Post by CCADP on Aug 18, 2005 18:31:19 GMT -5
Defendant accuses his friend in slaying of transgender teen ---- He says
he falsely confessed to save others' families
A man accused of killing a Newark transgender teen after learning she was
biologically male denied Tuesday that he strangled Gwen Araujo, despite
his earlier confession to police -- and pointed the finger at the
prosecution's key witness.
Michael Magidson, 25, of Fremont, testified in his retrial that Jaron
Nabors, 1 of 4 men arrested in the killing of the 17-year-old Araujo in
October 2002, admitted to him that he had killed Araujo after a struggle
at a party.
He testified that after he, Nabors and Jose Merel struck Araujo with
fists, a frying pan and a 5-pound weight, Magidson went to clean up and
left Nabors with the bleeding Araujo. He said he thought the group was
going to drop her off on the street -- alive -- after she regained
consciousness.
When he returned, Magidson said, he asked Nabors how she was.
"He said, 'She's dead. I killed her,' " Magidson said.
Magidson -- who had confessed to police on videotape that he had strangled
Araujo -- said he had told his friends he would tell the police he
committed the crime alone to protect their families.
"I didn't want their children to be raised without their fathers," said
Magidson. Nabors has a son, and Merel a daughter. Magidson has no
children.
"I guess I was ignorant that my friends would take me up on that offer to
save their own ass," he said. "I never imagined it coming to what it is."
Nabors pleaded guilty to manslaughter in exchange for his testimony
against Magidson, Merel and a third man, Jason Cazares. Nabors testified
earlier in the retrial that Magidson had strangled Araujo before the men
drove to a remote part of the Eldorado National Forest and buried her body
in a shallow grave.
Magidson did not testify at the first trial, which ended in June 2004 with
the jury deadlocked on charges against him and the 2 others.
During that trial, defense attorneys for the 3 men worked together to
attack Nabors' credibility, while arguing the crime was at worst a crime
of passion that should have been charged as manslaughter.
But during the retrial, each defendant has taken the stand in his own
defense, in some cases bolstering the prosecution's case. Earlier this
month, Merel reluctantly told jurors that Araujo had died at Magidson's
hands.
Dressed in a dark suit and with his parents watching in the Hayward
courtroom, Magidson described the chaos in the home as he and his friends
revealed the biological gender of Araujo, who called herself Lida to the
men.
"I pinned Lida down," said Magidson, who previously had oral sex with her.
"I was on top. Lida was on her back. Somehow I used at least one arm,
maybe my whole body, to pull her legs up."
One of the other men pulled her underwear aside, revealing her male
genitalia, he said.
"I was shocked," he said. "I think my mind went blank at that point."
Magidson said he remembered grabbing Araujo by the throat and pinning her
against a wall.
"I was yelling back at Lida, asking 'Do you think this is a game? Why
would you do something like this?' " he said. Later, Magidson said, he
gagged her and tied her hands and feet.
When asked why the attack occurred, Magidson said he felt disgusted that
he had had oral sex with a man.
"Lida had hurt me, and I wanted to hurt her back," he said. "I'm
disappointed in myself, but I don't think I had any control over myself
that night."
(source: San Francisco Chronicle
he falsely confessed to save others' families
A man accused of killing a Newark transgender teen after learning she was
biologically male denied Tuesday that he strangled Gwen Araujo, despite
his earlier confession to police -- and pointed the finger at the
prosecution's key witness.
Michael Magidson, 25, of Fremont, testified in his retrial that Jaron
Nabors, 1 of 4 men arrested in the killing of the 17-year-old Araujo in
October 2002, admitted to him that he had killed Araujo after a struggle
at a party.
He testified that after he, Nabors and Jose Merel struck Araujo with
fists, a frying pan and a 5-pound weight, Magidson went to clean up and
left Nabors with the bleeding Araujo. He said he thought the group was
going to drop her off on the street -- alive -- after she regained
consciousness.
When he returned, Magidson said, he asked Nabors how she was.
"He said, 'She's dead. I killed her,' " Magidson said.
Magidson -- who had confessed to police on videotape that he had strangled
Araujo -- said he had told his friends he would tell the police he
committed the crime alone to protect their families.
"I didn't want their children to be raised without their fathers," said
Magidson. Nabors has a son, and Merel a daughter. Magidson has no
children.
"I guess I was ignorant that my friends would take me up on that offer to
save their own ass," he said. "I never imagined it coming to what it is."
Nabors pleaded guilty to manslaughter in exchange for his testimony
against Magidson, Merel and a third man, Jason Cazares. Nabors testified
earlier in the retrial that Magidson had strangled Araujo before the men
drove to a remote part of the Eldorado National Forest and buried her body
in a shallow grave.
Magidson did not testify at the first trial, which ended in June 2004 with
the jury deadlocked on charges against him and the 2 others.
During that trial, defense attorneys for the 3 men worked together to
attack Nabors' credibility, while arguing the crime was at worst a crime
of passion that should have been charged as manslaughter.
But during the retrial, each defendant has taken the stand in his own
defense, in some cases bolstering the prosecution's case. Earlier this
month, Merel reluctantly told jurors that Araujo had died at Magidson's
hands.
Dressed in a dark suit and with his parents watching in the Hayward
courtroom, Magidson described the chaos in the home as he and his friends
revealed the biological gender of Araujo, who called herself Lida to the
men.
"I pinned Lida down," said Magidson, who previously had oral sex with her.
"I was on top. Lida was on her back. Somehow I used at least one arm,
maybe my whole body, to pull her legs up."
One of the other men pulled her underwear aside, revealing her male
genitalia, he said.
"I was shocked," he said. "I think my mind went blank at that point."
Magidson said he remembered grabbing Araujo by the throat and pinning her
against a wall.
"I was yelling back at Lida, asking 'Do you think this is a game? Why
would you do something like this?' " he said. Later, Magidson said, he
gagged her and tied her hands and feet.
When asked why the attack occurred, Magidson said he felt disgusted that
he had had oral sex with a man.
"Lida had hurt me, and I wanted to hurt her back," he said. "I'm
disappointed in myself, but I don't think I had any control over myself
that night."
(source: San Francisco Chronicle