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Two defendants convicted in Araujo trial
Two men charged with murder, cleared of hate crime charges
Published Thursday, 15-Sep-2005 in issue 925
HAYWARD, Calif. (AP) – Two men who had sex with a transgender teen and then discovered she was biologically male were convicted Monday of her murder, but cleared of hate crime charges. Michael Magidson and Jose Merel, both 25, face mandatory sentences of 15 years-to-life in prison for second-degree murder in the killing of Gwen Araujo, who was beaten, tied up and strangled. The jury was deadlocked in the case of a third man, Jason Cazares, 25, marking the second time a mistrial was declared in his case. A prosecutor said the jurors’ last vote was 9 to 3 in favor of a murder conviction, but he did not know if it was on a charge of first-degree or second-degree murder.
Although many people outraged by the slaying had hoped all three men would be convicted of first-degree murder, the victim’s mother, Sylvia Guerrero, said she was satisfied with the two guilty verdicts. Defense attorneys had argued the killing was no more than manslaughter committed in the heat of passion, a claim that infuriated Araujo’s family and transgender advocates, who had been watching the case closely.
“Nothing is going to bring Gwen back. I know that,” Guerrero said. “But this is at least a step toward closure.”
Araujo, 17, was born a boy named Edward but grew up to believe her true identity was female. The defendants, who knew her as Lida, met Araujo in the summer of 2002. Magidson and Merel had sexual encounters with Araujo, experiences that fueled suspicions about Araujo’s gender. The issue boiled over in the early hours of Oct. 4, 2002, in a confrontation at Merel’s house in the San Francisco suburb of Newark.
Merel’s lawyer, William Du Bois, said he was shocked by the verdict, especially since prosecutor Chris Lamiero said he didn’t think Merel was a killer.
“I can’t imagine what evidence they used to come to this decision,” Du Bois said.
Magidson’s attorney said his client would appeal the verdict.
An autopsy found Araujo died of asphyxiation associated with head injuries.
Nabors testified that Merel smashed Araujo in the head with a can and also hit her with a pan. Merel acknowledged slapping Araujo and hitting her a glancing blow with the pan, but said he only menaced her with the can and did not seriously injure the teen. Du Bois said if Merel was guilty of anything it was felony assault.
Cazares said he was outside the house when the killing took place and only helped bury the body in a shallow grave in the Sierra Nevada foothills. Cazares’ attorney said he thought the jury didn’t believe Nabors’ testimony.
“We believe from the first instant that he wasn’t telling the truth and what he was doing was trying to save his own skin,” attorney Tony Serra said.
Cazares, who was free on bail, hugged his girlfriend and left the courthouse. Magidson’s sentencing is Jan. 6. Attorneys are to discuss setting a date for Merel on Oct. 28.
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