News Item

TRANSGENDER ORGANIZATIONS OPPOSE BAIL BID
Accused murderer labeled as flight risk

July 16, 2003

On July 16th, the lawyer for Michael Magidson -- the accused "key actor" in the brutal murder of transgender teenager Gwen Araujo -- will be attempting to get his $1.68 million dollar bail reinstated. Both the National Transgender Advocacy Coalition and the Remembering Our Dead project urges the court to keep Magidson behind bars.

"Judge Burr made a prudent decision when he disallowed bail for Michael Magidson," said Vanessa Edwards Foster, chair of the National Transgender Advocacy Coalition (NTAC). "There is concern for the public safety, and possibly even a flight risk. Releasing Magidson will provide no benefit to the community, will provide no comfort to the family of the victim, and at worst could result in another spontaneous act of violence. Creative lawyering should not be reason alone for releasing an alleged murderer."

Magidson, as well as Jose Antonio Merel, Jason Cazares, and Jaron Chase Nabors are accused in the murder of Araujo at a house party on October 3, 2002. Testimony has shown that Araujo was savagely beaten

Nabors pled guilty to voluntary manslaughter for an 11-year prison term, and Magidson, Merel, and Cazares have pled not-guilty to the murder. The three also face a hate crime enhancement.

Alameda County Superior Court Judge Kenneth Mark Burr had revoked Magidson's bail after the preliminary trial found that he primarily involved in the murder of Gwen Araujo. Burr also considered Magidson a flight risk.

Some transgender activists wonder why bail is even a question. "If such a brutal killing had taken the life of a non-transgendered woman, this this would not be an issue," Gwen Smith, founder of the Remembering Our Dead project, said. "Magidson would not have gotten out on bond the first time, and should not be out now."

Both the Remembering Our Dead project and NTAC oppose Magidson's release.

The Remembering Our Dead project <www.rememberingourdead.org> exists to honor individuals murdered as a result of anti-transgender hatred and prejudice, and draw attention to the issue of anti-transgendered violence. Remembering Our Dead is a project of Gender Education and Advocacy, Inc.

Founded in 1999, NTAC - the National Transgender Advocacy Coalition - is a civil rights organization working to establish and maintain the right of all transgendered, intersexed, and gender-variant people to live and work without fear of violence or discrimination.