Friday, August 19, 2005

Court Resumes Monday August 22nd (C. Champagne)

The case is nearly over.

Chris Lamiero concluded his cross-examination of Michael Magidson Thursday afternoon. Lamiero pointed out many inconsistancies. Magidson admits he went in to the bathroom that night, in an effort to determine--for his friend Jose-- Gwen/Lida's gender, although he claimed, he was "100 % sure Lida was a woman." He admitted she offered him oral sex, which he accepted, received, and enjoyed. Yet, after he was finished, it still wasn't enough.
Lamiero: "Well, why didn't you just walk down the hallway and say to Jose, it's cool--she's a woman?"
Magidosn: "Well, I wasn't gonna lie to my friend."

If there was any issue at this point, why did he accept the blow job? It just doesn't make any sense.

Lamiero persisted. He asked Magidson if he thought it might have been a desperate attempt to persuade him to let her go. "Do you think just maybe she might have been scared?" he asked. Magidson evaded the question, as he did most questions he was asked.

Magidson admitted he assaulted Lida, threw her to the ground, to pull her panties aside, "to make sure," yet stated that all the while he was sure she was "100 % woman." But according to him, he doesn't hit women, or assault women--he's a "good guy."

Lamiero boomed, "What gave you that right?"

Nothing gave him that right.

After the repeated assaults, when Magidson stated he heard someone say "Knock her out, " or Knock the bitch out," (as folks have testified), he did just that. Gwen/Lida lay face-down, according to his testimony, in front of the Merel's couch. But then, she's bleeding on the floor, so they move her to the couch. More bleeding. Now what? Ultimately, she ended up in the garage, with a gag in her mouth, bound with rope, bleeding and unconcsious.

Magidson admitted he was concerned that Lida might wake up, might make noise, attract attention from the neighbors or the police. Steps had to be taken. Magidson rambled," Maybe if she woke up, I don't know, we'd take her somewhere."

Lamiero: "If Lida woke up, do you think she'd want to go anywhere with you?"

No, they weren't going to let her get away, or and even if she were conscious, they weren't going to drive her home.

Very little of Magidson's testimony seemed truthful to me. I think the most bizarre statement Magidson made in court (and there were many) was that although he has admitted he strangled Gwen, he said that in his "heart of hearts," he knows he didn't kill her. And then he stated:

"Due to the gaps and memory lapses I guess there's a mere, slight chance I did do it."

Mere, slight chance that he did do it?

If this is some kind a strategy Thorman has concocted for him to confuse the jury, I really don't think it's effective.

Lamiero concluded by asking Magidson if he might be a little concerned that there is a law which states that if someone is killed during the commission of a serious crime like kidnapping, that's first degree murder. I am told that the jury will be given instructions to that effect.

Magidson restrained her, knocked her out, bound and gagged her ("to make her shut the fuck up" he testified repeatedly), tied her wrists and ankles and body with more than 35 feet of rope, and stated that it was his idea to take her in this unconscious, bloodied state, "somewhere"--not home or anywhere she might have wanted--needed to go--like maybe, to the hospital. Jose Merel testified earlier that Magidson said they needed to take her "further."

And when someone ties you up and forces you to go somewhere you don't want to go, isn't that kidnapping?

Serra had no questions for Magidson, apparently. Merel's attorney Bill Dubois will begin his cross-examination Monday at 9 AM. It should take most, if not all day. Presuming Thorman has no more witnesses for Magidson, they should go to closing arguements sometime this week, after which, it will go to the jury.

56 Comments:

Blogger Jolie said...

I have worked in the legal system for twenty two years. I have heard a lot of testimony in a lot of cases. I imagine that this may have been a very hard and very long day for the reporter of this piece to have had to sit there. The enormity of the horror perpetrated by these filthy scumbags appears to hang there, silent at the end of each of their twisted lying comments. I can sense it in the reporting. I cannot thank you and your group enough for keeping us posted on this vital trial process. My love and my courage go out to you all for agreeing to be sullied by witnessing this trial testimony. Thank you on behalf of my family of trans women and especially on behalf of God's favorite angel - Gwen.

1:57 PM  
Anonymous Anonymous said...

I have been following this case for awhile, and thought it would be good for you to hear that I really appreciate the updates - despite the dispicability of it all. Thank you a million times over. Thank you for not letting the world forget another fallen angel.

3:08 PM  
Blogger Karen said...

Thank you for your efforts to document the trial Connie. Your efforts are very worthy. I applaud you.

I was at trial all day Thursday, for the completion of Assistant DA Chris Lamiero's cross examination of Michael Magidson.

I am really impressed with Mr Lamiero. He has earned my respect, as he works relentlessly to find justice for Gwen.

As for the day's testimony, it was a tough day. When they brought out the pictures of Gwen -- I was horrified. It is a stark moment with the brutal reality of that night visually right in front of you. But Mike Magidson seemed completely emotionless about it. His only discernable reaction was that he seemed to realize the jury was looking at those photos. For Gwen, Magidson showed no remorse what so ever. This is consistent with his entire time on the witness stand. This man has no remorse for the death of Gwen. None. Zero.

