Retrial Begins In Trans Teen's Slaying

Retrial Begins In Trans Teen's Slaying
by Mark Worrall 365Gay.com San Francisco Bureau

Posted: May 9, 2005 12:00 am ET

(Hayward, California) Jury selection is scheduled to begin today in the retrial of three men charged in the brutal 2002 killing of transgendered teen Gwen Araujo.

In June last year a jury failed to reach a verdict in the trial of Michael Magidson, Jose Merel and Jason Cazares.

The stumbling block had been whether to find the three guilty of first degree murder which the prosecution had called for, second degree murder or manslaughter which the defense had argued was justified. (story)

A fourth man, Jaron Nabors, pleaded guilty to voluntary manslaughter in exchange for testimony against his three friends. He is currently serving time behind bars.

The 17 year old Gwen Araujo was murdered during a party at Merel's Newark, California home, after it was discovered she was biologically male.

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

During the trial the defense put forward a variation on the "gay panic" defense, shifting the blame from the defendants to the victim.

A psychologist testifying for the defense claimed that the the men, two of whom allegedly had sex with her, panicked after learning Araujo was biologically male.

Alameda County Deputy District Attorney Chris Lamiero called on jurors today to convict the three of first degree murder with a hate crime enhancement.

"These three men took upon themselves the power of life and death," he said.

All of the attorneys in the new trial will be the same except for the lawyer representing Merel. His legal aid lawyer withdrew from the case.

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