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Mon Apr 19 2004
Hung Jury in Gwen Araujo Murder Trial
8/10/2004: The retrial date for the criminal case against Jason Cazares, Michael Magidson and Jose Merel is set for May 9, 2005. Jason Cazares was set free on $1 million bail in early August.
7/01/04: The family of Gwen Araujo announced this week that Gwen's legal name had been officially changed to Gwen Amber Rose Araujo. Gwen's mother, Sylvia Guerrero, had requested this name change this year. Transgender rights activists hope that this will lead to the use of the correct name to refer to Gwen in the re-trial of three men who were accused of killing her.
6/22/04: After nine days of deliberations, the jury announced today that it was unable to come to a unanimous decision in the case of three men who are accused of murdering transgendered teenager Gwen Araujo. After questioning each of the jurors individually, the judge declared a mistrial on the basis that the jury was hopelessly deadlocked. Although this puts the proceedings on-hold, the case is far from over. The prosecutor has already announced that he will retry the case. This will involve empanelling a new jury for another complete trial, which will likely begin in several months.
Transgendered people and their allies have expressed fear that the inability of the jury to reach a verdict indicates that transpeople's safety and lives are not valued, even in the progressive SF Bay Area. However, interviews with jurors indicate that the principal split in the jury was not between guilt vs innocence, nor even manslaughter vs murder, but instead was whether the accused men should be found guilty either of first- vs second-degree murder. The split here hinges upon whether their actions were "willful, deliberate, and premeditated."
In California, a second-degree murder conviction carries a mandatory state prison term of 15-years-to-life, while a first-degree conviction raises the mandatory minimum penalty to 25-years-to-life.
An additional "hate-crime sentencing enhancement" [PC 422.75(c)] could add another four years to any prison term imposed. But crucially, for a first-degree murder conviction, the hate-crime element would effectively require "life without the possibility of parole, if the defendant intentionally killed the victim because of the victim's disability, gender, or sexual orientation or because of the defendant's perception of the victim's disability, gender, or sexual orientation." [PC 190.3(a)].
6/13/04: The world anxiously awaits the jury's verdict in the Gwen Araujo case. The jury has spent two weeks (aside from Fridays) deliberating. The only word from the jury in these two weeks has been a request to have the testimony of the pathologist read to them. The pathologist had concluded that Araujo had died of asphyxiation due to strangulation associated with blunt trauma to the head. Testimony ended in late May, and the closing arguments began on June 1st.
5/9/2004: In April, the trial of three young men (Michael Magidson, 23, and Jose Merel and Jason Cazares, both aged 24) who are accused of beating and strangling transgendered teenager Gwen Araujo (neé "Eddie," aka "Lida") to death began in Hayward. Another of the men involved in the October 3, 2002 murder, Jaron Nabors, aged 20, has received an 11-year manslaughter sentence in return for testifying against the other three. Nabors had also led law enforcement officials to the unmarked grave in which Gwen's body had been dumped. Normally progressive lawyer J. Tony Serra is representing Jason Cazares, who claims that he was not involved in the killing.
A fundamental question in this trial has been whether or not the killing was a hate crime. Defense attorneys unsuccessfully tried to use the young men's anger and sense of "betrayal" to justify the "rage" that led them to kill her, with hopes of lesser manslaughter convictions. However, Judge Harry Sheppard has refused to throw out a hate crime enhancement in this case. Michael Thorman, the lawyer for defendant Michael Magidson, had tried to argue that the men had killed Gwen because they were angry about her having hidden her biological sex from her partners, rather than because they generally hated transgendered people. Gloria Allred, the attorney who is representing Gwen's family, has said that any attempt to use rage to justify killing Gwen is an insult to the family.
The prosecution rested this past week and the defense started its arguments on Tuesday, May 5th. The defense successfully got Nabors to admit he had previously lied to police, and implied that he was trying to shift blame for the killing from himself to Magidson, Merel and Cazares.
On Monday, April 19th, Nicole Brown, the young woman who reached under Araujo's clothes to determine her biological sex, was expected to testify. However, she broke down in tears and said that she was unable to testify that day. A police detective who had accompanied Jaron Nabors to the scene where the young men had buried Gwen's body did take the stand on that day.
Much media coverage of the case focuses on the young men's sense of "betrayal," because Araujo had not told her murderers that she was not anatomically female, and the men, two of whom had had sexual relations with her, all identified as heterosexual. The media also is covering the right-wing christian group that has planned to protest homosexuality at the trial.
