Araujo Trial Hears "Panic" Testimony

Araujo Trial Hears 'Panic' Testimony
by 365Gay.com Newscenter Staff



Posted: May 25, 2004 12:01 a.m. ET

(Hayward, California) A psychologist testified Monday that the three men on trial for the killing of transgendered teen Gwen Araujo panicked when they discovered she was biologically male.

The defense is claiming a variation on the "gay panic" defense, shifting the blame from the defendants to the victim. While the technique has had only limited success in winning acquittals in gay homicides, attorneys for the three men hope to convince a jury their clients so "revulsed and shocked" they killed Araujo out of panic.

If they are successful the jury could find the accused guilty of manslaughter rather than murder.

Attorney Michael Thorman called psychologist Andrew Pojman to testify. Pojman said that people with the kind of maturity the defendants had would "go into a panic," on finding Araujo was biologically male.

"It would flip them out," he said.

Pojman told the court that the men's actions were fueled by drugs and alcohol resulting in a rapid increase in anxiety and then anger, with one feeding the other.

"Sort of a perfect storm?" Thorman asked.

"Yes, that's a good way to phrase it," Pojman replied.

Michael Magidson, 23, Jose Merel, 24, and Jason Cazares, also 24, are charged with killing the teen in October 2002. They are also charged with a hate crime. Earlier this month the judge refused to drop that charge. (story)

Araujo was beaten, battered with a shovel and then strangled to death. Her body was found in a shallow grave several days later.

A fourth man, Jaron Nabors, has already pleaded guilty to voluntary manslaughter in exchange for testimony against his three friends.

In his testimony, earlier in the trial, Nabors testified that Magidson and Merel both had sexual encounters with the 17 year old Araujo. (story)

The panic defense has drawn severe criticism from Araujo's family. They say the teen did not attempt to deceive anyone but was living as the person she believed herself to be.