``In some ways we've become a nation of excuse makers,'' prosecutor Cal Rerucha said during jury selection in the trial of Aaron McKinney.

The 22-year-old is charged with murder, aggravated robbery and kidnapping with intent to inflict bodily injury or terrorize the victim.

Defense attorney Dion Custis said evidence of drug and alcohol use was relevant to the case.

``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,'' he said.

Custis acknowledged that McKinney was involved in the beating but said his client did not intend to kill Shepard.

Prosecutors say McKinney and Russell Henderson, 22, posed as homosexuals and deceived Shepard into leaving a downtown bar and climbing into a truck with them. Shepard was beaten into a coma and died five days later on Oct. 12, 1998.

Henderson pleaded guilty in April to felony murder and kidnapping and received two life sentences.

If convicted, McKinney could face the death penalty.