Chris Lamiero directed Magidson to look at the photos of Gwen's bound hands and feet.
Chris Lamiero repeatedly asked Magidson to explain how Gwen was going to walk out of the Meril home with her mouth gagged and her hands and feet tightly bound. Magidson repeatedly said, "he hadn't thought that through." But he said he intended to let her go. Now, Jose Meril has testified that while Magidson was tying Gwen's feet, he asked Magidson if they could just take her back to the corner they found her at and drop her off. Jose testified that Magidson's response was, "We are going to have to take her further out." I believe this is the basis for the Felony Murder rule jury instruction now in play. This statement shows intent to transport Gwen off the property -- which would be kidnapping.

So, it becomes very important to establish that Gwen was not free to leave the home. In fact, it was established that she was attempting to leave the home at the moment the assault began -- meaning she was no longer free to leave. Then, by gagging her mouth and binding her hands and feet, it was established she was held captive. They took her into the garage -- and the intent was to load her into the truck and drive away -- which is then kidnapping.

Magidson's testimony about Nabors actually being the one to strangle Gwen was not credible to me. Magidson said he went to the garage to check Gwen's pulse after being "told by Nabors" that Nabors strangled Gwen. Magidson said he found a short rope around Gwen's neck.

Mr. Lamiero's focused questioning was very effective in showing how this was not credible. The coronor reported Gwen was strangled with the end of a 37 foot rope that was wrapped around her body. Magidson said it was a short rope he found around her neck. Magidson admit's wrapping the long rope around Gwen's body -- but he claims he did that after she was strangled. I am convinced beyond any doubt that Magidson strangled Gwen.

Magidson's testimony continued to lack credibility. Magidson testified that immediately after "confirming Nabors did strangle Gwen", he went directly into the house and told Jose. He then informed Jose they would be taking the body to Silverfork to "get rid of it."

This is a shocking statement. If Magidson was planning to let Gwen walk out of there, then he would have been stunned learning of her death. It is completely unreasonable for anyone to go from that point to having a well formed plan to bury the body in moments. It could not happen. When you add in that they were drunk -- which slows down cognitive processess -- this assertion becomes incredible. Chris Lamiero was right on this. He repeatedly asked Magidson to clarify this statement. And he did. He cannot wiggle out of it. This statement is absolute evidence of premeditation. They had a plan to bury the body prior to murdering Gwen. It is beyond any reasonable thought to believe an intoxicated individual could develop such a well formed plan in moments.

This must have been a horrendously difficult day for Gwen's family. My heart goes out to all of them. This tragedy is so sad and senseless.

If you can find time to attend one or more sessions of the trial to support Gwen's family -- then please consider doing so. It is a very worthy cause. The jury needs to know the community cares about Gwen. Think about it.

3:48 PM  
Anonymous Anonymous said...

"...especially on behalf of God's favorite angel - Gwen."

In no way was he an angel. Giving head for 40 oz. of malt liquor doesn't reallly qualify as angelic. Gwen was irresponsible and is a poor choice to glorify as the poster child for transgender community.

There are plenty other transgender individuals who are not meth addicts and alcoholics who are upfront with the persons they are intimate with about their sexualy identity. Gwen was not and should only be mourned, not praised.

4:22 PM  
Anonymous cassie said...

An ad hominem is understood to weaken arguments.

This is a place to gain information on Gwen's trail, not attack her character...

4:55 PM  
Blogger Jolie said...

"In no way was he an angel. Giving head for 40 oz. of malt liquor doesn't reallly qualify as angelic."

As I said, i have had agreat deal of experience in courtrooms, It comes as no surprise to me that as a victim, Gwen may not have been likened to Mother Theresa.

Transgendered people all over the world kill themselves with drugs or with other means when they realize the depths of their despair. All she did was be an ordinary teenager who foolishly agreed to party with some boys she really didn't know. She did not ask to be brutally murdered.

I believe God knows she was a beautiful and innocent child with bad decision making skills.

I believe this case deserves to be highlighted as a focus point for examining justice and inequality in the same way that that racist case in the south was highlighted after those good old boys dragged that black guy behind a pickup truck a few years ago.

I believe that God hugged her when she showed up. She was created the was she was and God loved her just like that.

Jen

10:08 PM  
Anonymous Anonymous said...

This comment has been removed by a blog administrator.

12:07 PM  
Anonymous Anonymous said...

I've found myself checking out a good number of
blogs over the past week. Your has top 10 potential. Keep posting!

I'm working on a Vehicle Donation site. It not what I want yet... its a work in progress.

Stop by if you get a chance.
Blessings!

12:17 PM  
Blogger Artemis said...

Do you really think that all three defendants are guilty of first degree murder???

8:10 PM  
Anonymous Meredith said...

"Do you really think that all three defendants are guilty of first degree murder???"

I don't. I think it was manslaughter.

6:35 AM  
Anonymous Anonymous said...

"Do you really think that all three defendants are guilty of first degree murder???"

Of course it is first degree murder. And those animals don't deserve a fate better than that of Gwen.

8:15 AM  
Blogger wicked_girl said...

