Araujo's Mother Hopeful Of Convictions as Jury Begins Deliberations

Araujo's Mother Hopeful Of Convictions
Jury Begins Deliberations

August 31, 2005
NBC11.com, CA

http://www.nbc11.com/news/4919411/detail.html

HAYWARD, Calif. -- The mother of slain Newark transgender
teenager Gwen Araujo said Tuesday that she's hopeful that three
East Bay men accused of murdering Araujo will be convicted this
time around.

As the eight-woman, four-man jury began deliberating in the
second trial of the three defendants, Sylvia Guerrero said, "I
have a good feeling about this jury."

She said, "I think they'll do a good job."

Michael Magidson, Jason Cazares and Jose Merel, who are all 25,
are standing trial a second time on charges that they murdered
Araujo, 17, at Merel's home on Oct. 4, 2002, because their first
trial ended in a hung jury on June 21, 2004, after deliberations
that stretched over parts of 10 days. Magidson is from Fremont
and Cazares and Merel are from Newark.

Closing arguments in the lengthy retrial, which began on June 1,
concluded just after 11 a.m. Tuesday and jurors began
deliberating shortly before 2:30 p.m. after receiving legal
instructions from Alameda County Superior Court Judge Harry
Sheppard.

Guerrero said waiting during jury deliberations "isn't fun," but
said "you have to be patient" as the process unfolds.

However, she said, "I don't want to go through this again,"
referring to the possibility of a third trial if the second
trial ends in another hung jury.

According to Alameda County Deputy District Attorney Chris
Lamiero, Magidson, Merel, Cazares and a fourth man, Jaron
Nabors, attacked Araujo after discovering that the beautiful
woman they'd been socializing with, and in some cases having sex
with, actually was a biological male.

Nabors, a 22-year-old Newark man, originally was also charged
with murder, but before the first trial prosecutors allowed him
to plead guilty to the lesser charge of voluntary manslaughter
in exchange for his testimony against the other three men.

Nabors testified at both trials, but his credibility was
challenged by lawyers for the other men.

In his rebuttal closing argument Tuesday, Lamiero asked jurors
to convict Magidson and Cazares of first-degree murder but said
it's up to them to determine the appropriate verdict for Merel,
whom he said played a lesser role in the brutal beating and
strangulation death of Araujo despite admitting that he hit her
with a can and a frying pan.

Lamiero previously indicated that voluntary manslaughter or
assault are possible appropriate outcomes for Merel.

Standing next to a photograph of Araujo and pointing at Magidson
and Cazares, Lamiero said, "Don't let these two murderers
further stomp on this kid that they killed."

The prosecutor alleged that Magidson killed Araujo by strangling
her with a 37-foot-long rope and said that Cazares actively
helped Magidson carry out the slaying, which prompted outrage
among the transgender community nationwide.

But Lamiero said he believes Merel's testimony that he didn't
want for Araujo to be killed, stating, "I don't see Jose Merel
the same as the others."

Defense lawyers for the three defendants in the case all claimed
in their closing arguments that their clients didn't kill
Araujo, prompting Lamiero to sarcastically joke Tuesday that
"maybe it was a suicide."

Magidson's lawyer, Michael Thorman, said that although Magidson
admitted hitting Araujo and tying her wrists and ankles with a
rope, there's no evidence he put the rope around her neck and
killed her.

Even if jurors believe Magidson did kill Araujo, the most he
should be convicted of is voluntary manslaughter because the
killing was carried out in the heat of passion, Thorman said.

Merel's lawyer, William DuBois, told jurors that the most Merel
should be convicted of is assault because he had no idea Araujo
would be killed and had no intent to kill her.

Cazares' lawyer, Tony Serra, said Cazares should be acquitted of
all charges because he believes there's no evidence that Cazares
harmed Araujo at all.

Guerrero said "it bothers me" that no one in the case has
accepted responsibility for killing her daughter.

"I would have liked to have seen some accountability," Guerrero
said. "Only the truth will set them free."

The first trial ended in a hung jury because jurors were
deadlocked on first-degree murder and couldn't move on to
consider lesser charges, such as second-degree murder or
voluntary manslaughter.

The jury foreman said the panel deadlocked 7-5 in favor of
convicting Magidson of first-degree murder and 10-2 for
acquitting both Merel and Cazares of first-degree murder.

In a move to give jurors more flexibility this time, Lamiero
said if there's a disagreement about whether the defendants are
guilty of first- or second-degree murder, jurors who favor
first-degree should "listen to the arguments of those who favor
second-degree and come back with some sort of murder verdict."

Lamiero said, "I'm asking for finality and an end to this and am
asking for murder on behalf of the people and on behalf of
Gwen."

If they're convicted of first-degree murder and a hate crime
enhancement, which alleges that the crime was committed because
Araujo was a transgender person, the three defendants would face
a state prison term of 29 years to life.

Nabors' plea bargain calls for him to serve an 11-year state
prison term.


Copyright 2005 by Bay City News. All rights reserved.