OAKLAND -- A transvestite who had adopted a baby was found guilty of second degree murder for beating the child to death with a shoe in what prosecutors say was a murder inspired by a $20,000 insurance policy.

Alameda County Superior Court Judge David Lee ruled Thursday there was not enough evidence to prove that the murder was premeditated, so he found Gregory Thomas Rogers, 30, also known as Jean Woodard, guilty only in the second degree.


Second degree murder carries a sentence of 15 years to life. Rogers will be sentenced Feb. 8.

Prosecutor M. J. Tocci argued that Rogers killed 14-month-old Nathan Moncrieffto to collect on a $20,000 life insurance policy, but the judge said not enough evidence was produced for a first degree murder charge.

The baby was born to a heroin addict mother in San Francisco in 1985 and was placed with Rogers and Alvin Woodard, 25, by a private Oakland adoption center a year later. Woodard already has been sentenced to 15 years for his part in the killing.

Outside court, Rogers' attorney, Michael Bailey of the Alameda County Public Defenders office, blamed the adoption center for giving the baby to Rogers and Woodard.

'If you want a real crime,' Bailey said, 'it's the act of giving them a child.'