Araujo Jurors Head Towards 3rd Week Without Verdict

Araujo Jurors Head Towards 3rd Week Without Verdict
by 365Gay.com Newscenter Staff

Posted: June 11 2004 11:18 am. ET

(Hayward, California) The second week of deliberations in the trial of three men charged with killing transgendered teen Gwen Araujo ended Thursday night without a verdict. The jury will resume deliberations on Monday, opting not to sit on Fridays.

Besides the length of time it is taking the eight men and four women to reach a decision, the only clue that there are divisions in the jury room came Wednesday when jurors asked to have the testimony of the pathologist read to them.

The pathologist had concluded that Araujo had died of asphyxiation due to strangulation associated with blunt trauma to the head.

The request to hear that portion of the testimony again has led some court watchers to speculate that at least one juror is leaning towards arguments by the defense that the accused had reacted out of panic (story) after having sex with Araujo and then discovering she had male sex organs.

The defense argument is similar to the so-called "gay panic" that in part shifts the blame for the killing onto the victim.

Michael Magidson, Jose Merel, and Jason Cazares are charged with first degree murder with a hate crime enhancement.

In his summation to the jury, Alameda County Deputy District Attorney Chris Lamiero disputed the argument.

"This was no crime of panic by three young men who were swept up in something," he said. (story)

Lamiero told jurors that the killing had been planned ahead of time and was to be carried out if they confirmed Araujo was born male.

Araujo was beaten, battered with a shovel and then strangled to death on the night of Oct. 4, 2002 after the men discovered her biological sex. Her body was found in a shallow grave several days later.

If convicted of first degree murder the trio could be sentenced to life imprisonment. But, if the jury buys the defense argument that the men panicked and acted without thinking they could be sentenced to terms as little as five years behind bars.

A fourth man in the case, Jaron Nabors, pleaded guilty last year to voluntary manslaughter in a plea deal that required him to testify against his former friends. Nabors will be sentenced to 11 years.

The trial has attracted intense scrutiny from advocacy groups at a time when violence against trans men and women is increasing. (story)

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