Past Indybay coverage of Gwen's story. | More coverage of the trial | Enemy Combatant Radio Headlines
Gay-Straight Alliance Network says more tolerance of transgenders needs to be taught in schools. | Not in Our Town
The Gwen Araujo Memorial Fund has raised nearly $10,000 to fund school programs that increase understanding of transgender people and issues. | TransYouth Network
7/01/04: The family of Gwen Araujo announced this week that Gwen's legal name had been officially changed to Gwen Amber Rose Araujo. Gwen's mother, Sylvia Guerrero, had requested this name change this year. Transgender rights activists hope that this will lead to the use of the correct name to refer to Gwen in the re-trial of three men who were accused of killing her.
6/22/04: After nine days of deliberations, the jury announced today that it was unable to come to a unanimous decision in the case of three men who are accused of murdering transgendered teenager Gwen Araujo. After questioning each of the jurors individually, the judge declared a mistrial on the basis that the jury was hopelessly deadlocked. Although this puts the proceedings on-hold, the case is far from over. The prosecutor has already announced that he will retry the case. This will involve empanelling a new jury for another complete trial, which will likely begin in several months.
Transgendered people and their allies have expressed fear that the inability of the jury to reach a verdict indicates that transpeople's safety and lives are not valued, even in the progressive SF Bay Area. However, interviews with jurors indicate that the principal split in the jury was not between guilt vs innocence, nor even manslaughter vs murder, but instead was whether the accused men should be found guilty either of first- vs second-degree murder. The split here hinges upon whether their actions were "willful, deliberate, and premeditated."
In California, a second-degree murder conviction carries a mandatory state prison term of 15-years-to-life, while a first-degree conviction raises the mandatory minimum penalty to 25-years-to-life.
An additional "hate-crime sentencing enhancement" [PC 422.75(c)] could add another four years to any prison term imposed. But crucially, for a first-degree murder conviction, the hate-crime element would effectively require "life without the possibility of parole, if the defendant intentionally killed the victim because of the victim's disability, gender, or sexual orientation or because of the defendant's perception of the victim's disability, gender, or sexual orientation." [PC 190.3(a)].
6/13/04: The world anxiously awaits the jury's verdict in the Gwen Araujo case. The jury has spent two weeks (aside from Fridays) deliberating. The only word from the jury in these two weeks has been a request to have the testimony of the pathologist read to them. The pathologist had concluded that Araujo had died of asphyxiation due to strangulation associated with blunt trauma to the head. Testimony ended in late May, and the closing arguments began on June 1st.
5/9/2004: In April, the trial of three young men (Michael Magidson, 23, and Jose Merel and Jason Cazares, both aged 24) who are accused of beating and strangling transgendered teenager Gwen Araujo (neé "Eddie," aka "Lida") to death began in Hayward. Another of the men involved in the October 3, 2002 murder, Jaron Nabors, aged 20, has received an 11-year manslaughter sentence in return for testifying against the other three. Nabors had also led law enforcement officials to the unmarked grave in which Gwen's body had been dumped. Normally progressive lawyer J. Tony Serra is representing Jason Cazares, who claims that he was not involved in the killing.
A fundamental question in this trial has been whether or not the killing was a hate crime. Defense attorneys unsuccessfully tried to use the young men's anger and sense of "betrayal" to justify the "rage" that led them to kill her, with hopes of lesser manslaughter convictions. However, Judge Harry Sheppard has refused to throw out a hate crime enhancement in this case. Michael Thorman, the lawyer for defendant Michael Magidson, had tried to argue that the men had killed Gwen because they were angry about her having hidden her biological sex from her partners, rather than because they generally hated transgendered people. Gloria Allred, the attorney who is representing Gwen's family, has said that any attempt to use rage to justify killing Gwen is an insult to the family.
The prosecution rested this past week and the defense started its arguments on Tuesday, May 5th. The defense successfully got Nabors to admit he had previously lied to police, and implied that he was trying to shift blame for the killing from himself to Magidson, Merel and Cazares.
On Monday, April 19th, Nicole Brown, the young woman who reached under Araujo's clothes to determine her biological sex, was expected to testify. However, she broke down in tears and said that she was unable to testify that day. A police detective who had accompanied Jaron Nabors to the scene where the young men had buried Gwen's body did take the stand on that day.
Much media coverage of the case focuses on the young men's sense of "betrayal," because Araujo had not told her murderers that she was not anatomically female, and the men, two of whom had had sexual relations with her, all identified as heterosexual. The media also is covering the right-wing christian group that has planned to protest homosexuality at the trial.
