TRANSGENDER CASE Retrial planned in slaying

The victim's family still wants justice.
HAYWARD, Calif. (AP) -- Prosecutors say they plan to retry the case against three men accused of killing a transgender teenager, after a jury failed to deliver a verdict.
David Guerrero, the uncle of the 17-year-old who was born Edward Araujo but lived as a girl named Gwen, said the family dreads reliving details of the slaying at a new trial, but is relieved prosecutors don't plan to let a mistrial end the case.
"It's very difficult. I just don't want to see those pictures again. I don't want to hear that testimony again," Guerrero said. But, he added, "If it takes us 20 times to get justice, we'll do it 20 times."
Jurors deadlocked
The trial of Michael Magidson, Jose Merel and Jason Cazares, all 24, ended in a mistrial Tuesday after nine days of deliberations. Jurors said they were deadlocked 10-2 in favor of acquitting Merel and Cazares on first-degree murder charges, and 7-5 in favor of convicting Magidson.
One defense lawyer had argued that it was a case of manslaughter rather than murder because of his client's shame and revulsion at discovering he had had sex with a man.
Prosecutor Chris Lamiero said he plans to retry the case.
According to testimony, Merel and Magidson had had sex with Araujo and became suspicious after comparing notes. Araujo was killed in 2002 after a confrontation in which her biological identity was exposed.
Some Araujo supporters gasped in dismay, and Araujo's sister hurried out of the courtroom in tears when Superior Court Judge Harry Sheppard declared the mistrial.
Sexual provocation
Magidson's attorney, Michael Thorman, said it appeared some jurors agreed that sexual provocation led to the killing.
Thorman acknowledged his client played a role in the attack but said the slaying was no more than manslaughter because it was provoked by Magidson's "shame and humiliation, shock and revulsion" upon learning he had had sex with a man.