October 26, 1999
Web posted at: 10:25 a.m. EDT (1425 GMT)

In this story: Defense to argue for manslaughter 'Baby, I'm so sorry' RELATED STORIES, SITES

LARAMIE, Wyoming (CNN) -- When the murder trial of a roofer accused of the deadly beating of gay college student Matthew Shepard resumes Tuesday, testimony will focus on the reasons for the deadly attack, lawyers said at the trial's outset.

In opening statements, prosecutors characterized the beating death of the 22-year-old Shepard as a premeditated "cold-blooded, savage" attack by assailants who lured the student out of a Laramie bar and pistol-whipped their victim as he begged for his life, finally leaving him for dead tied to a fence.

VIDEO CNN's Don Knapp reports on how the publicity has affected Laramie, Wyoming. (October 11) Windows Media 28K 80K Matthew Shepard's mother has gone from a private person to a vocal supporter of human rights. CNN's Maria Hinojosa shows Judy Shepard's transformation. (October 11) Windows Media 28K 80K   MESSAGE BOARDS Gay rights Crime and punishment Hate crimes

But defense attorneys said 22-year-old Aaron McKinney flew into a rage fueled by drugs and alcohol after Shepard grabbed his genitals and licked his face. The advance triggered memories of childhood sexual abuse by other boys, which began when he was 5, his lawyers said.

In one case, when he was 7, McKinney had been forced to perform oral sex and engage in a sexual act with another 7-year-old by a neighborhood bully.

The defense said they will argue that Shepard's death was manslaughter, not murder. The manslaughter charge does not carry the death penalty, which McKinney could face if convicted on the first-degree murder charge.

"Did Matthew Shepard deserve to die? No, that's ridiculous. No manslaughter victim deserved to die," Tangeman said. "That's what Aaron McKinney is guilty of, manslaughter."

But the prosecution told a story of cruelty aimed at the slightly built Shepard.

"McKinney and Henderson had picked the 5-foot-2, 105-pound Shepard out of the bar as an easy mark," Albany County District Attorney Cal Rerucha told jurors. "Matt Shepard begged for his life. Matt Shepard negotiated for his life, but McKinney gave him blow after blow."

Rerucha said his case against McKinney will not deal with Shepard's gay lifestyle: "It will simply be about the pain, suffering and death of Matthew Shepard at the hands of the defendant, Aaron James McKinney," he said.

The trial of a co-defendant, Russell Henderson, ended in April just before a jury was seated. Henderson pleaded guilty to felony murder and kidnapping and was sentenced to life in prison. The plea allowed Henderson to avoid the death penalty.

The prosecution called its first three witnesses Monday: Aaron Kreifels, the college student who found Shepard; Charles Dolan, the neighbor who tried to help; and a female Albany County deputy, Reggie Fluty, who told the barely breathing victim, "Baby, I'm so sorry this happened."

Kreifels and Dolan described efforts to free Shepard from the pine log fence, his hands tied to the bottom of a post. Fluty said it appeared Shepard had been crying.

He died five days later in a Colorado hospital.

Shepard's mother, Judy, dabbed her eyes when prosecutors showed jurors graphic photos of the young man's badly beaten face, and McKinney's father, William McKinney, bowed his head. McKinney barely glanced up.

Shepard, McKinney and Henderson met in a Laramie bar about a year ago, where Shepard asked McKinney for a ride home. Tangeman contended that the request humiliated McKinney in front of friends, because McKinney believed Shepard was gay.

Rerucha said McKinney and Henderson drove Shepard, 21, to a remote area, where they robbed him of $20, lashed him to the fence and began pistol-whipping him.

Opening statements were made after a jury of 10 men and six women, including four alternates, was seated in McKinney's trial on charges of first-degree murder, kidnapping and robbery.

The jury includes three students at the University of Wyoming, where Shepard was a freshman studying human rights.

Corespondent Don Knapp, The Associated Press and Reuters contributed to this report.

Note: Pages will open in a new browser window

External sites are not endorsed by CNN Interactive.