Past Indybay coverage of Gwen's story. | More coverage of the trial | Enemy Combatant Radio Headlines
Gay-Straight Alliance Network says more tolerance of transgenders needs to be taught in schools. | Not in Our Town
The Gwen Araujo Memorial Fund has raised nearly $10,000 to fund school programs that increase understanding of transgender people and issues. | TransYouth Network
Wed Mar 17 2004
Queer Contingents Planned for 3/20 Anti-War Demonstration
3/17/04: The contingents that are taking shape for this Saturday's demonstration against the US wars and occupation show the political diversity of the LGBTQI communities. The Strength in Unity Contingent will gather early, at 10am at 24th St BART. "This is gonna be an amazing, beautiful and LOUD contingent representing people of Arab and Palestinian, Latino, African American, Asian
and Pacific Islander communities, youth, elders, queer folk, and white allies." The Defend Equal Rights Contingent will gather on the front steps of the park, rising from Dolores Street near 19th Street.
The Get Divorced from State Terrorism Contingent, which includes Gay Shame, sees marriage as the "central institution of that misogynist, racist system of domination and oppression known as heterosexuality." That contingent will gather at 11am at 18th and Dolores for a banner and fliering campaign to link marriage as an institution to war, classism, racism, and political opportunism. The Queers for Palestine Contingent with gather at the park at 11am with the Palestine Contingent.
See the anti-war page for more about the US wars and protests against them.
See the anti-war page for more about the US wars and protests against them.
Fri Mar 12 2004
Military Resister Stephen Funk Welcomed Home
On March 14th, there was a Welcome Home Stephen Funk event, held at the Humanist Hall in Oakland. The dinner event included dinner, performances and speeches by people such as Tommi Avicolli Mecca, as well as a screening of the film Fourth World War
For more information about Stephen Funk, see our coverage on the Anti-War Page and on the LGBTQI Page.
For more information about Stephen Funk, see our coverage on the Anti-War Page and on the LGBTQI Page.
Thu Mar 11 2004
State Supreme Court Halts Same-Sex Marriages for Review
3/11/2004: With local courts refusing to put an immediate stop to same-sex marriages, the State Supreme Court in Sacramento stepped in today with a ruling putting same-sex marriages "on pause," after State Attorney General Lockyer had asked the high court to take up the case without lower court review. The court will likely consider Lockyer's request in May or June.
According to Jon Davidson, one of the attorneys representing the over 4,000 same-sex couples married so far in San Francisco, "Today is just the beginning of our fight on behalf of these married couples and others who have not yet gotten married. This case will ultimately resolve whether the California Constitution requires that same-sex couples be given the equal right to marry."
In response to the Supreme Court's actions, protesters gathered at Harvey Milk Plaza and marched to the Courthouse (Photos).
Also on March 11th, Marriage Equality California held a lunchtime rally to call for equal rights in San Francisco's Union Square. Read more about same-sex marriage struggles below.
According to Jon Davidson, one of the attorneys representing the over 4,000 same-sex couples married so far in San Francisco, "Today is just the beginning of our fight on behalf of these married couples and others who have not yet gotten married. This case will ultimately resolve whether the California Constitution requires that same-sex couples be given the equal right to marry."
In response to the Supreme Court's actions, protesters gathered at Harvey Milk Plaza and marched to the Courthouse (Photos).
Also on March 11th, Marriage Equality California held a lunchtime rally to call for equal rights in San Francisco's Union Square. Read more about same-sex marriage struggles below.
Wed Mar 3 2004
As Same-Sex Marriages Spread, Controversy Grows
On 3/11/2004: Marriage Equality California organized a lunchtime rally to call for equal rights from 11-1 in San Francisco's Union Square.
3/9/2004: On Monday, the city of Seattle announced that it would recognize marriage licenses of same-sex couples, so that spouses of city employees will be able to receive benefits. Today San Jose became the first California city to announce that it would recognize same-gender marriages, but only those of city employees (?). The son of Pete Knight, one of the chief opponents of gay marriage in California and nationwide, was married today in San Francisco to his male partner. The city of San Francisco has asked the California Supreme Court to stay out of the lawsuit that has been filed there until after the lower courts have considered the matter. The case is scheduled to be heard in San Francisco Superior Court on March 29th. Last week a temporary restraining order forced the mayor of New Paltz, NY to stop issuing marriage licenses to same-sex couples.
This week's marriage-related events list from Marriage Equality California.