I definitly believe they're guilty of 1st degree murder. I'm not sure I understand how anyone could suggest that the guys that beat her to a bloody pulp didn't premeditate about killer her and dumping the body somewhere so no one would ever find her. Somebody sure thought this through, what more logical choice would there be other than to point fingers at the guys who enjoyed beating the heck out of her? I don't think it was a spontanious decision to beat and then kill her, it seemed premeditated.

Were there any reports about how many people were at the party and saw all of this go down? Or was it just the key players and their girlfriends who were mentioned already in testimony that were present??

8:50 AM  
Blogger Karen said...

There is no question these men are guilty of first degree murder. There is no other conclusion one can draw. Let's be clear here, the definition of premeditation is, "You have time to consider the gravity of your actions." Furthermore, the law makes no exception for purpetrators who voluntarily intoxicate themselves prior to commiting murder.

In the most general sense, all involved are guilty of premeditated murder (1st degree) because of the time chronology. This was not some instantaneous murder. The time from the beginning of the initial assault, until Gwen's death, was 10 or 15 minutes as the minimum (If you believe Magidson.) up to an hour or more as the maximum. (If you believe the testimony of the bulk of the witnesses and, in particular the testimony of Nabors -- whose timeline was largely corraborated by the testimony of Jose Meril.) I believe the evidence is overwhelming that the time from the initial assault until Gwen's death was an hour or more.

It doesn't really matter though, because, even if you assume Magidson's timeline -- there was a significant time between the initial assault and Gwen's death. And during this time, it has been conclusively established that:

1.) Gwen was alive and severely injured. She was bleeding profusely from the head. Everyone knew she was in desperate need of emergency medical care.

2.) Gwen was being held captive. Gwen's mouth was gagged. Her hands and feet were very tightly bound. It has been established everyone at the Meril home at this time was aware that Gwen was being held captive.

3.) Gwen was murdered at some time later.

Anyone in that home at the time Gwen was severely injured and being held captive -- is unquestionably guilty of first degree murder. Everyone there had clear, indisputable knowledge of a major crime in progress. Each individual there considered the gravity of the events unfolding. Each individual there choose to go along with this course of action. Any one of them could have stopped the murder and called an ambulance. They chose with deliberate malice to not intercede. They are guilty of first degree murder in the eyes of the law.

The fact of the matter is, the longer timeline is what really happened. And, due to this extended timeline and the concerted, deliberate acts, such as getting shovels while Gwen was alive (Testimony from both Nabors and Meril.), makes this a heinous crime. Those responsible deserve the death penalty. And if the victim was not transgendered, I have no doubt they would get the death penalty.

Assistant DA Chris Lamiero has now been able to include the Felony Murder rule as a jury instruction. My understanding is this means all involved are quilty of first degree murder -- if Gwen died during the commission of a felony. It has been irrefutably established that Magidson was going to transport Gwen from the property -- which is felony kidnapping. It was established this intent existed during the time Gwen was still alive. So, even if you somehow believe Magidson intended to let Gwen go, they would all still be guilty of first degree murder.

Despite this reality, there is a long history in America where those who murder transgendered victims have not been held accountable. In this instance, this crime is so vicious and so heinous in it's nature, this jury may actually do the right thing and hold these pathetic thugs accountable for their murderous actions. We'll know soon enough.

I want to extend my heartfelt sympathy to Gwen's family. These discussions are no doubt very painful for all those who loved Gwen. My heart goes out to each and every one of them.

If you support Gwen and her family, then please consider attending one or more court sessions to express that support. It is a worthy cause. In particular, consider attending the closing argument of Assistant DA Chris Lamiero. The jury needs to know the community cares about justice for Gwen Araujo. Please think about it.

12:02 PM  
Anonymous Meredith said...

"Somebody sure thought this through"

I think if somebody had thought it through, a can of soup would not have been involved.

1:05 PM  
Anonymous Anonymous said...

I believe that all individuals who deviate from "normal" sexual activity should inform the individuals in which they are intending to have sex with especially if the other party is interested. I believe that it is unfair to those people who are not given an opportunity to make an educated, knowledgeable choice as to who they are sleeping with. That said, I believe what was done to Gwen was very tragic and all parties who had knowledge of the beating/death are guilty of a crime here, not just the individuals on trial. I also do not believe that a deal with Jason Nabors was warranted. The prosecution could have made a case without giving him manslaughter. If he is given manslaughter then they all should be given manslaugher. He is no less guilty and should pay no less price then the rest of the defendents. I also believe that all of the people who knew anything about the death/murder should be immediately charged.

My other opinion is that a human being was murdered. I don't care if he/she was transgender or not. People seem to be missing the big picture of this because so much attention is being placed on his/her sexuality. No matter what you believe, murder is wrong unless it is in self-defense and none occurred here.

10:12 AM  
Anonymous Meredith said...

>>I believe that it is unfair to those people who are not given an opportunity to make an educated, knowledgeable choice as to who they are sleeping with.<<

Agreed. Sex without true consent is rape.

10:57 AM  
Blogger Karen said...

California law is very clear on what constitutes rape. And your ideas are not included.

