Tuesday, September 13, 2005

2 Verdicts, 1 Mistrial

Septemeber 12, 2005:

Michael Magidson and Jose Merel were found guilty of 2nd Degree Murder, which carries a sentence of 15 years to life . Jason Cazares' case ended in a mistrial.

Magidson will be sentenced January 6, 2006 at 9 AM.

There will be a date to set a date for Merel's sentencing October 28, 2005 (perhaps due to his attorney's schedule conflicts.)

Cazares' (possible but unlikely) retrial is set for November 18 2005 9:55 AM in Dept. 513. Although it is too early to say, a plea bargain will probably be offered, as 3rd-time retrials are rare.

"2 juries, 2 verdicts--and (both times) total repudiation of the "trans-panic" defense."
--Chris Daly, TG Law Center

True enough, I guess, and I try to take heart in that, although justice was not wholly served. We all felt it.

But we heard Mr. Lamiero when he said--"Don't overlook the fact that this jury--(and the first jury)--rejected that defense," that because Gwen was transgender, that somehow explained or justified these men's crimes.

Although the jury voted 9 to 3 in favor of convicting Jason Cazares of murder, the 3 hold-outs felt there was not enough evidence to convict. "That is not to say they thought Cazares was innocent," Mr. Lamiero told family and supporters in the DA's meeting room.

And why no Hate Crime enhancement? Why did the jury not call this what it was--a horrendous Hate Crime? During the deliberations, the jury inquired, if they could not unanimously agree on the Hate Crime enhancement, "would that affect the verdict(s) overall?" The answer was no. This meant that some jurors understood and wanted the hate crime enhancement to accompany the verdicts, while others did not. Attorney Gloria Allred made several statements to the press that the idea, the definition of "Hate Crime" is new to juries, and that as people get a real understanding of what hate crimes are, this situation will change.

So we, as educators, have our work cut out for us.

As for the "15 years to life"---in California, people convicted of murder, rarely--if ever--get parole. Even though the symbolic verdict of First Degree Murder with a Hate Crime enhancement was not reached, Merel and Magidson will more than likely spend the rest of their lives in prison.

Regarding parole, Lamiero recounted a story about the DAs who prosecuted the Chowchilla kidnappers several years ago, who said: "You have to outlive the notoriety of your crime," in order to receive parole. In other words--when these men go up for parole after 15 years, if there are family and community members there to oppose it, they will stay in prison. That is how it is in California.

Most of us felt that Cazares, not Merel, should have received the harsher verdict. During this trial, the Merel family cooperated with the DA's office investigations. Jose Merel had taken the stand; many of us believed him when he stated that he cared about Gwen, and that it is likely that he was covering for his 2 big friends, Magidson and Cazares. But Merel had an opportunity to tell all he knew, and most of us felt that he did not. He continued to protect Magidson and Cazares, and now he will pay for it for the rest of his life.

When I arrived at the court house yesterday--Monday morning--it was pretty quiet. Gwen Smith, Zak Symanski, and Gloria Allred were there. The Cazares family was there, but otherwise, the hallway was mostly occupied with other court folks conducting their business, which was ordinairy yet strange. Shortly before noon, the clerk called folks into the court room, and the jury came in. Although we knew 2 verdicts were sealed, the jury was polled. They finally told the judge it was unlikely that they could reach a vercict on the 3rd. No one knew who the jury was deadlocked on, but we thought maybe it was Merel, or we hoped that was the case. The attorneys met in hushed voices, and it was agreed they would reconvene at 2:30 PM, and at that time, the verdicts would be read. The jurors had ordered lunch, and it was their intention to continue to deliberate.

It was after 3 PM when we came into court. It was a mobscene--media, of course, and so many people who work for the court. Family members from all concerned were there, it was warm and pretty claustrophobic. It was uncertain if there would be seats for everyone. Emotions were extremely high, the wait seemed very long. And then the verdicts were read.

In a murder trial, there are no winners. No one was happy or victorious. It just doesn't work or feel that way. You just sit there, wishing that this horrible thing hadn't happened period, in the first place, at all.

After the verdicts were read, we went up to a meeting room, and waited to hear from Mr. Lamiero. He arrived, and Sylvia thanked him for his dedication and hard work. A lot of questions were asked, and he did his best to answer them. After 40 minutes or so, folks went out to answer questions from the media.

The Alameda County DA's office gave unprecendented commitment, compassion, and resources to this case. The outcome might have been very different, had it not been for the efforts of Inspector Kathy Boyavich and ADA Chris Lamiero. They admittedly learned a lot from our community, and brought that knowledge forth. They valued Gwen Araujo's life, and made sure that the jury understood that.

Later that night, a vigil was held at the LGBT Center on Market Street in San Francisco at 6PM. Many folks--among them Cecilia Chung, Assembleyman Mark Leno, Shawna Virago, Julie Dorf, Gloria Allred, Gwen Smith, David Guerrero--were on hand to speak out and give their support. It was very moving.

