Trio will face trial March 15 Presiding judge, venue still to be determined By Robert Airoldi, STAFF WRITER HAYWARD -- Three men charged with killing a Newark transgender teen will stand trial beginning March 15, but who the judge will be and where the trial will take place still are matters of conjecture. Fremont resident Michael Magidson and Newark residents Jason Cazares and Jose Merel, all 23, face one count each of murder with a hate-crime enhancement in the death of Eddie "Gwen" Araujo. Araujo, 17, was killed during an Oct. 3 party at Merel's Newark home, after it was discovered the teenager, who lived as a girl, was biologically male, according to police. Magidson, Cazares and Merel face 25 years to life if convicted, with an additional four years for the hate-crime enhancement. A fourth defendant, Jaron Nabors, 20, who initially faced similar charges, pleaded guilty in February to voluntary manslaughter in exchange for testimony against his three friends. He will be sentenced to 11 years in state prison. Deputy District Attorney Chris Lamiero, who will try the case, said he would like to see the fates of the three men in the hands of a local jury and believes a fair, impartial panel can be found in Alameda County. "It's not like the Scott Peterson case, with cable news shows engaging in nightly discussions," Lamiero said. "It's certainly a case that has garnered a great amount of coverage, but not so much so that everyone in our jury pool will have formed opinions." Michael Thorman, Magidson's defense attorney, said a change-of-venue motion is "an option at any time," but more likely as March 15 approaches. Superior Court Judge Robert Kurtz set the trial date Tuesday morning during a hearing at the Hayward Hall of Justice. Now that the trial date has been set, Araujo family members say they are pleased with the schedule. "We're getting closer to closure," said Imelda Guerrero, Araujo's aunt. "It's sooner than we expected and things are finally happening." Still to be determined is who will preside over the trial, which is expected to last into the summer. Under normal circumstances and barring a change in venue, all parties would appear March 15 in Hayward, at which time a judge would assign the case to any judge in the Hayward courthouse. But Lamiero said he and defense attorneys want to make sure a veteran judge is assigned to the case. "Both sides want this case to be tried in front of a judge with experience trying serious felony cases," Lamiero said. One of the most -- if not the most -- experienced in Alameda County is Superior Court Judge Harry Sheppard, who presided over the 2001 case of Rodney Blach, the Fremont bomber who was found guilty and sentenced to 37 years in state prison. Sheppard is the presiding judge in Oakland, overseeing the operations of all courthouses in the county. His tenure as presiding judge ends Jan. 1, and as the outgoing presiding judge he is allowed to pick his next assignment. He selected civil court in Hayward. "Harry is one of the most experienced judges in Alameda County," Lamiero said. "He's a top-notch trial judge. He's very intelligent, fair, a hard worker and a gentleman." Sheppard is a former prosecutor, defense attorney, civil practitioner, general counsel and businessman. He attended Colgate University and the University of California, Hastings College of Law in San Francisco. A no-nonsense ruler of his courtroom, Sheppard has a reputation for being conservative and careful, and he has earned high marks from both defense and prosecution lawyers. He has said his courtroom has three basic rules: Be punctual, be civil and be prepared. Staff writer Robert Airoldi covers police and the courts for The Argus. He can be reached at (510) 353-7011 or rairoldi@angnewspapers.com .
		Thanks to Gwen Smith, webmistress of Remembering Our Dead, for following this story and keeping everyone updated. ©1999-2003 by MediaNews Group, Inc. and ANG Newspapers
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