By the definition of California law, Gwen was repeatedly raped by these men. How? First off, Gwen was 17 -- a juvenile. Secondly, the men who had sexual encounters with Gwen were all in their twenties -- adult males. In each instance of these sexual encounters, these men deliberately intoxicated a juvenile child with illegal drugs and alcohol. This is a felony crime in itself. Once they intoxicated this minor, California law clearly states this minor is no longer capable of consentual sex. Every one of these sexual encounters with an intoxicated Gwen are instances of rape of a minor and sexual assault. That's the law in California.

So why isn't Mr. Lamiero prosecuting these rapes? I presume he wants to keep it simple for the jury. Someone ought to have him explain this.

As a thought experiment, let's ignore the fact that when an adult illegally intoxicates a minor with illicit drugs and alcohol, the minor cannot legally consent to having sex.

11:47 AM  
Blogger Karen said...

"it is unfair to those people who are not given an opportunity to make an educated, knowledgeable choice as to who they are sleeping with."

This is a reasonable statement. But you know what, these men were the ones who were behaving abnormally -- and in the process they repeatedly raped a minor after illegally intoxicating her with illicit drugs and alcohol. Once intoxicated, how can anyone expect a confused transgendered teenager to deal with these issues in a responsible way. Do you have any idea how devastatingly confusing it is to be a transgendered teenager? And unless you are transgendered and experienced acute gender dysphoria at the onset of puberty -- as Gwen did -- don't delude yourself with thinking you do understand how devastatingly confusing it is for such a kid. Because you don't have a clue. How dare you come to this site and impinge the character of Gwen.

Nobody actually slept with Gwen. They would get her intoxicated and then rape her in brief encounters of oral sex and anal sex. These men were taking ougragous advantage of this kid for their own obnoxious sexual release.

Normally, a man and woman will take considerable time to get to know each other before engaging in sex. At the very least, they would, in fact, take off their clothes and sleep together. None of this ever happened. These men are the aborant sexual deviates here -- not Gwen. Gwen was a mixed up transgendered teenager who was grossly abused by these low lifes -- who then proceeded to viciously murder her.

12:14 PM  
Anonymous Meredith said...

>>California law is very clear on what constitutes rape. And your ideas are not included.<<

According the State Bar of California, "Forcible rape involves using force, fear, coercion, or trickery to acquire sex." (link below) Even if legally it may not be rape right now, it still is morally. At one time, the law didn't recognize spousal rape or male rape, either.


>>By the definition of California law, Gwen was repeatedly raped by these men.<<

Well, if we are going by "the definition of California law", the California penal code calls it "unlawful sexual intercourse", not rape.

Furthermore, according the State Bar of California, "California will, however, reduce the charges, dismiss a case, or allow for an acquittal when and if it appears that the underage person presented herself as someone who was 18 years old or older", which Gwen did.

http://calbar.ca.gov/calbar/html_unclassified/4kids-24.htm


>>In each instance of these sexual encounters, these men deliberately intoxicated a juvenile child with illegal drugs and alcohol.<<

Assuming this is true, Gwen certainly wasn't too intoxicated to keep them from discovering she had a penis and testicles. She claimed to be menstruating, refused to remove her pants, and pushed their hands away from her genitals and breasts, because she knew the men would never have consented had they known the truth. Clearly, she knew exactly what was going on, while the men did not. Being transgendered is not a license to trick people into doing things they wouldn't otherwise do!

2:51 PM  
Anonymous Anonymous said...

I have a feeling "meredith" is the same idiotic troll posting under the pseudonym of "laurey" in google message boards, slandering Gwen with absolutely no reasonable and legal basis.
*If you notice, "meredith" and "laurey" share the same syntax, "both" pretend to know the law, and "both" talk about "licenses," etc.*

http://groups.google.com/group/alt.true-crime/browse_frm/thread/c3481566ba73b691/5f5c3fed59bbdbda?lnk=st&q=gwen+araujo&rnum=14&hl=en#5f5c3fed59bbdbda

This troll basically tries to appeal to the ignorance and phobias society still breeds against people like Gwen. And will avoid addressing any comparisons that would expose the lack of rationale behind the incredibly asinine statements he/she posts in support of Gwen's murderers.


-----------------------------------

This is what two lawyers had to say about the subject by the way:



Lawyer 1: Is an Immigration lawyer


If someone tells you they love you, when they don't, and you only have sex with them because you thought they loved you; can you acuse them of rape?


Her answer: She's not sure because she's an immigration lawyer, but
agreed that it is NOT rape.


Lawyer 2: Is an FBI agent who used to be a prosecutor in New York City


Q1: If someone tells you they love you, when they don't, and you only
have sex with them because you thought they loved you; can you accuse them of rape?


His answer: Absolutely not. You cannot accuse someone of rape because they made promises of love. There has to be an actual lack of consent at the moment of the act. It doesn't matter if it turns out later that they did't love you.


Q2: If you have sex with a transsexual, thinking she was biologically female, can you accuse the transsexual of rape?


His answer: Abolutely not! It doesn't matter the gender of the person, if is a man or a woman, there has to be an actual lack of consent at the moment of the act. This is regardless of the claim that they wouldn't have consented had they known about their partner's transsexuality.


