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Insane
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Two Convicted In Transgender Killing
From CNN
Quote:
HAYWARD, California (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 crimes.
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 bound, beaten and strangled.
The jury deadlocked in the case of a third man, Jason Cazares, 25, marking the second time a mistrial was declared in his case.
The victim's mother, Sylvia Guerrero, expressed satisfaction with the outcome.
"Nothing is going to bring Gwen back. I know that. But this is at least a step toward closure," she said.
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 her in the summer of 2002. Magidson and Merel had sexual encounters with her, experiences that fueled suspicions about Araujo's gender.
The issue boiled over in the early hours of October 4, 2002, in a confrontation at Merel's house in the San Francisco suburb of Newark.
In the first trial, the three defendants stuck together, with their lawyers attacking the chief prosecution witness, Jaron Nabors, who was also at the house the night Araujo died but was allowed to plead guilty to manslaughter.
But in the second trial, the defendants' united front cracked, with Merel implicating Magidson.
Nabors testified at both trials that Araujo was savagely attacked after her biological identity was revealed when her underwear was pulled aside. He said he didn't see the killing but saw Magidson pull a rope toward the teen's neck.
Magidson testified that he beat and tied up Araujo, adding that while he couldn't remember large parts of the night he was sure he had not strangled her. He said Nabors was the killer and his attorney asked for a manslaughter conviction.
But Merel, testifying for the first time, broke down and cried when prosecutor Chris Lamiero asked him directly if Magidson had admitted strangling Araujo. He testified that Magidson had told him "if push came to shove" Merel should identify Magidson as the killer.
Magidson's sentencing was set for January 6. Attorneys are to discuss setting a sentencing date for Merel on October 28.
Magidson's attorney, Michael Thorman, said his client would appeal the latest verdict.
An autopsy found that Araujo died of asphyxiation associated with head injuries.
Nabors testified that Merel smashed Araujo in the head with a can and hit her with a pan. Merel said he slapped Arroyo and hit her a glancing blow with the pan, but he denied seriously injuring her.
Merel's lawyer, William Du Bois, said he was shocked by the murder verdict, especially since Lamiero had said he didn't think Merel was the killer. If Merel was guilty of anything, Du Bois said, 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.
Copyright 2005 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
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All I have to say is, it's about time!
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~*~* He with a sharp tongue slits his own throat *~*~
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