Bron: San Francisco Chronicle, Wednesday, April 21, 2004The woman who revealed that transgender teenager Gwen Araujo was biologically male -- precipitating the fatal attack against her -- testified Tuesday that she had been so certain the beautiful girl she knew as "Lida" was female that she "freaked out" when she learned otherwise.
Nicole Brown, 23, said in a Hayward courtroom that she was the one who had suggested she "check" to determine Araujo's biological gender, and she described how she had put her hand up Araujo's skirt and grabbed her genitals.
"I thought I felt a penis," Brown testified. Brown then screamed and ran into the hallway shouting, "I can't believe this is a f -- ing man. I can't believe it. I can't cope with this," she said.
Brown is testifying at the trial of three men charged with murder and a hate-crime enhancement for the Oct. 4, 2002, slaying of the 17-year-old, who was born Edward Araujo but lived and identified as a young woman.
Michael Magidson, 24, of Fremont and Jose Merel and Jason Cazares, both 24 and from Newark, could face life sentences if convicted. A fourth man, Jaron Nabors, 21, has pleaded guilty to manslaughter in the case and will serve an 11-year sentence in exchange for testifying against his friends.
Brown, who was dating Merel's older brother, Paul, described how a night of drinking and partying had descended into a frightening scene that prompted her to flee from the house.
She said she had retreated with Paul Merel to his bedroom when she heard loud voices in the kitchen. She went out to investigate, she said, and found Jose Merel standing above Araujo -- who was sitting in a corner with her head down -- repeatedly asking, "Are you a man or a woman?"
"I said, 'I believe this is a female, but if she isn't going to tell you, maybe you should check for yourselves,' " Brown said. Magidson then held Araujo's hand and walked with her to the bathroom.
Brown said she and the other men had stayed behind in the kitchen, debating Araujo's gender. Jose Merel then told the group he had had anal sex with Araujo. According to prosecutors, Magidson also had oral sex with Araujo.
Describing herself as irritated that Magidson was taking so long in the bathroom, Brown said, she walked to bathroom intending to prove that Araujo was a woman. Instead, she discovered Araujo was biologically male and left the bathroom screaming.
"They got an answer to the question they were asking, and I was worried about what was going to happen next," she testified.
Brown said she had seen Magidson wrestle Araujo to the ground and grab at Araujo's underwear. Then, Magidson put Araujo in a headlock.
Brown ran back toward Paul Merel's bedroom and saw Jose Merel, she said, who was crying and saying, "I'm not gay. I don't like men."
"I put my hands on his shoulder and said, 'This is not your fault. You were a football player,' " Brown said, describing how she tried to console him. "I told him that he should let this person go."
"He (Jose Merel) said, 'I'll let her go, but I don't want to do it. You do it,' " Brown testified.
Araujo walked toward the front door, but Brown said she had heard voices say, "Where do you think you're going? I don't think so."
Later, Brown said, she saw Magidson punch Araujo in the face as Nabors and Cazares looked on. Magidson then began choking Araujo. Emmanuel Merel, Jose Merel's younger brother, grabbed Magidson's arm and, with the help of Jose Merel and Cazares, pulled him off, Brown testified.
Brown said she had finally rousted Paul Merel, and together they prepared to leave. As she left, she saw Araujo sitting on the couch and Magidson standing near the doorway, his hands shaking and arms sprinkled with blood.
Before driving to Brown's home in Livermore, the couple saw two of the defendants driving in Magidson's truck. They told Paul Merel they were going to get shovels, Brown said.
Later that day, Brown said, she phoned Jose Merel to ask what happened. "He said, 'Let's just say she had a long walk home,' " Brown testified.
Under cross examination, J. Tony Serra, Cazares' attorney, grilled Brown about the reliability of her testimony. Brown said she smoked marijuana and drank about a dozen beers the night of the attack.
Serra emphasized that Brown had never seen Cazares strike the victim. Serra also asked Brown to describe how Nabors had asked Brown to lie to the police if they questioned her about Araujo's disappearance. Nabors wanted Brown to say that any blood in Merel's home was a result of Brown's earlier fight with Araujo, she said.
"I told the police the truth," Brown said. "I didn't go with his lie."
Brown will continue to testify under cross-examination this morning. Emmanuel Merel is expected to take the stand next, and Nabors could testify as early as this afternoon, prosecutor Chris Lamiero said.
Lisa
