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.
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 but had 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.
In the second trial, however, 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 during a
confrontation in which her underwear was pulled
aside.
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. But Merel 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.
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
also hit her with a pan. Merel said he slapped Araujo and
hit her a glancing blow with the pan, but he denied
seriously injuring her.
Cazares said he
was outside the house when the killing took place and
helped only to bury the body in a shallow grave in the
Sierra Nevada foothills. (AP)