It cannot be emphasized enough that Gwen Araujo was a 17 year old; she had her whole life ahead of her. Day after day in this courtwatch, I had to ask myself (because when I started my job at CUAV doing LGBT education, Gwen was 11 years old, and the men who murdered her were in high school)--what could we as a community have done--(what could I personally have done)--to prevent this from happening?

How could we have created a safer community Gwen?

The answer is education, but what does that mean?

Maybe for me, it means revitalizing our Speakers Bureau, expanding our relationships with other folks doing this work: working with transgender folks who want to educate youth, supporting Sylvia Guerrero and other trans-allied folks who also want to get involved, and expand these resources for schools and community groups. We have to speak out, we can't lose heart.

We have to stay involved.

91 Comments:

Anonymous Anonymous said...

This comment has been removed by a blog administrator.

2:51 PM  
Anonymous Anonymous said...

This comment has been removed by a blog administrator.

2:52 PM  
Anonymous Wendy said...

I would like to thank you for keeping the community and myself informed of this trial.

9:05 PM  
Blogger Karen said...

I was fortunate to actually get into the courtroom to hear the verdicts read. In fact, I just walked in behind the last group of press folks that the court invited in. Many folks did not get into the courtroom.

It was intense in the hallway outside the court and just as intense in the courtroom. I remember seeing the stone faced look of resolve on the juror's faces, as they retired to the deliberation room after being given the jury instructions. So I was very interested in observing the demeanor of the jurors as they returned to the courtroom to report their verdicts. There was a lot of stress on these juror's faces. That stone faced look of resolve was still there also. I knew that this jury had convicted two of the defendants at this moment. This jury was not giving any hint of kind thoughts to any of the defendants.

I believe this jury did it's best to find justice. I don't believe they got it right, but I do respect their decisions. I know they worked diligently to find a just resolution to this case.

This is a real tragedy. It should never have happened. But it did. And Gwen is not coming back. I have no pity for Michael Magidson or Jose Merel. Neither one of them gave a damn about Gwen on that fateful night. Magidson was the motive force behind this murder, so he got off light -- the evidence was overwhelming that he committed 1st degree murder. He now has a lifetime to reflect on his actions.

As for Jose Merel, he had an opportunity to testify to the whole truth. But he didn't. And one can only conclude he didn't because to do so would only ensure his and his friends conviction of murder. So, he played a game to minimize his culpability while attempting to not get Magidson too upset -- because Magidson was going to testify last. It doesn't matter that Jose Merel was probably sheepishly following the lead of Magidson on that fateful night. His actions spoke loud and clear to the jury. It is sad. It is a tragedy. But it is just.

I believe Jason Cazares is as guilty as Michael Magidson. I believe Jason Cazares aided and abetted Magidson in committing the murder. If there is no third trial for Jason Cazares, then I believe he will have gotten away with murder. Some people do get away with murder in our society. It happens. In any event, Jason Cazares is going to carry the burden of that fateful night with him for the rest of his life. He cannot escape that reality.

My heart goes out to Silvia and Gwen's entire extended family and close friends. These are good people. They've been through hell. And they have weathered this long road to justice with dignity and exemplary character. It's been my honor to get to know them just a little bit. I wish each and every one of them strength and peace as they go forward in their lives. Gwen was blessed to have been a part their family and to have had such wonderful friends.

Finally, I believe more needs to be done to educate the community about the incredibly difficult circumstances that young transgendered kids face, first as young children, and then as teenagers. Gwen Araujo was a beautiful human being who had the force of character and courage to live her life naturally. I very much admire who she was. she could have gone on to live a worthy life, doing much good in this world. But Gwen is not coming back. I hope this tragedy can somehow be the catalyst to bring change to the communities we live in, so that other transgendered children have a chance to grow up in communities that are more friendly, humane, and understanding to them. There are other kids like Gwen, growing up amongst us right now. They need the community's help. I believe the more people know about the life and death of Gwen Araujo, the more we, as a society, will be evolving towards a more humane world for transgendered kids. Think about it. Help keep Gwen's memory alive.

9:24 PM  
Anonymous Anonymous said...

I think there was one person MISSING from this entire case. The GIRLFRIEND!

She's the one that made a HUGE issue and basically humiliated these guys into harming Gwen.

I think she is JUST as guilty.

Does anyone else have any thoughts on this?

9:37 AM  
Blogger Justice is Blind said...

I think Nicole Brown is far more guilty that Jason is.

12:51 PM  
Anonymous Anonymous said...

You say that you want to educate the community on Transgenders but what about educating transgenders to not lie about who they are so that guys don’t freak out when they find out.

4:53 PM  
Blogger Karen said...

Well, first, we need to educate you. This jury flat out rejected the trans-panic defense and the heat of passion argument. Read it in the SF Chronicle today, as a juror has spoken out. So, you are the freak, if you think these men had any justification for violence.

