Differing Stories Emerge In Trans Teen Murder Trial

Differing Stories Emerge In Trans Teen Murder Trial
by 365Gay.com Newscenter Staff

Posted: July 26, 2005 2:00 pm ET Updated 4:15pm

(Hayward, California) The once solid front put on by the defense for the three men accused of killing transgendered teen Gwen Araujo has begun to show deep cracks.

One of the defendants, Jason Cazares, was hammered by lawyers for the other two as he wrapped up his testimony in the case.

Cazares, Michael Magidson and Jose Merel, all 25, are on trial for first-degree murder in the slaying. Their first trial, last year, ended with a hung jury. (story)

Cazares was the first of the three to testify in his own defense and lawyers for Magidson and Merel were anxious to discredit much of what he has said over a week on the stand.

At the beginning of his testimony Cazares said he was not in the room when Araujo was killed, but had helped bury the body. (story)

In the first trial none of the accused testified, but this time it is becoming clear lawyers for each of the men is trying to shift the blame for the murder on the other defendants.

"Is it fair to say you have a negative attitude toward gay people" asked Merel's lawyer, William DuBois.

Cazares replied no, but admitted he often used the word "faggot." He said he used the term as a joke to tease friends and does not consider it a gay slur.
"I'd call anybody a faggot," including friends, Cazares said.

Merel has also denied taking part in the killing. In his opening statement DuBois said Merel cared for Araujo and never wanted her dead or planned the murder.

DuBois asked Cazares if he remembered Merel asking after the murder why Araujo had to die.

Cazares said he did not recall the conversation.

Then Magidson's lawyer, Michael Thorman, took on Cazares' testimony.

Thorman asked Cazares if he remembered a conversation between the three accused and a fourth man, Jaron Nabors after the killing where, according to Thorman, Magidson agreed to take the rap because he didn't have any children but the other three men did.

Cazares said he did not have any memory of the discussion.

Nabors, 22, was also at the house the night of the killing and initially was charged with murder. But he was allowed to plead guilty to manslaughter in return for testifying against his three friends.

Araujo, 17, was murdered in October 2002 during a party at Merel's Newark, California home, after it was discovered she was biologically male.

Prior to the party Magidson and Merel both had sex with Araujo.

Taking the stand late Tuesday Merel admitted to taking part in the killing. He told the court that he was disgusted and angry when he learned Araujo was biologically male.

"Your whole life you think you're a heterosexual. Then you get pleasure from a homosexual. It disgusted me," he said.

"I thought it was impossible to derive pleasure from a man unless you were gay ... I was having serious questions about my sexuality."

As the questioning from his lawyer continued it became apparent that his defense would be so-called gay rage - a tactic that has had mixed success in other trials.

Merel said the more he thought about it the angrier he got, finally punching Araujo and then hitting her with a skillet.

He said that Magidson strangled the teen with a rope.

Prosecutor Chris Lamiero has argued that Araujo was lured to the party and killed in a calculated act of revenge.

©365Gay.com 2005