Transvestite Prostitute’s Murder Verdict Reversed

The 4th District Court of Appeal on Friday reversed a second-degree murder conviction against a transvestite prostitute accused of killing a customer in a downtown San Diego parking garage in 1983.

Kenneth Chow, 28, of Lemon Grove, is expected to face a new trial because, according to the a 2-1 decision of the appellate court, Superior Court Judge James Malkus erred in not providing the jury with instructions for a finding of involuntary manslaughter.

Chow had been sentenced to 16 years to life for the slaying of Joseph Sardina, 27, a San Diego fisherman.

In making their ruling, Justices Gerald Brown and Robert O. Staniforth stressed that “there is substantial evidence to support the conviction of second-degree murder.” However, “instructional error warrants reversal of the judgment.” Justice J. Lewis dissented, saying the involuntary manslaughter instructions were unnecessary.

Police reports and statements of Chow and co-defendant Terrence McClanahan, described during the trial as Chow’s lover and protector, describe the events that led to the slaying.

About 4:30 a.m. on Jan. 5, 1983, Sardina solicited a sex act from Chow for $40, agreeing to meet the transvestite in a parking garage. McClanahan acted as a look-out.

Chow claimed that Sardina, who apparently never realized that Chow was male, attacked and tried to rob him in the garage. Chow admitted stabbing Sardina with a knife during the scuffle, later claiming it was self-defense.

Sardina tried to flee, but McClanahan, responding to his lover’s screams, tackled Sardina. Another fight ensued, and Chow stabbed Sardina a second time. Again, he later claimed it was self-defense.

Sardina bled to death within minutes.

Initially, McClanahan was also charged with murder, but in an unusual twist at the end of the trial, Deputy Dist. Atty. Mike Carpenter asked the jury to find McClanahan innocent. The jury agreed, convicting Chow of second-degree murder and acquitting McClanahan.

Chow, who was often referred to as “she” during the trial, was again referred to as “she” in the appellate decision. The judges offered an explanation for their semantics.

“At this time (of the arrest), Chow had silicone injections in the face, breasts and hips. He owned no male clothes and intended to have a sex change operation. He is referred to as a she in most of the testimony and much of the statement of facts.”