3/3/04: California: As same-sex marriages continue in San Francisco, Governor Arnold Schwarzenneger has said that he does not support a proposed Federal Marriage Amendment which fellow Republican President Bush supports. He says that he is aware that California voters chose to oppose gay marriage, and acknowledges that the voters could choose to overturn the law which he claims that SF Mayor Gavin Newsom is breaking. Proposition 22, which defines marriage as only being between a man and a woman, was passed four years ago this week. The Juvenile Crime Initiative Proposition 21, which was approved by the voters on the same day as Prop 22, has since been overturned in the courts. Outrage over George Bush's opposition to her right to marry led Rosie O'Donnell to get married in SF last week.
On March 16th, the city of Oakland will consider whether to begin issuing marriage licenses to same-sex couples.
Oregon: Multnomah County, which includes the city of Portland, began issuing same-sex marriage licenses today.
New York: The Attorney General of New York State said today that same-sex couples who were married elsewhere are considered legally married in New York. The town New Paltz, in New York, is at odds with Ulster County, the county in which it resides, because its mayor is issuing marriage licenses to same-sex couples. The State Attorney General has ordered a review of the state constitution to see if the marriages are already legal, but Republican Governor Pataki has said that state law clearly allows marriages only between a man and a woman. The County District Attorney has charged the Mayor of New Paltz Tuesday with 19 counts of solemnizing a marriage without a license, which is a misdemeanor under the domestic relations law.
Meanwhile, Mayor Carolyn Peterson announced Monday that the upstate city of Ithaca would begin accepting applications for marriage licenses from same sex couples, but would then pass the applications on to the state for approval.
Massachusetts: State legislators failed to agree to pass an amendment to the state constitution that would define marriage as only between a man and a woman. They will likely take up the issue again on March 11th. The state Supreme Court has already said that same-sex couples must be given equal marriage rights to those of opposite-sex couples.
Nationally, the Senate is debating the proposed Federal Marriage Amendment today. Mary Cheney, the lesbian daughter of Vice President Dick Cheney who campaigned for her father for the 2000 election, has disappeared from the political spotlight and has not spoken out about the gay marriage question. This has prompted activists to start a Dear Mary website. Dick Cheney yesterday asked that people leave Mary Cheney out of the gay marriage debate. Cheney did not speak directly for the Federal Marriage Amendment, but did say that he supports the President. Since the President recently announced his support for the Amendment, it is safe to assume that Cheney does not want his lesbian daughter to have the same access to civil rights that his other presumably straight daughters enjoy.
In breakup-related news, the US Supreme Court declined to rule on a case that involved second-parent adoption. This means that the California Supreme Court ruling in favor of second-parent adoptions stands.
3/9/2004: On Monday, the city of Seattle announced that it would recognize marriage licenses of same-sex couples, so that spouses of city employees will be able to receive benefits. Today San Jose became the first California city to announce that it would recognize same-gender marriages, but only those of city employees (?). The son of Pete Knight, one of the chief opponents of gay marriage in California and nationwide, was married today in San Francisco to his male partner. The city of San Francisco has asked the California Supreme Court to stay out of the lawsuit that has been filed there until after the lower courts have considered the matter. The case is scheduled to be heard in San Francisco Superior Court on March 29th. Last week a temporary restraining order forced the mayor of New Paltz, NY to stop issuing marriage licenses to same-sex couples.
This week's marriage-related events list from Marriage Equality California.
3/3/04: California: As same-sex marriages continue in San Francisco, Governor Arnold Schwarzenneger has said that he does not support a proposed Federal Marriage Amendment which fellow Republican President Bush supports. He says that he is aware that California voters chose to oppose gay marriage, and acknowledges that the voters could choose to overturn the law which he claims that SF Mayor Gavin Newsom is breaking. Proposition 22, which defines marriage as only being between a man and a woman, was passed four years ago this week. The Juvenile Crime Initiative Proposition 21, which was approved by the voters on the same day as Prop 22, has since been overturned in the courts. Outrage over George Bush's opposition to her right to marry led Rosie O'Donnell to get married in SF last week.
On March 16th, the city of Oakland will consider whether to begin issuing marriage licenses to same-sex couples.
Oregon: Multnomah County, which includes the city of Portland, began issuing same-sex marriage licenses today.
New York: The Attorney General of New York State said today that same-sex couples who were married elsewhere are considered legally married in New York. The town New Paltz, in New York, is at odds with Ulster County, the county in which it resides, because its mayor is issuing marriage licenses to same-sex couples. The State Attorney General has ordered a review of the state constitution to see if the marriages are already legal, but Republican Governor Pataki has said that state law clearly allows marriages only between a man and a woman. The County District Attorney has charged the Mayor of New Paltz Tuesday with 19 counts of solemnizing a marriage without a license, which is a misdemeanor under the domestic relations law.
