[Congressional Record Volume 150, Number 51 (Tuesday, April 20, 2004)]
[Senate]
[Page S4153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                   LOCAL LAW ENFORCEMENT ACT OF 2003

  Mr. SMITH. Mr. President, I rise today to speak about the need for 
hate crimes legislation. On May 1, 2003, Senator Kennedy and I 
introduced the Local Law Enforcement Enhancement Act, a bill that would 
add new categories to current hate crimes law, sending a signal that 
violence of any kind is unacceptable in our society.
  On October 3, 2002, a 17-year-old transgender woman, Gwen Araujo, was 
viciously killed and buried in a shallow grave near South Lake Tahoe. 
Gwen was beaten severely--with fists, canned goods and a metal 
skillet--then strangled to death. Before driving her to a remote 
location to be buried, the attackers wrapped her body in blankets and 
hit her in the head with a shovel to make sure she was dead.
  After a confession to police by one of Gwen's attackers, her body was 
finally found 2 weeks later. Currently, three men--Michael Magidson, 
23, and Jose Merel and Jason Cazares, both 24--stand trial for her 
murder. A fourth man was also charged with her murder but pled guilty 
to manslaughter in exchange for testifying against the others. Despite 
this confession and eyewitness testimony in this case, defense 
attorneys have suggested that Gwen's murder was a result of something 
the victim provoked because of her lifestyle choice. The defense has 
asserted that Gwen ``deceived'' her attackers. Once learning of her 
biological sex, it caused one defendant to become enraged ``beyond 
reason,'' thereby resulting in her attack. One attorney has even 
claimed that no hate crime has been committed in this case.
  Clearly, the murder of Gwen was motivated by hatred. I believe that 
the government's first duty is to defend its citizens, and to defend 
them against the harms that come out of hate. The Local Law Enforcement 
Enhancement Act is a symbol that can become one of substance. I believe 
that by passing this legislation and changing current law, we can 
change hearts and minds as well.

                          ____________________