Tue Sep 13 2005
Killing of Transgendered Teenager Not Ruled a Hate Crime
Many members of the transgender community are resting easier, as a Hayward, CA jury came back from deliberations on September 12th with convictions against Michael Magidson and Jose Merel in the re-trial for their roles in the murder of transgendered Newark teenager Gwen Araujo, whom the men knew as Lida. (Photos of 9/12 Press Conference | Link to Video) The two men were found guilty of second degree murder in the 2002 killing. The jury was unable to reach a verdict on the third man, Jason Cazares. The decision followed a re-trial that starkly contrasted with the 2004 trial. As attorneys for the three defendants moved away from the unified front used last year, their overall reliance on "transgender panic" tactics subsided as well. The jury did not convict the men of committing a hate crime. Prosecutors will announce their decision on a third trial for Cazares on November 18th. Magidson will be sentenced on January 6th, and Merel’s sentencing date will be set on October 28th.
Trans advocates and progressive and queer organizations have applauded the Alameda County District Attorney's office for prosecuting this case twice. It is believed that the successful prosecution and conviction of two of her killers will help to reduce the risk of further violence against transgendered people both in the East Bay, and all over the country. It will now be up to the Alameda County District Attorney to decide whether to pursue a third trial against Jason Cazares.
Indybay's Coverage of the First Trial in Gwen's Murder | Transgender Law Center statement | GenderPAC statement | Additional articles about the verdict | Justice for Gwen Araujo Blog
