Suspicions Swirled About Newark Teen

Woman says 'The Boys' had discussed slaying victim's gender.
By Yomi S. Wronge
Mercury News

February 19, 2003

 

 She was sassy, brazen and flamboyant -- unlike any ``girl'' they had ever met. But there was more about Lida that made the four men question, in the days and weeks leading to her death, whether the striking beauty was actually a man.

Her nails were masculine-thick and unpolished. Her long, thick mane of black hair seemed too luxurious to be real. She had strong cheekbones, a square jaw line. And she hit like a man, according to court testimony.

In an ongoing hearing to determine whether four local men should stand trial in the slaying of transgender Eddie ``Gwen'' Araujo, acquaintance Nicole Brown said Tuesday that ``the boys'' had debated Araujo's gender several times before the Oct. 4 killing.

Jose Merel, 23, and Jaron Chase Nabors, 19, both of Newark, and Fremont residents Michael William Magidson, 22, and Jason Cazares, 23, are all charged with beating and strangling Araujo. The defendants knew Araujo as a girl named Lida, and court documents indicate that some or all had sexual relations with the victim.

Because Araujo was transgender -- the teen lived as a woman -- the men are also charged with a hate crime. All four have pleaded not guilty, and three remain behind bars -- Magidson was released last week on bail.

The defense claims that the men reacted violently after discovering, for the first time in the early hours of Oct. 4, that Araujo was anatomically male. The prosecution contends that the men suspected Araujo's gender all along and that the killing was the ultimate endgame in a monthlong hunt to prove Araujo's biological identity.

Brown, a former girlfriend of Paul Merel, defendant Jose Merel's older brother, testified that she and the defendants had debated Araujo's gender on at least three separate occasions.

``We all had thoughts,'' Brown said, ``but nothing was proven.''

That was until Oct. 4 when, after a long night of drinking and drugs at a Newark house, Brown and the defendants set out to find out once and for all.

It was Brown who eventually emerged from a bathroom with Araujo, telling the others ``Oh, my God! It's a man,'' according to court documents.

Brown will resume her testimony at 10 a.m. today at the Fremont Hall of Justice.

Earlier on Tuesday, Emmanuel Merel, the younger brother of defendant Jose Merel, testified that he peered out of his bedroom door to see Magidson with a chokehold on Araujo. The younger Merel said he pried Magidson's hands off the teen.

``She sort of stumbled forward,'' Emmanuel Merel said. ``That's when I tried to push her out the door.''

But Merel said Magidson and Nabors prevented Araujo from leaving. The younger Merel said he then decided to leave the house and went to wake older brother Paul to do the same. On his way out, Emmanuel Merel said he saw Araujo and Magidson standing in the kitchen. Still, he said, he chose not to call police.

During cross-examination by defense attorneys, the younger Merel acknowledged that he initially withheld some facts of the evening when he gave a statement to police. He also said he could not remember some specific details of the incident.

Emmanuel Merel said he slept at a neighbor's house and that he never discussed the incident further with his brother -- even after police came to his door searching for Araujo several days later.

"I was optimistic that everything was OK,'' Merel said.

Araujo's bound body was found nearly two weeks later, buried in a shallow grave about 150 miles away near Lake Tahoe.

FREMONT, Calif. (AP) - Sexual suspicions swirled about a transgender teen before her death, an acquaintance testified Tuesday.

Nicole Brown recalled a conversation with the four men charged with killing the teenager in which they itemized reasons why the girl they knew as Lida could be biologically male -- thick fingernails, unpainted toenails, strong cheekbones and a blunt manner.

``We're going back and forth trying to figure it out,'' said Brown.

Prosecutors say 17-year-old Eddie ``Gwen'' Araujo was killed after the defendants found out for sure that Araujo was biologically male at a party in early October.

Brown testified at a hearing to determine if the four defendants -- Jose Antonio Merel, 23, Michael William Magidson, 22, Jason Michael Cazares, 22, and Jaron Chase Nabors, 19 -- should stand trial for murder. Brown knew the quartet because she was dating Jose's older brother, Paul Merel.

Brown said she didn't know Araujo well but had seen her sitting on the defendants' laps while they played dominos and giving them ``pecks on the lips.''

Brown testified that the question of whether Araujo, known to the defendants as Lida, was biologically male came up after Brown and Araujo got into a fight in early September. The scuffle started after Brown, who said both had been drinking, suggested that Araujo take her top off. Brown said it was surprising that the fight was an even match because she was taller and heavier than Araujo.

Earlier Tuesday, Emmanuel Merel, Jose's younger brother, testified that he tried to help Araujo on the night of the party. Merel said he tried to push Araujo out of the front door after seeing Magidson put a choke hold on Araujo. Merel said Nabors and Magidson blocked the doorway. Merel also said he pulled Magidson's arm off Araujo's neck.

Emmanuel Merel was in the house on the night of the party, which went into the early hours of Oct. 4. However, he stayed in his room for most of the night.

Merel testified earlier that he heard the defendants shouting, ``Are you a man or a woman?'' He testified Tuesday that at one point he opened his bedroom door and saw Jose crying.

What did Jose Merel say?

There was a pause during which Jose Merel leaned forward in his seat behind the defendants' table, looking intently at his brother.

``I believe he said, 'Lida's a man,''' Emmanuel Merel said.

Emmanuel Merel testified he left the house along with Brown and Paul Merel shortly after trying to get Araujo out the door. Merel said Araujo did not appear injured at that time. He acknowledged telling police earlier that Araujo seemed scared but said he had been misunderstood.

Merel testified for the prosecution, but both the prosecutor and defense lawyers pointed out inconsistencies between Merel's testimony and statements given to police earlier. For instance, Merel did not tell police in an Oct. 17 interview about trying to push Araujo out the door. He said Tuesday he kept the information to himself because he wanted to protect himself.

After leaving the house on the night of the party, Emmanuel Merel said he went to a convenience store to buy some gum and then stayed at a neighbor's house.

Both the prosecution and defense asked why Merel didn't call police and defense lawyers in particular questioned Merel's statements that after the party, he didn't talk to Jose or Paul about what had happened.

``Why wouldn't you at least ask about that?'' said defense attorney Tony Serra.

``I didn't take it upon myself to make it my business,'' Emmanuel Merel said.

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