Verdicts upheld in murder of transgender teen

Posted on May 14, 2009
Filed Under Uncategorized

NEWARK — A state appeals court upheld the murder convictions of two East Bay men today for their roles in battering and strangling a transgender teenager after learning she was biologically male.

The killing of 17-year-old Gwen Araujo of Newark in 2002 drew national attention to incidents of violence against transgender people, which often include defense claims that the victim provoked the attack by having sex under false pretenses.

In this case, lawyers for both defendants argued that the slaying was manslaughter at most, because their clients had acted in the heat of passion when they learned the person with whom they had had oral and anal sex was born male. But the First District Court of Appeal in San Francisco ruled 3-0 that the Alameda County trial judge had defined the crimes properly to the jury, and that the panel had substantial evidence for second-degree murder convictions.

Mark Greenberg, a lawyer for defendant Michael Magidson, said he would appeal to the state Supreme Court.

See Verdicts upheld in murder of transgender teen