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US

Jurors questioned behind closed doors in gay student killing trial

Teddy bear memorial at crime scene

October 12, 1999
Web posted at: 10:18 p.m. EDT (0218 GMT)


In this story:

Matthew, James and Columbine bears

Fogged by alcohol and drugs

'Murder is never pretty'

RELATED STORIES, SITES icon



LARAMIE, Wyoming (CNN) -- More prospective jurors will be questioned Wednesday about their feelings on homosexuality and the death penalty as jury selection resumes in the murder trial of Aaron McKinney, the second of two men accused of pistol-whipping a gay University of Wyoming student and leaving him to die.

The questioning is being conducted behind closed doors because of the sensitive nature of the subject matter. It is expected to take about two weeks to seat the panel.

While the court session was under way, two men completed a three-day, 72-mile hike and left 150 homemade teddy bears at the fence where Matthew Shepard was tied up and beaten. Their trek marked the one-year anniversary of Shepard's death.

Matthew, James and Columbine bears

Jerry Switzer and Jeremy Atencio say their Hike For Hope was done to raise awareness of hate crimes. Near the end of their hike, the men were joined by Erin Uritus, who helped them found the Bringing Equality and Respect, or BEAR Project

"There's a lot to do to make it so no one ever has to visit a site like this again," said Switzer, a friend of Shepard's.

Switzer and Atencio, both of Denver, began their journey in Fort Collins, Colorado, where Shepard died on October 12, 1998. Each bear represents a different victim of hate or violence and were sent from as far away as England and Australia.

Matthew, a 2-foot-tall gray bear designated the "official Hike bear," was placed on a cross of stones that had earlier been put beneath the fence, and the group took photographs.

Another bear, James, symbolizing black dragging death victim James Byrd Jr., and one named Columbine also made the trip.

 Background
Matthew Shepard was lured out of a Laramie bar on October 7, 1998 -- allegedly because he was gay -- driven to a remote prairie, tied to a fence, pistol-whipped into unconsciousness and left for dead in freezing temperatures.

A bicyclist who found Shepard, nearly hidden in the sagebrush, 18 hours later thought at first the 5-foot-2, 105 pound University of Wyoming freshman was a scarecrow.

Taken to a hospital, Shepard never regained consciousness and died of massive head wounds on October 12, 1998.

Aaron McKinney, 22, is the second person to face trial for murder in Shepard's death. Russell Henderson, 22, is already serving a life sentence after pleading guilty earlier this year.

Fogged by alcohol and drugs

McKinney's participation in the fatal beating of Shepard last October is not in dispute, said the defendant's lawyer.

But attorney Dion Custis on Monday said McKinney's judgment was clouded by alcohol and drugs. "Alcohol will be an issue," he said. "Methamphetamine ... is a big issue and had a big part in this case."

The defense attorney said he would not contend that McKinney was insane, but "his mental state will certainly be a crucial question for you to answer."

'Murder is never pretty'

Prosecutor Cal Rerucha cautioned the Albany County District Court jury pool about the autopsy photographs. "Murder is never pretty," Rerucha said Monday. "In order to be a good juror, you have to be able to examine those photographs."

Russell Henderson, 22, is already serving a life sentence after pleading guilty to felony murder and kidnapping in the beating of Shepard.

The 21-year-old college freshman died five days after being lured out of a bar, driven to a remote spot on the freezing prairie, lashed to a wooden fence and pistol-whipped into a coma.

McKinney, 22, could face the death penalty if convicted of Shepard's murder. Henderson has been subpoenaed by McKinney's lawyers to testify.

Prosecutors say McKinney, accompanied by Henderson, instigated a plan to rob Shepard of $20, but that Shepard may have been targeted because he was gay.

McKinney has said he did not know Shepard was gay and does not hate homosexuals.

Correspondent Don Knapp and the Associated Press contributed to this report.



RELATED STORIES:
Defense attorney reveals strategy in gay student murder trial
October 11, 1999
Jury selection begins in gay Wyoming student's death
October 11, 1999
1 year after Shepard killing, tougher hate crimes laws still sought
October 6, 1999
TV spot battles anti-gay bias in schools
October 4, 1999
Young, gay and scared to death at school
September 23, 1999

RELATED SITES:
University of Wyoming
Gay, Lesbian and Straight Education Network
Anti-Defamation League
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