HAYWARD, Calif. — A mistrial was declared Tuesday in the case of three men charged with beating and killing a transgender teenager in 2002 after a jury told the court that it could not reach a verdict.
Gasps and muffled cries from the victim's family were heard when Alameda County Superior Court Judge Harry Sheppard announced that the panel of eight men and four women was "hopelessly deadlocked" on the first-degree murder counts against Jason Cazares, Michael Magidson and Jose Merel, all 24. The three were accused of beating and strangling Eddie Araujo, who went by Gwen, after learning that the 17-year-old they thought was female was biologically male.
The jury had the option of finding the men guilty of manslaughter or first- or second-degree murder. A hate-crime enhancement, which could have added four years to any of the defendant's sentences, was also available to the jury.
The case attracted national attention and was closely followed by transgender advocates, who said a manslaughter verdict or an acquittal would send the message that society does not value the lives of transgender people -- those who believe their gender identity is different than the one they were assigned at birth.
Those advocates hailed the jurors, who apparently rejected the defense argument that the slaying was a crime of passion and should be considered voluntary manslaughter. Merel and Magidson had sex with Araujo in the weeks before the crime.
The jury foreman told the judge that after nine days of deliberations, two panel members believed that Merel and Cazares were guilty of first-degree murder, with 10 dissenting, and that seven jurors had voted to convict Magidson on the first-degree count. Jurors left the courthouse without commenting to reporters.
Prosecutor Chris Lamiero said immediately that he would retry the three men and set a July 30 date to begin that process. Outside court, Lamiero said that he was "frustrated" by the outcome but that he believes another jury would be able to reach unanimous guilty verdicts.
Defense lawyers, however, criticized the jury's acknowledgment that they never got past the first-degree charge and blamed the "one or two jurors" who would not budge. The three defense attorneys remained upbeat about their clients' chances at a second trial.
"They only considered first degree. They never even got to manslaughter," said J. Tony Serra, Cazares' attorney. "I think they gave the judgment based on emotion.... This case will be retried and we will be vindicated."