Furthermore, these four men were living the sexually aborant lifestyles. They had girlfriends, but cheated on them by picking up "party girls" for easy sex. A decent man would take the time to get to know the person he intended to sleep with quite well, prior to initiating sexual encounters. Then, such a decent man would actually take his clothes off and sleep with the woman -- after she took her clothes off. None of this ever happened, because these 4 excuses for a man just wanted to get young girls high on drugs and alcohol, for the express purpose of quick and easy sex.

Gwen was a 17 year old transsexual, who had the sexual maturity of a 15 year old girl. All she wanted was friendship. These 4 thugs gave her the illusion of friendship, just so they could get her high on drugs and alcohol, and then they would extract easy sex out of her. Magidson testified to these facts.

Now you want to defend that? Go right ahead, and hide who you are with an anonymous post, because everyone will understand you are the one who needs educated.

7:26 PM  
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8:55 PM  
Blogger Justice is Blind said...

I think it's clear that Gwen was too young to know the danger she was in. Like many young people with non-traditional sexual identities, she was experiencing overwhelming hormonal sexual drives...with no available outlet. I don't think it's fair to fault Gwen in any way for what she did. She was first of all a child. Secondly, she was unique...in an environment (and town) that wasn't always accepting of that. Maybe things will be better now for others in her position.

However, I do think that kids who have non-traditional sexual identities should be counseled about the dangers they face. I think anything that would prevent a situation like this from happening again is helpful. I think we should be proactive and reactive...so long as our reactions are not "knee-jerk" reactions.

1:14 PM  
Blogger str8Killa said...

first let me say I enjoyed your blog, But... this whole thing about enhanced murder (hatecrimes) is Not cool because it doesnt matter why someone was MURDERED! It could be for money or drugs or greed or even HATE, it shouldnt make any differernce. Is this murder more important than any other Murder, No(no disrespect intended). Also, Leave jason cazares alone & let the system decide what to do with him. If he's guilty, GOD will punish him. It's Not for us to decide his punishment.

12:26 AM  
Blogger Karen said...

Crimes motivated by hate are different. They are different, because the crime has the added dimension of terrorizing a specific group of people living in the community. In other words, hate crimes against a member of some specific group of folks in the community has an effect on the specific victim, other members of that group of folks, and also other members in the community who share the hate towards the specific group of folks. The hate crime laws are very good laws that are needed.

The 2 trials where Jason Cazares was tried for the murder of Gwen Araujo are a public record. Anyone has the right to acquire them, read them, post them to the Internet, and to comment on them in public. In particular, this latest jury hung on a murder conviction of Jason Cazares with 9 votes for conviction of 2nd degree murder and 3 votes against. Jason Cazares has not been acquitted of the murder of Gwen Araujo. Jason Cazares has no right to expect folks in the community to forget these facts or to not publicly comment on them.

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I was surprised to hear Gloria Allred was involved in this case. We all know her for other reasons, Amber Frey and her involvement in the Michael Jackson case. Goes to show that the bigger the names attached to the case and not the magnitude of a case, the more the media is inclined to cover it. I don't think this case was brought into the court of public opinion enough to help promote change and awareness of transsexual civil rights but I applaud Gloria for taking on the case no matter how unpopular it was to do so. I recently came across an interview about her on SavvyMiss.com that, along with the information about this case, has completely changed my perception of her: http://www.savvymiss.com/bonus/ambitious-women/article/gloria-allred.html.

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Anonymous Anonymous said...

7.31
9a
With their "tax and spend" rhetoric the gods have effectively used the Republicans to transfer responsibility for the $14 trillion national debt to the Democrats.
Ronald Reagan spent the communist block into submission with defense buildup, and in the process increased the debt from $1 trillion in 1980 to $6 trillion when he left office.
W charged both the Iraq and Afghanistan wars to the national debt, honest numbers to come.
Recall Clinton ran a surpuls at the end of his Administration. Fueled by low petrolium prices, understand how the god's other tools were used to create this "revelry cycle", one which assures people have little motivation to pursue the path and repair their relationship with the gods, for contentment never motivated anyone.
As the gods used W to initiate the recession with deliberate legislation changes, ones which allowed the sub-prime fiasco and corporate irresponsibility which led to the multi-trillion dollar stimulous package, expect this wasn't the first Republican-led attempt or the beginning of the god's "reverse positioning" strategy designed to create an enviornment to motivate people. Much like the immigration issue, where the intent of the vocal masses contradicts the god's true intent of clue warning against coming to the US, many (most) conservatives and those capitalizing had alterior motivives to these eras of "deficit spending":::::
With legislation facilitating temptation to those who are in position the gods have created a trap, much like the tax code and other examples throughout the economy, which will be addressed in these individual's future lives, and fulfills the goals of motivation the gods have laid out for the peasantry:::The gods prey on the wealthy with temptation too.
These are FINE examples of steps the gods took to ensure a sufficiently deceptive environment as the masses began to understand the god's sytem and methodology. For those who would listen I was used to assist people to rapidly increase their understanding of this system. Unfortunate for me, the gods can claim they never intended this, despite being control freaks who guide everything specifically and have the power to force it with AI, and now they are free to fuck my brains out subsequently. Lucky me.

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