LARAMIE, Wyo. -- Prosecutors want two men tried together in the death of Matthew Shepard, the gay college student who was fatally beaten and lashed to a fence to die.
Prosecutor Cal Rerucha has filed a motion to join the cases against Aaron McKinney and Russell Henderson, both 21. Each pleaded not guilty Wednesday to charges of first-degree murder, kidnapping and aggravated robbery. No trial date was set.Henderson's public defender, Wyatt Skaggs, is opposed to a joint trial. And attorneys for McKinney requested that Judge Jeffrey A. Donnell step down from the case. They do not have to provide a reason for such a request.
Documents detailing arguments for the motions were unavailable to the public, and attorneys for both sides refused to comment. Donnell scheduled a closed hearing Dec. 10 on the motion to try the cases together.
Donnell also ordered Rerucha to declare by Dec. 31 whether he will seek the death penalty for the two.
Shepard, 21, was lured from a downtown Laramie bar Oct. 7, beaten and robbed, then tied to a fence outside town and beaten some more, authorities said. He died five days later.