Justice Served? Two Murder Convictions in Araujo Case But No Hate Crime

Justice Served?

~Two Murder Convictions in Araujo Case But No Hate Crime~



Gwen AraujoWASHINGTON (September 13, 2005) A California jury yesterday answered a prosecutor’s call for accountability in the tragic death of Gwen Araujo and handed down murder convictions for Michael Magidson and Jose Merel. The Gender Public Advocacy Coalition (GenderPAC) called the verdicts a sign of progress in the gender-rights movement.

“We're very happy with the two murder verdicts and are hopeful that the third verdict will come swiftly. Compared to too many other transgender murder cases, this jury clearly stated that Gwen's life was just as valued as any other human being's,” said Julie Dorf, founder of the International Gay and Lesbian Human Rights Commission. “They delivered murder verdicts as opposed to manslaughter or any other lesser verdict. I believe that other district attorneys around the country will take notice of this case.”

After three months of testimony, the four-woman, eight-man jury took 7 days of deliberations to find Michael Magidson and Jose Merel guilty of second degree murder in the October 2002 death of Gwen Araujo. They face mandatory sentences of 15 years to life. The third defendant, Jason Cazares, was free to go on $1 million bail after jurors deadlocked on his conviction. Prosecutors have not yet indicated if they will retry him.

17-year-old Gwen Araujo was beaten, bound, and strangled by a group of four men who learned that she was biologically male. The Latina American was later dumped into a shallow grave.

“These verdicts are definitely a sign of progress and we welcome them. But the fact that the jury did not see this for the hate crime it obviously was, plus the release of one of her murderers, means we still have a lot of work ahead of us,” said Riki Wilchins, Executive Director of GenderPAC. “The public must realize the price many American pay for not meeting traditional masculine and feminine standards. Until they do so, teenagers like Gwen, especially those of color, will continue to be at risk.”

According to GenderPAC, at least 9 teens of color have been murdered since 2001 in attacks based on their gender _expression or identity, including Native American Fred Martinez (17), and African Americans Brandie Coleman (18), Ukea Davis (18), Nireah Johnson (17), Stephanie Thomas (19), Nikki Nicholson (19), Sakia Gunn (15), and James Richardson (17).

“A retrial of Cazares and strong sentencing of Merel and Magidson are necessary next steps in further establishing the seriousness of this crime,” said Wilchins.

On November 18th prosecutors will announce their decision on a third trial for Cazares. Magidson will be sentenced on January 6; Merel’s sentencing date will be set on October 28th.

The Gender Public Advocacy Coalition (GenderPAC) works to end discrimination and violence caused by gender stereotypes. To join today, visit us at http://www.gpac.org/join.