Lawyers for Aaron McKinney, 22, who could get the death penalty if convicted of murdering Shepard, had rested their case Monday, several hours after the judge barred them from using a so-called ``gay panic defense.''

This morning, District Judge Barton Voigt gave jurors a lengthy list of instructions, in advance of closing arguments.

About 70 people were in the courtroom, including Shepard's parents, Dennis and Judy Shepard. McKinney's father, William McKinney, sat across the aisle.

Shepard was lashed to a fence on the prairie last year, beaten and left to die.

On Monday, Voigt ruled that the strategy adopted by McKinney's lawyers was akin to temporary insanity or a diminished-capacity defense -- both of which are prohibited under Wyoming law.

``What the defendant is trying to do is to raise a mental status defense that is not recognized by Wyoming law,'' Voigt said. ``Even if relevant, the evidence will mislead and confuse the jury.''

The attorneys on both sides are prohibited from commenting by a judge's gag order.

During opening statements last week, McKinney's lawyers said painful memories of a homosexual encounter in his youth prompted him to lash out violently when Shepard made a sexual advance.

A ``gay panic'' defense is built on the theory that a person with latent gay tendencies will have an uncontrollable, violent reaction when propositioned by a homosexual.

Denver-based legal analyst Andrew Cohen said the defense had little to stand on after the ruling.

``If you're planning on one particular strategy as the lynchpin to your success and the judge throws it out, option B doesn't seem that appealing,'' he said.

The defense called seven witnesses, including two men who claimed Shepard made unwanted sexual advances toward them.

Other lawyers noted that McKinney's attorneys still could argue that the crime happened in a moment of passion.

``This was gravy or frosting, but it certainly wasn't the whole shooting match,'' said Carbon County prosecutor Tom Campbell. ``They must have known ahead of time that their odds for getting that into evidence were slim and I don't think good lawyers rely on evidence that is slim.''

Prosecutors said McKinney and Russell Henderson, 22, posed as homosexuals, lured the 21-year-old Shepard out of a bar, drove him to a remote fence and pistol-whipped him into a coma. Police said that robbery was the main motive but that Shepard may also have been singled out because he was gay. Henderson pleaded guilty in April and is serving two life sentences.

Some gay rights leaders have condemned the ``gay panic'' defense as a blame-the-victim strategy. However, Bill Dobbs, a gay New York lawyer and civil rights advocate, said the defense should be allowed wide latitude in death penalty cases.

``Gay panic exists and any gay man knows that just holding the gaze of a straight man on the street and giving him the idea that you might be sexually interested can create a dangerous situation,'' he said.

Among the witnesses who testified Monday was McKinney's stepsister, Afton Timothy. She said that McKinney's girlfriend, Kristen Price, told her that Shepard ``reached over and grabbed Aaron's crotch'' and ``Aaron got mad and hit him in the truck.''

Dr. Robert Lantz, a toxicologist, testified that methamphetamine can cause violent outbursts, especially in chronic users. Defense lawyers have said McKinney's actions were clouded by his use of methamphetamine and alcohol.

Prosecutor Cal Rerucha paused for 60 seconds to let the jury reflect in silence on the one-minute beating inflicted on Shepard before he was left for dead on a fence Oct. 7, 1998.

``Think what 60 seconds was to Matthew Shepard,'' Rerucha said. ``It's a short time if you're eating an ice cream cone. It's a long time if you're descending into hell not knowing what fate will meet you there.''

Public defender Dion Custis told the jury that defendant Aaron McKinney, 22, was in an ``emotional rage'' at the time of the beating.

``(He) is not a cold-blooded murderer, ladies and gentlemen, he reacted,'' she said. ``There was no thought process.''

She said the beating started because of a sexual advance by Shepard, and it continued because McKinney was under the influence of chronic methamphetamine use.

``He hit him too many times. The question is why,'' Custis said. Minutes later, jurors began deliberations. McKinney, 22, could get the death penalty if convicted of murder.

About 70 people were in the courtroom, including Shepard's parents, Dennis and Judy Shepard. McKinney's father, William, sat across the aisle.

