At the opening of McKinney's murder trial on Monday, his lawyer said he would not contest that McKinney played a role in the fatal beating of Matthew Shepard last October.

However, attorney Dion Custis told prospective jurors that drugs and alcohol spurred McKinley's actions, and his client's use of those substances would be a core part of his defense.

``What you have to decide in this case is basically a question of why,'' Custis said.

Jury selection continued today in Albany County District Court behind closed doors, with attorneys questioning potential jurors individually. It is expected to take about two weeks to seat the panel. The session was closed because sensitive questions such as feelings about homosexuality and the death penalty could be discussed.

Russell Henderson, 22, is already serving a life sentence after pleading guilty to felony murder and kidnapping in the beating of Shepard. The 21-year-old University of Wyoming freshman died a year ago today, five days after being 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.

McKinney, 22, could face the death penalty if convicted of Shepard's murder. Henderson has been subpoenaed by McKinney's lawyers to testify.

Prosecutors say McKinney, accompanied by Henderson, instigated a plan to rob the 5-foot-2, 105-pound Shepard of $20, but that Shepard may have been targeted because he was gay.

McKinney has said he did not know Shepard was gay and does not hate homosexuals.

In unveiling his defense strategy, Custis said he would not contend that McKinney was insane, but told them ``his mental state will certainly be a crucial question for you to answer.''

``Alcohol will be an issue,'' he said. ``Methamphetamine ... is a big issue and had a big part in this case.''

Shepard's brutal death 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 groups would receive special treatment.

Custis told prospective jurors he was concerned about the widespread attention stemming from the case.

``I don't think anyone here is going to suggest this is a hate crime,'' 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.

By the end of 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.