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LARAMIE, Wyo. (AP) -- Aaron McKinney beat gay college student Matthew Shepard on the windswept Wyoming prairie but his judgment was clouded by drugs and alcohol, McKinney's attorney said Monday as jury selection began in his murder trial. Lawyer Dion Custis said he would not point the finger at Russell Henderson, McKinney's co-defendant who has pleaded guilty to murder and is serving life in prison. ``We're not going to contest the cause of death or that he died as a result of a beating from Aaron McKinney along with Russell Henderson,'' Custis said. He said he would not contend that McKinney was insane, but said ``his mental state will certainly be a crucial question for you to answer.'' Custis' comments marked the first time he has unveiled a strategy for defending McKinney, who is facing the death sentence if convicted of murder. Shepard, 21, a University of Wyoming freshman majoring in political science, died a year ago Tuesday, five days after he was lured out of a bar, driven to a remote spot on the freezing prairie, lashed to a wooden fence and pistol-whipped into a coma. Prosecutors say McKinney, 22, accompanied by Henderson, also 22, instigated the crime to rob the 5-foot-2, 105-pound Shepard of $20, but that Shepard may have been targeted because he was gay. Henderson is expected to testify for the prosecution. Custis told the prospects he was concerned about the widespread attention stemming from the case, which brought gay-rights issues to the forefront. ``I don't think anyone here is going to suggest this is a hate crime,'' he said. Prosecutor Cal Rerucha warned the juror candidates that they must treat both sides fairly, regardless of their prejudices. ``Whether you're Catholic or Muslim, if you are straight or gay, everyone is treated equal,'' he said. As the trial began, a few anti-gay protesters demonstrated outside the courthouse, along with people who came to honor Shepard's memory, wearing angel costumes to spread what they said was a message of love. Inside, McKinney talked quietly with his lawyers, looked at his notes and smiled occasionally as the attorneys spoke. McKinney has said he had no idea Shepard was gay and does not hate homosexuals. The killing provoked a national debate over hate crimes and led to measures across the country adding sexual orientation to anti-discrimination laws. However, hate-crime legislation failed in Wyoming last winter after lawmakers argued that gays and other protected groups would get special treatment. The trial also opened on the day that gay activists call National Coming Out Day and the beginning of Gay Awareness Week. In San Francisco, the Rev. Jerry Falwell marked the occasion by preaching to gays and lesbians about how to ``come out of homosexuality.'' By the end the day, 21 prospective jurors had been dismissed, including a man reporters saw pass a note to Shepard's mother during the lunch break. The man indicated the note expressed his condolences. The pool of 256 candidates is about the average size for a murder case in Laramie. McKinney's father, William, sat near the back of the room, his eyes cast downward. He was accompanied by three supporters. On the other side of the aisle, Shepard's parents, Dennis and Judy, sat in a back row. Seventeen members of a group called Angel Action, wearing golden halos and costumes made of white bedsheets, stood silently in the street. Spokeswoman Romaine Patterson, 21, of State College, Pa., said the group wanted to send a message of love. Nearby, six followers of the Rev. Fred Phelps, 69, of Topeka, Kan., waved signs bearing anti-gay slogans. Many residents in Laramie appeared to be taking little notice. ``You know, maybe the town just wants it over,'' said Ben Rashford, 23, a University of Wyoming graduate student. ``Laramie is not that different than any place else. People like to think that but it's not.''
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