Trial Starts for 2nd Man in Death of Gay Student

Almost a year to the day after gay college student Matthew Shepard died with a cracked skull, jury selection began Monday in the murder trial of the man accused of instigating the attack.

A few anti-gay protesters demonstrated outside the courthouse, along with people who came to honor Shepard’s memory, wearing angel costumes to spread what they said was a message of love.

Inside, Aaron McKinney’s lawyer told prospective jurors that he had a role in the beating death, but his judgment was clouded by drugs and alcohol. Lawyer Dion Custis said he would not point the finger at Russell Henderson, McKinney’s co-defendant who has pleaded guilty to murder.

“We’re not going to contest the cause of death or that he died as a result of a beating from Aaron McKinney along with Russell Henderson,” Custis said.

He said he would not contend that McKinney was insane, but said “his mental state will certainly be a crucial question for you to answer.”

Custis’ comments marked the first time he has unveiled a strategy for defending McKinney, who is facing the death sentence if convicted of murder.

The attorney told the prospective jurors he was concerned about the widespread attention stemming from the case, which brought gay-rights issues to the forefront. “I don’t think anyone here is going to suggest this is a hate crime,” he said.

Shepard, 21, a University of Wyoming freshman majoring in political science, died a year ago today, five days after he was 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.

Prosecutors say McKinney, accompanied by Henderson, 22, instigated the crime to rob the 5-foot-2, 105-pound Shepard of $20, but that Shepard may have been targeted because he was gay.

Prosecutor Cal Rerucha warned the juror candidates that they must treat both sides fairly, regardless of their prejudices. “Whether you’re Catholic or Muslim, if you are straight or gay, everyone is treated equal,” he said.

McKinney, 22, talked quietly with his lawyers, looked at his notes and smiled occasionally as the attorneys spoke.