Another Dose of Reality

[Jamie Ann]

Case of Slain Transgender Teen Goes to the Jury in California

     Hayward, CA (06/03/2004).—A jury began deliberating Thursday in the murder case against three young men charged with beating and strangling a teenager after discovering she was biologically male.

     Attorneys for two of the defendants argued that the killing of 17-year-old Eddie “Gwen” Araujo — who was born male, but passed as a woman — was manslaughter, not murder, because the men acted out of panic and shock over Araujo’s sexual deception.

     But prosecutor Chris Lamiero rejected that theory as he made his final argument to jurors. “The provocation did not flow from Eddie Araujo. The provocation flowed from within the defendants. They were the source of their own provocation,” Lamiero said. “Their pathetic, weak sense of self-identity led to the death of a human being.”

     Three 24-year-olds were charged in the case: Michael Magidson, Jose Merel, and Jason Cazares. A fourth man, 21-year-old Jaron Nabors, also was charged, but pleaded guilty to manslaughter and agreed to testify.

     The four met Araujo in the summer of 2002, and Merel and Magidson had sex with her. They became suspicious after comparing notes, leading to a deadly confrontation in October 2002 at Merel’s house in Newark, a San Francisco suburb.

     Another woman at the house confirmed Araujo’s identity by grabbing the teenager’s genitals. According to testimony, Araujo was then punched, slapped, choked, and beaten with a skillet, and a rope was dropped around the teenager’s neck.

     Magidson’s attorney, Michael Thorman, presented a crime-of-passion defense, saying that the discovery by a young, drunken man that he unwittingly had had sex with another man was enough to cause him to act irrationally.

Copyright © 2004 by the Associated Press.

     What can anyone say? Eddie “Gwen” Araujo’s conduct was reckless, to be sure, but it hardly deserved the death penalty. I hope the jury will do the right thing.

[Alexandra]

the rope dropped around the victim's neck is a clear intention to commit murder. I hope the jury ignores the manslaughter plea from the perps' attorneys.

thanks for the info and keep us posted!

[Carol Ann]

Sorry Jamie but I disagree. Beat a transgender up for personal satisfaction
but never beat them to death because you don't like thier lifestyle, NO Carol Ann

[Stef]

Sorry Jamie but I disagree. Beat a transgender up for personal satisfaction
but never beat them to death because you don't like thier lifestyle, NO Carol Ann

I'm abit confused by your response Carol Ann. Are you saying it's OK to beat up a transgrenedered for personal satisfaction? I truly hope I misinterpreted what you wrote.

Hugs,
Stef

[Beauty]

Hi,

Jamie Ann are you saying they shouldn't get death because of the killing?

Carol Ann? Why the smiling hugs? ?

Help me understand.. please.

Beauty

[Jennifer]

This has touched us all because it involved one of our own. To me the real issue here is the death penalty. Only a hand full of countries still use this as justice and to me it is just as barbaric now as it was in the dark ages. This eye for an eye system is often so emotionally charged that there are innocent people on death row. How many have been executed?

Jenn

[Lizzy B]

I believe the point Jamie Ann is making is that although the victim's conduct may have been reckless, HE (the victim) did not deserve the "death penalty" summarily invoked by the defendants. That is the dealth penalty I believe Jamie Ann makes reference to.

[Jamie Ann]

     As I understand this situation, a 17-year-old TG named Gwen Araujo met two 24-year-old men, Jose Merel and Michael Magidson, during the summer of 2002. Evidently, there was intimate contact, although not of a kind that would make it clear that Gwen was a TG rather than a GG. In talking among themselves later, the men wondered if Gwen might possibly be a genetic male. At least two full months later, in October, 2002, the two men, together with two other men and a woman, lured Gwen to a private home where they “ ... punched, slapped, choked, [beat] with a skillet, and [put] a rope ... around the teenager’s neck.”