He's aware of the Gwen Araujo case, and said that because the
defendants are being tried for murder, the defense will try to sell anything to the jury. Trying to appeal to jurors' lack of awareness of transsexual issues, in the hopes that they could empathize with the murderers: "oh this is man, I could see why they killed him."


He agreed that such stragedy is an atempt to blame the victim and
legitimize bigotry against transsexual people; however, he also adviced transsexuals to careful, because nothing is going to bring Gwen back.

11:03 PM  
Blogger Karen said...

Well, this "Meridith" is certainly a troll. That's obvious. This person knows nothing about what really happened and appears to be entirely focused on their perceived understanding of the sexual encounters that have been the point of so much misinformation.

I want to clear something up here. The testimony I heard was quite clear on these issues. Let me explain:

Gwen had the sexual maturity of a 15 or 16 year old girl. The testimony was that all she wanted to do was flirt. The testimony was that Gwen was a tease -- as she was not motivated to engage in sexual encounters that went all the way. She was a kid for God's sake who was willing to experiment with sex a little bit.

It is clear to me what motivated Gwen was that she simply craved friendship with young men who would be willing to interact with her as the female she was. These men gave her this friendship -- and extracted sexual encounters from her in exchange. She would get intoxicated and do what was required to maintain her new friendships. And that is the truth. Gwen was an innocent kid.

You folks probably get the impression that I have very strong feelings about Gwen. Well I do. I was just like Gwen, when I was a teenager. Compared to how I handled my problems at that age -- Gwen was doing just fine. In fact, Gwen was handling herself far better than I could imagine for myself, when I was a teenager. Gwen could have gone on to live a wonderful life -- a worthy life full of joy and happiness and all the things that most folks take for granted. She could have gone on to live such a beautiful, worthy life.

I talked with Gwen's family. I talked with her best friend. I heard the testimony. I am honored to have gleamed some modicum of understanding about who Gwen was. She had a loving and supportive family. She knew she was a girl and had the courage to live her life naturally. I very much admire who she was. My heart goes out to everyone in Gwen's family. This is such a sad and senseless tragedy

12:40 PM  
Anonymous Meredith said...

>>This person knows nothing about what really happened and appears to be entirely focused on their perceived understanding of the sexual encounters that have been the point of so much misinformation.<<

It is true that I was not there, but neither were you. You hear the
testimony in the courtroom, I read it in the newspapers. I have read that the men testified that Gwen told them she was menstruating, pushed their hands away from her genitals, and refused to remove her pants all the way.

Was this not their testimony? Since you hear the testimony in the courtroom, please tell me if the San Francisco Chronicle, the Associated Press, the San Jose Mercury News, etc. are making this stuff up.


>>You folks probably get the impression that I have very strong feelings about Gwen. Well I do. I was just like Gwen, when I was a teenager.<<

That is certainly understandable, but can you see how it interferes with your ability to be objective?

3:28 PM  
Blogger Karen said...

"please tell me if the San Francisco Chronicle, the Associated Press, the
San Jose Mercury News, etc. are making this stuff up."

Consider this: Magidson was on the witness stand testifying for about 25 hours. The mainstream press printed a handfull of soundbyte quotes from his testimony that amounted to about one or two minutes of those 25 hours. It is a sad reality the information you have is biased towards sensationalism and completely stripped of it's context. Without the context, you cannot make any objectively derived conclusions about what happened between Gwen and Magidson.

But it didn't stop you. You've come here, to a blog dedicated to justice for Gwen, where a grieving family is no doubt depending on this blog for strength -- and spewed biased, completely unobjective garbage here. We do not want to hear it. Please go away.

And then you've questioned my objectivity. I have strong feelings about Gwen and the circumstances of her death. But I refrained from posting uninformed, unobjective opinions and conclusions about this subject to any venue -- until I took the time to attend the trial to listen to key testimony. I have also been quite fortunate to have spoken with those who knew Gwen best.

Look at the processes you and I have utilized here. My process exemplifies discipline and effective information gathering to serve as the basis for my objectively formed opinions and conclusions. You have no process. You have no discipline. It is logical to conclude, looking at the content of your posts here, that you are driven by bias.

I stand by every statement I have posted on this blog. Each and every statement I have made is logically distilled from the direct testimony I have listened to personally. I have been objective here, always mindful that this blog is intended to enable folks to hear the truth about Gwen's murder -- rather than leaving interested folks, who cannot attend the trial, with no source of information except the sensationalized soundbytes in the mainstream press.

So, no, the mainstream press didn't lie to you. They just took a statement that was couched in a very long sequence of events, and quoted it to you stripped of it's contextual underpinnings.

Now please go away.

11:58 AM  
Blogger Artemis said...

There is no evidence whatsoever that Jason Cazares laid a hand on Gwen. However, the prosecutor is asking for first degree murder. This is unfair. He is even letting Jose off the hook after he beat her. The DA is WRONG!!!!

5:58 AM  
Blogger Artemis said...

Telling someone to go away is really one-sided. Pitiful...

6:00 AM  
Blogger Karen said...

