THE MATTHEW SHEPARD SLAYING: WYO. v. HENDERSON
				Discuss the case on our message board Nov. 19 1998 Update Dec. 11, 1998 Update March 23, 1999 Update March 24 Update (Jury Selection) March 25 Update March 29 Update March 30 Update March 31 Update April 2 Update April 5 Update (Plea Bargain and Sentencing) May 22 Update (Pasley Sentencing)

LARAMIE, Wyo. (Court TV) — As jury selection in the Matthew Shepard murder trial entered its second week, Russell Henderson's defense insisted the slaying was not a hate crime but a robbery gone wrong.

Henderson is one of two men accused of murdering the gay student on October 1998. Prosecutors say Henderson and his co-defendant, Aaron McKinney, pretended to be gay, lured Shepard into the pickup truck McKinney was driving, brutally pistol-whipped him and then robbed him. A bloody Shepard was discovered tied to a fence 18 hours later and taken to the hospital, where he died several days later. If convicted both men could face the death penalty. McKinney will face trial in August.

Henderson's lawyers say that he witnessed, but did not participate in, Shepard's fatal beating and did not benefit from the proceeds from the robbery. On Monday, his attorney, Wyatt Skaggs, told prospective jurors that Shepard's murder was not about politics or the victim's homosexuality, but about money.

"When we list the elements of this case, you will not see hate as an element," Skaggs said. " It's not there. This crime is not about hate; it's about more mundane motives such as robbery and theft. This was a robbery gone bad."

Only 26 out of the 71 prospective jurors interviewed by both prosecutors and defense lawyers remain on the panel. On Monday, 70 more people were brought in for questioning, but five were immediately dismissed because of physical ailments. State prosecutors warned potential jurors that the trial will include graphic photos and testimony from witnesses with felony convictions.

"Can you keep in mind that if you cast a play in hell, you're not going to get angels for actors?" prosecutor Cal Rerucha asked.

In addition to blaming McKinney for the murder last week, Henderson's defense admitted that Shepard's blood was found on his jacket and that he drove the vehicle into which Shepard was lured. Both sides hope to pick a 12-jury panel by April 6, the anticipated date of opening statements.

Court TV's Clara Tuma and The Associated Press contributed to this report.

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