     At the trial, the defendants claimed that they’d had a “panic attack” when they realized that Gwen was genetically male, and that their “panic attack” was the cause of their actions. In my opinion, those men committed first-degree murder. They lured Gwen to a home fully two months after the original incidents, and they arranged to have friends there to help them in a physical attack on Gwen. This was not a spur-of-the-moment reaction, panicky or otherwise. It was a premeditated killing. It was planned in advance and carried out deliberately. I hope the jury convicts Jose Merel and Michael Magidson of first-degree murder and gives them the most severe penalty the law allows (life in prison or whatever).

[Carol Ann]

Stef,
NO NO NO I put my opinion in the wrong text. Gee how do I say this? it's wrong what happened. I disagree with Jamie, I believe the death sentance
should be enforced. No I don't mean it's OK to beat up a transgentered person, These people beat Gwen because she was transgendered and for no other reason. Now these boys knew what they were doing, it's wrong.
Sorry if I put what I mean in the wrong text didn't mean to step on toes. Been around to long to do that, Carol Ann

[Stef]

Hi Carol Ann,

Thanks for clarifying that. I knew I had to misinterpreting what you wrote!

Hugs,
Stef

[Virginia]

I have seen responses to this sad situation at other sites as well and it is sad. One response laid part of the problem at Gwen's feet. (She) should have been honest with these guys at first. Was what they did as retribution acceptable - NO WAY! Should they get the ultimate penalty? Don't know what the law is were the trial is held - death or life without parole? For me, the bottom line is, they premediatedly slew another human being for whatever reason they wish to propose. Gwen is dead at their hands - so I say max them out!
Deborah

[Loretta Ann]

I have seen posts that encourage the positive approach of getting through life, And have written some of them myself. How ever if one is going to go after their dreams they need to balance it with a bit of reality.

If indeed Gwen was intentionally deceptive about who she/he was with these characters, then there had to be a personal injury done to them. And I do not have a problem understanding that "some" people would respond as these ones did.

It does not make it right, but there are also risks involved to the dreams we pursue, and I would think the Jury and/or the Judge would consider this.

As for the death penalty........I don't know? Gwen is feeling no pain, while the same can not said for these characters for a long time to come. Are we sure that is what we would like to see happen?

It is usually those who are left behind that suffer. What about the pain that we feel for having lost one of our own? What are we all going to do about that? Will the death penalty take care of that? If they end up like Gwen feeling no more pain how will that help us? We will only have to go through the same thing the next time it happens.

I have discovered that forgiving is the act of setting the other person free only to later discover that we were the prisoner.

[Jennifer]

Let's not forget that there are those out there that think all of us should be incarcerated as perverts, a danger to society and morally corrupt. Remember the KKK? How can we sit here and beg for societys understanding and acceptance while being quick to decide someones elses fate? I agree these people should face a harsh penalty, but not the ultimate one.

Jenn

[Jamie Ann]

I believe the point Jamie Ann is making is that although the victim's conduct may have been reckless, HE (the victim) did not deserve the "death penalty" summarily carried out by the defendants. That is the dealth penalty I believe Jamie Ann makes reference to.

     Yes, thanks, Lizzy B! What I intended to convey in my short statement (in my initial post on this subject) is that some of us might criticize Gwen Araujo for poor judgment, but poor judgment should not be punishable by death. Jose Merel, Michael Magidson, and their associates took the law into their own hands and gave the “death penalty” to Gwen Araujo (the 17-year-old TG). As others have added, some people are offended by the very existence of TG’s and related categories of human beings — it is a dangerous and uncivilized state of affairs if people who are angry are permitted to take the law into their own hands and execute the person who made them angry.

[Carol Ann]

To everone, I think we all have had our say and I think it is time to let go for Gwens sack. No matter what happens in the trial it is over. Let us forgive and forget.. The out come is in GODS hands now, Rest in peace my sister. Carol Ann