News
2005-08-25
Retrial of
alleged Araujo murderers wraps up
Nearly three
years ago Gwen Araujo was beaten and strangled after her
companions discovered that the fetching 17-year-old was
Nearly three
years ago Gwen Araujo was beaten and strangled after her
companions discovered that the fetching 17-year-old was
biologically male. Closing arguments in the
prosecution's second attempt to win murder convictions
in the case were set for Wednesday afternoon. Three
25-year-olds—Michael Magidson, Jose Merel, and Jason
Cazares—face first-degree murder charges. A
fourth man, Jaron Nabors, 22, pleaded guilty to
manslaughter in exchange for testifying against his friends.
The case has been
closely watched by transgender Americans, who were
disappointed last year when the first trial ended with a
deadlocked jury. Magidson's attorney had argued the
case was no more than manslaughter, a crime committed
in passion sparked by sexual deception, a defense that
activists and Araujo's family called blaming the victim.
Araujo was born a
boy named Edward but grew up to believe her true
identity was as a woman. The defendants, who knew Araujo as
Lida, met her in late summer 2002 and soon became
friends. Flirty and fun, the teenager started hanging
out at Merel's house in the San Francisco suburb of
Newark where they drank, smoked marijuana, and played
dominoes. Magidson and Merel had sexual encounters
with Araujo, and, according to Merel, so did Nabors,
although Nabors denies it.
Suspicions about
Araujo's gender began to grow after Magidson and Merel
compared notes, leading to a confrontation in the early
morning hours of October 4, 2002. The debate was
settled when Araujo's underwear was roughly pulled
aside. Chaos ensued. Nabors said Araujo was choked,
kicked, and punched. He said he saw Merel smash Araujo in
the head with a can and also hit her with a frying
pan. Eventually, Araujo was knocked unconscious, tied
up, and carried out to the garage, where Nabors said he
saw Magidson start to pull an end of rope toward Araujo's
neck.
Cazares, who like
Nabors testified at both trials, denied taking part in
the attack. He said he was outside when Araujo was killed
but felt obliged to help his friends bury the body.
Merel, who said he vomited and wept when he learned
Araujo was biologically male, acknowledged slapping
Araujo and hitting her once with a pan. But he said he only
tried to scare her and never intended for her to be
killed.
At the first
trial the defendants worked together, focusing on trying to
undermine Nabors's credibility. But unity faltered in the
second trial with Merel and Magidson testifying for
the first time—and telling different stories.
Magidson said he didn't remember much of what happened
that night, but he was sure he did not kill the teenager. He
identified Nabors as the strangler. After he was
arrested Magidson confessed to police he strangled
Araujo, but he testified that he did that only because
he wanted to protect his friends. He said he changed his
mind after sitting in jail. (AP)
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