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Jurors Reach Verdicts On Two Araujo Defendants

POSTED: 3:48 pm PDT September 8, 2005
UPDATED: 4:06 pm PDT September 8, 2005

The jury in the murder of transgender teen Gwen Araujo sent word Thursday to the judge that they had reached verdicts on two of the three defendants in the case.

However, Judge Harry Sheppard ordered the verdicts sealed until attorneys could discuss the fate of the third defendant. The jury of eight-men aand four-women has been deliberating in the case since Aug. 30.

Araujo, 17, was beaten, tied up and strangled after her friends discovered the pretty teenager two of them had previously had sex with was biologically male, prosecutors allege.

Three men -- Michael Magidson, Jose Merel and Jason Cazares, all 25 -- face first-degree murder charges in the case, which was charged as a hate crime, adding a potential four years.

The three went on trial last year, but the jury deadlocked, leading to a mistrial.

Araujo 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 late summer 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.

The three defendants have taken diverse strategies in the case.

Cazares sought acquittal, saying he was outside smoking a cigarette when the killing took place.

Magidson, who said he had gaps in his memory from that night, acknowledged hitting and tying up Araujo but said he did not strangle her. His attorney asked for a manslaughter verdict, saying the killing was not murder but a crime of passion provoked by deception. That defense angered Araujo's family and many in the transgender community, who have been watching the trial closely.

Merel said he vomited and wept when he discovered Araujo's biological identity, slapping her and hitting her a glancing blow with a pan. But his attorney said that was the extent of Merel's involvement, saying he was not guilty of anything more than felony assault, if that.

Prosecutor Chris Lamiero identified Magidson as the killer and said Cazares acted as his assistant. He asked jurors to find both guilty of first-degree murder, or at least second-degree murder.

First-degree murder carries a sentence of 25 years-to-life in prison and a second-degree conviction brings 15 years-to-life in prison, but parole is rare in either case. Lamiero made no recommendation on a verdict for Merel.

Witnesses have given sketchy and sometimes conflicting accounts of what happened the night Araujo died.

Prosecution witness Jaron Nabors, who initially was charged with murder but was allowed to plead to manslaughter in exchange for testifying, said Araujo was choked, punched, and smashed in the head with a can and a pan. He said he did not see the killing but saw Magidson tie Araujo up and then start to pull a rope toward her neck.

All three defense attorneys attacked the credibility of Nabors, accusing him of lying to cover up his own guilt.

Magidson identified Nabors as the strangler.

But in his final remarks, Lamiero defended Nabors, pointing out that if Nabors hadn't led police to the body buried in the Sierra foothills, the family might still be wondering what happened.

Lamiero derided the notion that Araujo provoked her attackers and urged jurors to bring an end to the case.

"Don't let these two murderers further stomp on this kid that they killed," he said. "Don't let them have a final victory by persuading you that somehow they're entitled to a break."

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