Let's set the record straight here, there is significant evidence that Jason Cazares was an active participant in the murder of Gwen Araujo.

There has been testimony from Jaron Nabors that Jason Cazares was an active participant in preventing Gwen from leaving the home.

There is strong evidence that Cazares stopped the initial beating -- while there were a large number of witnesses in the house. These witnesses were in the process of leaving the home. When you consider all the evidence against Jason Cazares, then it is a completely reasonable interpretation of this as an effort to get the witnesses out of the house, prior to this gang executing Gwen. It's interesting, because I've been at many parties in my life where there were fights and assaults that occurred. But, people at the party never just leave -- the victim of the assaults generally is thrown out after the violence. It is a very telling fact -- that all these people chose to leave that home, collectively, at the moment the assault began. Some of these folks had been sleeping for God's sake -- and just quickly put some clothes on and left the home. There is something very odd about this. And that Cazares stopped the assault from proceeding while they were leaving. This is not the way simple assaults unfold. The only way this makes any sense at all, is if these folks, who were leaving, knew a major crime was about to happen. Jason Cazares has admitted that once all these witnesses had left the home, then he made no further effort to stop any violence against Gwen. This fact becomes interesting, when you consider all of the evidence, involving Jason Cazares. Think about.

There is testimony from Jaron Nabors that he and Jason Cazares went to get the shovels to bury Gwen -- while Gwen was still alive. Nicole Brown gave testimony that she saw Nabors and Cazares leaving in Magidson's truck -- while she was leaving. That means they left to get the shovels very near the time of the initial assault. Jose Merel gave testimony that Cazares and Nabors had left the home at a time consistent with this. There is indisputable evidence that Gwen was alive until Jaren Nabors and Jason Cazares returned to the home. This is very strong evidence that Jason Cazares got the shovels to bury Gwen while Gwen was alive. This evidence is supported by the testimony of Jaron Nabors, Nicole Brown, Jose Merel, and possibly others. My view is that this is compelling evidence that Jason Cazares is a murderer of the same ilk as Magidson. Think about it.

There is testimony from both Nabors and Merel that Jason Cazares was watching as Magidson gagged Gwen's mouth and tightly bound her hands and feet. (This would have been after they returned with the shovels.) Jason Cazares testified that he was outside smoking a cigarette when this happened. Other assertions that were made by Jason Cazares were contradicted by Nicole Brown and Paul Merel. For example, Jason Cazares claims he did not go get the shovels while Nicole and Paul were leaving. As noted, there is considerable evidence he is lying about this very critical fact. Think about it. Is this a man who has no culpability in the murder of Gwen Araujo?

Both Jaron Nabors and Jose Merel testified that there was conversation in the truck on the way home, after burying Gwen, that indicated that Jason Cazares hit Gwen in the head with a shovel several times. The discussion was that Magidson said he told Jason Cazares that he didn't know if Gwen was dead yet. (This was after he strangled Gwen.) It is then that Jason Cazares is said to have hit Gwen in the head with a shovel.

So folks, there is a lot of evidence to indicate Jason Cazares is a cold blooded murderer who actively participated in the slaughter of a defenseless kid. These are the facts that have come to light in court. Think about it.

11:33 AM  
Blogger Karen said...

Artemis thinks I am pitiful for defending the character of an innocent, defenseless kid that was slaughtered. And for attempting to ensure, folks who are interested in this case, can know what has actually transpired during this trial.

Think about it.

11:46 AM  
Blogger Artemis said...

Jaron Nabors never said that Jason tried to prevent her from leaving the house. That was said by Nicole Brown who later retracted that statement by saying she only assumed Jason was one of the ones preventing Lida from leaving because she saw Jason pulling Mike off of Lida in that area where he was choking her. You need to get your facts straight.

6:26 PM  
Blogger Artemis said...

You really do NOT have your facts straight, Karen. Jason admitted to getting the shovels after they said Lida was dead. Also, there is no testimony that Jason hit Gwen with a shovel. Michael testified that Jaron hit Lida with the shovel.

This blog is so very inaccurate...especially the comments. Also, some of my comments have been deleted. What is with that? You are very one-sided.

6:55 PM  
Blogger Karen said...

Artemis,

Well, assistant DA Chris Lamiero has claimed in his closing argument that Jason Cazares was involved in preventing Gwen from leaving the Merel home on the night Gwen was murdered. If you have a problem with that statement, then you need to go argue with Assistant DA Chris Lamiero.

You came to this site spewing biased garbage. I set the record straight, as to what has transpired in court. Now, you come back with a minor clarification that you say shows I don't know what I am talking about. But Assistant DA Chris Lamiero has made this statement in his closing argument. Are you going to tell us that you know more than Mr. Lamiero?

Let me explain something to you Artemis. This is a site for Gwen Araujo. Why don't you go start a site for Jason Cazares? This is America. You can go start a "Free Jason Cazares" blog. No one will stop you. You can post whatever you feel is appropriate there. I assure you, none of us folks over here at the "Justice for Gwen Araujo" blog will come over there and bother you. We will not even care about your blog. We will recognize you have every right in America to speak to your audience.