Meanwhile, Mayor Carolyn Peterson announced Monday that the upstate city of Ithaca would begin accepting applications for marriage licenses from same sex couples, but would then pass the applications on to the state for approval.
Massachusetts: State legislators failed to agree to pass an amendment to the state constitution that would define marriage as only between a man and a woman. They will likely take up the issue again on March 11th. The state Supreme Court has already said that same-sex couples must be given equal marriage rights to those of opposite-sex couples.
Nationally, the Senate is debating the proposed Federal Marriage Amendment today. Mary Cheney, the lesbian daughter of Vice President Dick Cheney who campaigned for her father for the 2000 election, has disappeared from the political spotlight and has not spoken out about the gay marriage question. This has prompted activists to start a Dear Mary website. Dick Cheney yesterday asked that people leave Mary Cheney out of the gay marriage debate. Cheney did not speak directly for the Federal Marriage Amendment, but did say that he supports the President. Since the President recently announced his support for the Amendment, it is safe to assume that Cheney does not want his lesbian daughter to have the same access to civil rights that his other presumably straight daughters enjoy.
In breakup-related news, the US Supreme Court declined to rule on a case that involved second-parent adoption. This means that the California Supreme Court ruling in favor of second-parent adoptions stands.
Wed Feb 25 2004
SF Issues Over 3000 Same-Sex Marriage Licenses
2/25: President Bush has finally ended months of innuendo and called for an amendment that would define marriage as only between a man and a woman. Many organizations in favor of same gender marriage have published statements opposing the amendment. Some have called for nationwide protests to be held on Wednesday 2/25.
2/23:Marriage licenses in San Francisco are now issued by appointment only.
Protests have been called for if and when the courts decide to put a stop to same-sex marriages. California Governor Arnold Schwarzenegger failed to intimidate state Attorney General Lockyer into stopping the city of San Francisco's issuing of marriage licenses to same-sex couples.
On Friday February 20th, a San Francisco judge again refused to halt same-sex marriages in SF. On Thursday, the City of SF sued the State of California to recognize same-sex marriages.
On Thursday February 12th, San Francisco became one of the first government entities in the United States to grant marriage licenses to same-sex couples. Weddings continued all week despite efforts by the Campaign for California Families, the Alliance Defense Fund, Gov. Schwarzenegger and other right wingers to stop them. As of Friday the 20th, over 3000 same-sex couples have received licenses.
The first couple married was Phyllis Lyon and Del Martin. In 1955, they were two of the founders of the Daughters of Bilitis, the first national organization for lesbians in the United States. Among others married on 2/12 were Marriage Equality California Executive Directors Davina Kotulski and Molly McKay.
Read More: 1 2 3 4 5 6 7 8 9 10 | Photos: 1 2 3 4 5 6 | FAQ On Obtaining Marriage Licenses In SF
2/15: Hundreds of people camped out at City Hall on Sunday night in order to be the first people in line to get licenses on Monday. Reports: 1 Photos: 1
Gay Couples Also Exchanging Vows In Bernalillo, N.M. | San Francisco Inspires Cambodia | New Paltz, NY Takes Legal Lead
2/23:Marriage licenses in San Francisco are now issued by appointment only.
Protests have been called for if and when the courts decide to put a stop to same-sex marriages. California Governor Arnold Schwarzenegger failed to intimidate state Attorney General Lockyer into stopping the city of San Francisco's issuing of marriage licenses to same-sex couples.
On Friday February 20th, a San Francisco judge again refused to halt same-sex marriages in SF. On Thursday, the City of SF sued the State of California to recognize same-sex marriages.
On Thursday February 12th, San Francisco became one of the first government entities in the United States to grant marriage licenses to same-sex couples. Weddings continued all week despite efforts by the Campaign for California Families, the Alliance Defense Fund, Gov. Schwarzenegger and other right wingers to stop them. As of Friday the 20th, over 3000 same-sex couples have received licenses.
The first couple married was Phyllis Lyon and Del Martin. In 1955, they were two of the founders of the Daughters of Bilitis, the first national organization for lesbians in the United States. Among others married on 2/12 were Marriage Equality California Executive Directors Davina Kotulski and Molly McKay.
Read More: 1 2 3 4 5 6 7 8 9 10 | Photos: 1 2 3 4 5 6 | FAQ On Obtaining Marriage Licenses In SF
2/15: Hundreds of people camped out at City Hall on Sunday night in order to be the first people in line to get licenses on Monday. Reports: 1 Photos: 1
Gay Couples Also Exchanging Vows In Bernalillo, N.M. | San Francisco Inspires Cambodia | New Paltz, NY Takes Legal Lead
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