Prosecutors said McKinney and Russell Henderson, 22, posed as homosexuals, lured the 21-year-old Shepard out of a bar, drove him to a remote fence and pistol-whipped him into a coma. Police said that robbery was the main motive but that Shepard may also have been singled out because he was gay. Henderson pleaded guilty in April and is serving two life sentences.

Before resting Monday, the defense had called seven witnesses, including two men who claimed Shepard made unwanted sexual advances toward them.

The judge barred the lawyers from using a so-called ``gay panic defense.'' District Judge Barton Voigt ruled that the strategy adopted by McKinney's lawyers was akin to temporary insanity or a diminished-capacity defense -- both of which are prohibited under Wyoming law.

``What the defendant is trying to do is to raise a mental status defense that is not recognized by Wyoming law,'' Voigt said. ``Even if relevant, the evidence will mislead and confuse the jury.''

During opening statements last week, McKinney's lawyers said painful memories of a homosexual encounter in his youth prompted him to lash out violently when Shepard made a sexual advance.

A ``gay panic'' defense is built on the theory that a person with latent gay tendencies will have an uncontrollable, violent reaction when propositioned by a homosexual.

Denver-based legal analyst Andrew Cohen said the defense had little to stand on after the ruling.

``If you're planning on one particular strategy as the lynchpin to your success and the judge throws it out, option B doesn't seem that appealing,'' he said.

Other lawyers noted that McKinney's attorneys still were able to argue that the crime happened in a moment of passion. They just couldn't present the theory that the passion was caused by a specific mental condition.

``This was gravy or frosting, but it certainly wasn't the whole shooting match,'' said Carbon County prosecutor Tom Campbell. ``They must have known ahead of time that their odds for getting that into evidence were slim and I don't think good lawyers rely on evidence that is slim.''

Some gay rights leaders have condemned the ``gay panic'' defense as a blame-the-victim strategy. However, Bill Dobbs, a gay New York lawyer and civil rights advocate, said the defense should be allowed wide latitude in death penalty cases.

``Gay panic exists and any gay man knows that just holding the gaze of a straight man on the street and giving him the idea that you might be sexually interested can create a dangerous situation,'' he said.

Among the witnesses who testified Monday was McKinney's stepsister, Afton Timothy. She said that McKinney's girlfriend, Kristen Price, told her that Shepard ``reached over and grabbed Aaron's crotch'' and ``Aaron got mad and hit him in the truck.''

Dr. Robert Lantz, a toxicologist, testified that methamphetamine can cause violent outbursts, especially in chronic users. Defense lawyers have said McKinney's actions were clouded by his use of methamphetamine and alcohol.

Shepard ``was innocent, but he was also forward, and people reacted to that,'' attorney Dion Custis said. ``We know you people may not like us trying to demean Matthew Shepard in any way, but don't hold that against Aaron McKinney.''

Prosecutor Cal Rerucha countered: ``Matthew Shepard was not an animal to be hung on a fence.''

Shepard, a 21-year-old freshman at the University of Wyoming, was robbed of $20, lashed to a fence on the freezing prairie and pistol-whipped in the head last year in a case that led to calls for hate-crime laws that protects gays.

Police said that robbery was the main motive but that Shepard may also have been singled out because he was gay.

Russell Henderson, 22, pleaded guilty to murder and kidnapping and is serving two life sentences. McKinney, 22, could get the death penalty if convicted.

Defense attorneys have said Shepard's sexual advance triggered painful memories of homosexual encounters McKinney had as a boy.

Custis said the deadly assault began because Shepard grabbed McKinney's genitals, and continued because McKinney was under the influence of chronic methamphetamine use.

``He's not a calculating cold-blooded murder. His nickname is Dopey. He's a drug addict,'' Custis said.

Rerucha paused for 60 seconds during his closing argument to let jurors reflect in silence on the one-minute beating inflicted on Shepard before he was left to die.

``Think what 60 seconds was to Matthew Shepard,'' the prosecutor said. ``It's a short time if you're eating an ice cream cone. It's a long time if you're descending into hell.''

The jury of seven men and five women could convict McKinney of murder or a lesser charge, such as second-degree murder or manslaughter.

As deliberations began, about a half-dozen death penalty supporters gathered next to the courthouse and staged a mock execution by simulating the beating of Shepard.

``We came here to request that the murderer be handed over for an execution,'' said demonstrator Doug McBurney.