But folks like you apparently can't stand the fact that we are actually doing something on Gwen's behalf. You come here and spew biased, unobjective trash -- with the intent of disrupting our efforts. But you are not succeeding. Every time you come here and post your trash, this just strengthens our resolve to be more determined to tell the truth about what happened to Gwen. And I assure you, we intend to continue our work.

Think about it.

7:08 PM  
Blogger Artemis said...

Karen, a blog is a place for all opinions about a subject. I see all opinions, too....not facts. I think the DA is inaccurate on many things. It is ridiculous that he said Jason is guilty just because he was a friend of Michael's. That is totally unreal. It is also obvious that he is trying to cut a deal with Jose for his testimony. Jose even hit Lida. Jason did not.

I did not call you pitiful for defending Gwen Araujo. I am very sympathetic for the victim. I just think people are seeking too much revenge for her death and charging the defendants with the wrong crime.

From my point of view, Jason did not even touch Gwen, and he certainly did not commit first degree murder. He was an accessory after the fact because he helped bury the body...

You don't have to get so upset because I disagree with you. There are other sides to this argument, and I am just trying to point out the inaccuracies I see on this blog. Let honesty prevail.

7:21 PM  
Blogger Karen said...

Artemis,

"I think the DA is inaccurate on many things."

This is a site dedicated to "Justice for Gwen Araujo". Because you believe the DA is inaccurate on many things -- this defines you as not appropriate for this blog. This blog has a theme: "Justice for Gwen Araujo". If you are not supporting this theme, then this blog is inappropriate for you.

This blog was not created to start a public debate about the facts in the trial. We are not here to have a public debate with folks like you. I have given you honest and positive advice when I suggest that you go start a blog "Free Jason Cazares". It is the appropriate thing for you to do.

Having said all that, let make some things clear here Artemis.

In the end, it only matters what the jury decides. There is no reason for you and I to debate anything. So please get a grip on yourself. Calm down. I am not angry at you in any way. I wish you well.

I fully recognize that this is a terrible trajedy for the Cazares family, the Magidson family, the Merel family, and the Nabors family. No one should harbor any ill will for any of these families. In fact, everyone should extend good will to each of these families in their time of need.

Having said that, it is a fact that a member of each of those families was involved with the vicious, heinous murder of Gwen Araujo. These four purpetrators brought this tragedy on each of their families. They made decisions. Gwen Araujo isn't coming back. Gwen's family is suffering the ultimate pain here.

Gwen Araujo suffered an absolutely horrendous death. Jaron Nabors has expressed remorse. Jose Merel has expressed remorse. Neither Jason Cazares or Michael Magidson have expressed any remorse. And do you know why? Because they did exactly what they intended to do that that night -- execute Gwen. They don't even care about Gwen. All either one of them cares about is minimizing their culpability for this heinous crime. In the end, the jury will decide their fates. It has nothing to do with you or I.

Let me make one thing clear to you Artemis. I am so happy to hear you have "sympathy for the victim." Her name was Gwen. She was a wonderful human being. Her family misses her every single day. She had a full life in front of her. She could have gone on to live a wonderfully beautiful and worthy life. She could have found happiness and done good things in this world. It's all gone now. Gwen Araujo deserves justice. And that is what we want. We are not looking for revenge. We are looking for justice. And the jury is going to tell us what that justice is. It has nothing to do with you or I.

We also hope the reality of Gwen's life and death can help bring the community together -- to constructively look for ways to make sure this never happens again. As a community we can do better. Today, transgendered people live in constant fear of being assaulted and even murdered. It's no way to live. But it is our reality. The community can do better. And the more people know about the life and death of Gwen Araujo, will certainly help move us in this direction.

So you see, we are going to accept the jury's decision about justice. We are going to be strong. And we are going to continue to tell about the life and death of Gwen Araujo. We need to do this. Gwen would have wanted us to do this. We intend to continue our work.

Think about it.

8:34 PM  
Anonymous IMELDA said...

