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Jury Selection Begins; Gag Order Issued At Araujo Trial

Posted: 4:12 pm PDT May 8, 2005Updated: 1:04 pm PDT May 9, 2005

Jury selection in the retrial of three men accused of killing a transgender teenager opened Monday with about half of 100 prospective jurors excused on grounds it would be a hardship for them to serve in the case, expected to last until summer.

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Meanwhile, Alameda County Superior Court Judge Harry Sheppard issued a gag order forbidding attorneys from discussing the case outside the courtroom.

On trial are Michael Magidson, 24, Jose Merel, 25, and Jason Cazares, 25. They are charged with first-degree murder in the death of 17-year-old Gwen Araujo, who was born Edward, but came to believe her true identity was as a woman. After she died, her mother had Araujo's name legally changed.

Last year, a jury deadlocked after the defense argued for manslaughter, a crime committed in the heat of passion sparked by sexual fraud. That strategy angered Araujo's family and transgender activists who called it blaming the victim.

Key testimony in the case came from Jaron Nabors, who pleaded guilty to manslaughter in a deal with prosecutors. Nabors testified Araujo was beaten and strangled after her biological identity was revealed during a confrontation in October 2002 at Merel's house in Newark, a San Francisco suburb.

According to trial testimony, both Merel and Magidson previously had sex with Araujo -- encounters that prompted suspicions she was not biologically female and led to the showdown.

Cazares claimed to have been outside when the killing took place and only helped bury the body. Magidson's attorney, Michael Thorman, said his client acknowledged he was part of the attack and was sorry for it.

However, Thorman argued the case was not murder but manslaughter. Merel's attorney said jurors only had Nabors' account of the story that indicated Merel was involved. He also argued that, in any case, the killing was manslaughter.

First-degree murder is punishable by 25 years-to-life, second-degree by 15-to-life and manslaughter by up to 11 years in prison. The case was charged as a hate crime, a move that could add an extra four years to any sentence.

On Monday, a number of potential jurors said they would lose money if they had to serve.

One juror told the judge he would have trouble serving because as a young man 20 years ago he had met someone he thought was a woman who was biologically male and was "very, very angry" when he found out.

The judge did not excuse that juror because it did not involve financial hardship. Jurors not excused were told to fill out questionnaires designed to give lawyers an idea of who could objective. Lawyers say it could take about a month to seat a jury.

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