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) — Displaying graphic photos of Matthew Shepard's bloody face, a pathologist told Wyoming jurors Tuesday that Shepard died from massive blunt trauma injuries to his head and face.

According to coroner Patrick Allen, Shepard suffered at least half a dozen fractures and was struck at least 20 times. The University of Wyoming student's injuries, Allen testified, could not have been caused merely by human hands; the extent of his injuries suggested that he was most likely struck by an object. Allen could not say for sure whether Shepard was struck with the .357 Magnum prosecutors believe Aaron McKinney used in the fatal beating.

Wyoming prosecutors say McKinney was the mastermind behind Shepard's brutal slaying last October. McKinney, along with cohort and former friend Russell Henderson met Shepard at a bar, allegedly pretended to be gay and Shepard into the pickup truck that McKinney was driving. There, Shepard was pistol-whipped, beaten, robbed, tied to a fence and left to die in freezing temperatures.

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

Shepard also suffered various other injuries to his body. Allen said that marks on Shepard's hands suggest that the additional injuries may have occurred as Shepard tried to shield himself from the blows. However, McKinney's defense suggested on cross-examination that some of the injuries may have been inflicted by treating doctors who tried to get the severely wounded Shepard to respond to pain stimuli.

The defense has admitted McKinney was responsible for Shepard's death. However, in opening statements Monday, defense attorney Jason Tangeman said Shepard's alleged unwanted sexual advances on McKinney led to his own death. Tangeman said Shepard, not McKinney, was the aggressor the night the University of Wyoming student died; Shepard allegedly sought out McKinney and Henderson for a ride. Tangeman suggested that Shepard was looking for a sexual partner that night and even gave McKinney a false home address while they drove. According to the defense, Shepard made an unwanted advance towards McKinney by putting his hand on the defendant's groin and sticking his tongue in McKinney's ear.

McKinney appears to be presenting a so-called "gay panic" defense. According to defense, Shepard's alleged advance sent McKinney into an uncontrollable rage that was aggravated by his abuse of alcohol and methamphetamines and his own prior homosexual experience. Tangeman said McKinney was sexually abused by a male neighborhood bully when he was 7 years old and had a "confusing" experience at age 15 with one of his cousins. Tangeman stressed that during this fit of rage, McKinney "blacked out" for five minutes and does not remember much of what happened.

In testimony that could undermine the defense, a prosecution witness told jurors about an altercation he had with McKinney and Henderson after Shepard's beating. According to Jeremy Herrera, McKinney argued with a friend, Emilio Morales, pulled a gun on him, and then clubbed him from behind. This incident eventually led to McKinney's arrest and link to Shepard's slaying.

Tangeman and co-counsel Dion Custis have stressed that McKinney is not guilty of murder in Shepard's death. They say their client did not mean to kill Shepard and suggested that robbery was not a motive. Instead, the defense said, McKinney should be convicted of manslaughter.

Prosecutors Tuesday also called the bartender who saw Shepard with McKinney and Henderson the night of the beating. Matthew Galloway described Shepard as well-dressed and polite and did not seem depressed or desperate for company. On the other hand, the bartender said, McKinney and Henderson were "grungily-dressed," bought the cheapest beer, and paid for it with nickels and dimes. However, the witness did not know whether Shepard approached McKinney and Henderson first or whether they initially pursued the victim.

Douglas Ferguson, the bouncer at the bar, testified that he checked the identification cards of both McKinney and Henderson when they entered and saw the two later talking to Shepard. Neither Galloway nor Ferguson noticed any hostility between Shepard and the two defendants. None of them, Ferguson and Galloway said, appeared to be drunk. If convicted of Shepard's murder, McKinney could face the death penalty.

— Bryan Robinson