Thank you Karen for fighting the battle for us, Gwen would have loved you so very much....Artemis,based on some things you have been saying ,I must only assume, that you are in the courtroom everyday to have so much knowledge of the details,yet you are somehow drawn to protecting Jason,I am gwens aunt, and This is my second trial that myself and my sister and other family members have had to sit through, day after day after day ,we hear the details of all the horrible unreal,inhumane things that were done to our beautiful Gwen,and I personally have tried to listen to the evidence ,and the testimony of all the defendants ,and I am able to compare them to last years testimonies and evidence, Jason Cazares, he did nothing but lie through his entire testimony, at the times he answered questions,all the other times, he never had a straight answer for anything, it was always "sort of" or "in a way" or "I don't recall",or "i don't know" ,well he was completely useless on the stand because he couldn't testify to anything, according to him ,he was outside ,oh except for when he tried to help gwen on four different times, because he thought she was a female, then when he found out she was a male ,he stopped helping her(that screams hate-crime in my eyes)if she was a female she would still be alive today,but going back now, he tried to help her ,my 120 pound niece who is being pummeled by all the occupants of that household, in a tasmanian devil like attack,(according to JASONS testimony,)so he the good guy goes and breaks it up four times!!!!!!Heres the kicker, did he check her to see if she was okay? did he check to see if she was bleeding? he didn't even help her up!@!!!AND HE STILL THOPUGHT HE WAS HELPING HER? HOW? Any reasonable person ,if your friends ,your male friends are beating up a woman, and you go and stop it, are you then just gonna walk away ? I don't think so, This part of Jasons testimony is not believable, I don't believe he helped her, I do believe he hit her over the head with the shovels,he claims she was still alive when they left to get the shovels, (gwen has to be alive for his defense)but , if she was alive ,then this just proves that they were already planning on killing her,people do not realize that this murder was not done in a quick and timely manner ,there was lots of time elapsing to give these four young men time to think rationally and clearly about what optiions they had, and they chose to murder her. Gwen had told me two weeks prior to her murder about these "new friends " she had made, and her fight with Nicole ,and how she was never going back over there, because of Nicole, she went back that night, on Gwen Stefanis birthday to celebrate because someone at that house told her that everything was cool, and that she could come and kick it, well, I think they were on a mission to find out her true gender, because Paul,Nicole ,and Jaron ,testified about different conversations being held in that house prior to the murder ,regarding gwens gender,They were all on a serious mission to find out , and they did, and my niece paid with her life, so ,do not be upset with us because we cannot see YOUR side of it, I have tried ,based on all the details I have heard ,they are all four GUILTY OF MURDER,including Nicole Brown, I cannot see it any other way, Of course it is for the jury to decide, my heart goes out to the Merel family, and the Cazares Family,and Magidson Family,as they have lost time with their loved ones, at least they have the simple luxury of a hug,or a phone call,a smile ,we will never have any of that,she is gone and never coming back, and this blog has been setup by a close family friend, for the family and people who could not make it, so Artemis, if you could please voice your opinions elsewhere, we would greatly appreciate it, the pain we have to go through day to day ,listening to those defense attorneys argue their cases ,is enough for me and my family,so, we hear enough about the other side of the story, and it is a story that is not welcome here.

9:38 PM  
Anonymous Anonymous said...

Although I know that this is the "Justice for Gwen Blog," I want to ask a question in regards to transgender identity.

When is is appropriate, in your opinion, to acknowledge to a person who seems or is interested in you as a member of the opposite sex your sexual identity?

I ask because being heterosexual I am trying to understand this whole mess of a situation.

I was not drawn to this blog simply because of Gwen's transgender identity...I was intrigued because there was a MURDER. I am sure that I will be yelled at and be accused of being against the cause but I am trying to understand something that I have no explanation for.

In my opinion, this murder would have taken place if Gwen was transgender or not because Nicole was the facilitator...IN MY OPINION...of the whole questioning of Gwen's identity.

Nicole did not like that Gwen was receving more attention than she and had Gwen turned out to be a true female...Nicole would have probably PARTICIPATED in murder of Gwen, the human.

10:35 AM  
Blogger Karen said...

This question is not appropriate for the "Justice for Gwen Araujo" blog. There are many sites on the Internet where such a question is on topic. Please go there and talk your head off. They'll gladly help you work through any issues.

We have no desire to yell at people. But understand, we are not here to debate folks about facts in this murder case. Some of us have attended sessions of trial and have first hand knowledge of evidence presented. One of our goals is to communicate this knowledge to a wider audience that has an interest in "Justice for Gwen Araujo".

I'll respond, based on my understanding, about your comments concerning Nicole.

Nicole had nothing to do with this murder. To appreciate this, you must first realize that this gang of thugs viewed women as something less than men. Women were sex objects to these men. Gwen was a sex object. Nicole was a sex object. These men -- and especially Magidson, (who was the motive force behind this murder and the actual murderer as well.), would never have let Nicole manipulate them to do anything. Nicole's role in all this was that of a pawn.

ADA Chris Lamiero's cross examination of Magidson identified Magidson's sexual encounter with Gwen, about 2 weeks prior to Gwen's murder, as the genesis for Magidson's need to confront Gwen about her genitalia. It was this sexual encounter, where Magidson claims to have started to engage Gwen in an act of anal sex, but where Magidson claims to have suddenly ended the encounter in disgust -- that Magidson's need to confront Gwen about her genitalia was born.

If you start from this moment, with the assertion that Magidson did become aware of Gwen's genitalia, then everything else that transpired follows in a logically consistent way.

It then logically follows:

1.) Nicole had nothing directly to do with Gwen's murder. While she did go into the bathroom and yelled some things. Magidson is the one who told Nicole to go into the bathroom and check Gwen's genitalia. He already knew the answer. Magidson used Nicole as a pawn in this process.

2.) Jose Merel was instigated by Magidson. Jose was a pawn in this process too. This is why Jose testified against Magidson. It is also why ADA Lamiero has advised the jury that he does not see Jose Merel as a killer. ADA Lamiero told the jury he has no recommendation concerning Jose Merel. Mr. Lamiero has recommended to the jury that they find Michael Magidson and Jason Cazares guilty of first degree murder.

3.) This is a hate crime. Gwen is dead because of the way she perceived her gender.

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