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Araujo Trial: Jury Deliberations Stall
Araujo trial: Jury deliberations stall
by Christopher Curtis
PlanetOut Network
After deliberating for eight days over the murder of a transgender teenager who was killed after her biological identity was exposed, jurors told the court on Wednesday they are having trouble reaching a decision.
Michael Magidson, Jose Merel and Jason Cazares are accused of killing Gwen Araujo on Oct. 4, 2002, in Newark, Calif., and then burying her body 100 miles away in the Sierra foothills.
Prosecutor Chris Lamiero has asked the jury to find the three guilty of first-degree murder, a crime punishable by 25 years to life in prison.
However, Cazares' attorney argued his client should be acquitted, claiming Cazares only helped bury the body.
Attorneys for Merel and Magidson said their clients' actions only merited a conviction of manslaughter, a sentence that carries a maximum term of 11 years in prison. They argued both men, who had sexual relations with Araujo, acted out of violence after discovering Araujo's biological identity.
"With the way the defense is going with this case, it's like they're saying transgender people are responsible for our own deaths," said transgender activist Gwen Smith. "It really devalues our existence. It is saying it's OK if you kill transgender people, and that's just not right."
If the jury believes Araujo's killing was a hate crime, four more years could be added to the prison sentences.
Jaron Nabors, who was also involved in the crime, has already been sentenced to 11 years for manslaughter, in exchange for becoming the prosecution's star witness.
According to the Associated Press, jurors have asked Alameda County Superior Court Judge Harry Sheppard to better explain his instructions on reaching a verdict. They have also requested access to some tape-recorded and videotaped evidence.
"It certainly concerns me that they haven't come to a decision at this point. From being at the trial, I thought things were a lot more clear-cut," said Smith. "I'm holding out hope for justice."
Posted June 17, 2004
by Christopher Curtis
PlanetOut Network
After deliberating for eight days over the murder of a transgender teenager who was killed after her biological identity was exposed, jurors told the court on Wednesday they are having trouble reaching a decision.
Michael Magidson, Jose Merel and Jason Cazares are accused of killing Gwen Araujo on Oct. 4, 2002, in Newark, Calif., and then burying her body 100 miles away in the Sierra foothills.
Prosecutor Chris Lamiero has asked the jury to find the three guilty of first-degree murder, a crime punishable by 25 years to life in prison.
However, Cazares' attorney argued his client should be acquitted, claiming Cazares only helped bury the body.
Attorneys for Merel and Magidson said their clients' actions only merited a conviction of manslaughter, a sentence that carries a maximum term of 11 years in prison. They argued both men, who had sexual relations with Araujo, acted out of violence after discovering Araujo's biological identity.
"With the way the defense is going with this case, it's like they're saying transgender people are responsible for our own deaths," said transgender activist Gwen Smith. "It really devalues our existence. It is saying it's OK if you kill transgender people, and that's just not right."
If the jury believes Araujo's killing was a hate crime, four more years could be added to the prison sentences.
Jaron Nabors, who was also involved in the crime, has already been sentenced to 11 years for manslaughter, in exchange for becoming the prosecution's star witness.
According to the Associated Press, jurors have asked Alameda County Superior Court Judge Harry Sheppard to better explain his instructions on reaching a verdict. They have also requested access to some tape-recorded and videotaped evidence.
"It certainly concerns me that they haven't come to a decision at this point. From being at the trial, I thought things were a lot more clear-cut," said Smith. "I'm holding out hope for justice."
Posted June 17, 2004
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They just declared a mistrial. My thoughts, best hopes and wishes for strength go out to her mother.
The mis-trial is not surprising because the law becomes convoluted when the prosecution argues that this murder is "worse" than other murders because the victim was mentally ill.
If the prosecution had merely stuck to the facts (violent attack resulting in death) she could have won a conviction. But, no, she had to play the whole "transgendered" "hate crime" card, which has no significant historical legal record.
Let's hope the next trial sticks to the facts and justice is served.
If the prosecution had merely stuck to the facts (violent attack resulting in death) she could have won a conviction. But, no, she had to play the whole "transgendered" "hate crime" card, which has no significant historical legal record.
Let's hope the next trial sticks to the facts and justice is served.
I never read anything suggesting that she had a history of mental illness
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