THE MATTHEW SHEPARD SLAYING
				Discuss the case Nov. 19 1998 Update Dec. 11, 1998 Update Russell Henderson's Guilty Plea and Sentencing June 25 Update Oct. 8 1999 Update (Background Report) Oct. 11 (Jury Selection) Oct. 14 Update Oct. 22 Update Oct. 25 Update (Opening Statements) Oct. 26 Update Oct. 27 Update Oct. 28 Update (Morning) Oct. 28 Update (Afternoon) Oct. 29 Update (Morning) Oct. 29 Update (Afternoon) Nov. 1 Update (Morning) Nov. 1 Update (Evening) Nov. 2 Update (Closing Arguments) Nov. 3 Update (Jury Deliberations) Nov. 3 (The Verdict) "Gay Panic" Ruling

LARAMIE, Wyo. (Court TV) — When Aaron McKinney's lawyer suggested to prospective jurors Monday that his client's slaying of Matthew Shepard was influenced by drug and alcohol abuse, he hoped to gain understanding — and perhaps sympathy — for McKinney. But not surprisingly, as jury selection continued Wednesday, prosecutors suggested that McKinney's alleged excuse for murder should not be accepted.

"In some ways, we've become a nation of excuse makers," prosecutor Cal Rerucha said Wednesday.

Wyoming prosecutors are seeking the death penalty against McKinney, whom they say was the mastermind behind Shepard's brutal slaying last October. McKinney along with co-hort and former friend, Russell Henderson, met Shepard at a bar, allegedly pretended to be gay and lured the University of Wyoming student into the pickup truck McKinney was driving. There, Shepard was pistol-whipped, beaten, robbed, tied to a fence and left to die in freezing temperatures.

Bloody and unconscious, Shepard was found 18 hours later and taken to the hospital. He died five days after being admitted.

McKinney's lawyer, Dion Custis, said Monday they would not blame Henderson and suggested their client's actions were caused by mental health problems and abuse of alcohol and metamphetamines. Custis reiterated his statement Wednesday, insisting drug and alcohol abuse was not being offered as an excuse.

"Whether or not you feel alcohol or drugs may not be an excuse — and we will not offer that as an excuse — it may have an effect, may have a part in what happens in any situation," Custis said.

Henderson pleaded guilty to a lesser charge of felony murder with robbery and kidnapping as the jury was being selected for his trial in April. He claimed that he witnessed, but did not participate in, Shepard's murder and insisted he did not benefit from the proceeds of the robbery. According to Henderson, it was McKinney's idea to rob and beat Shepard.

Jury selection is expected to last the rest of this week and next week. Opening statements are expected October 25.

Court TV's Bryan Robinson and The Associated Press contributed to this report.

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