Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2017-10-18
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor
Sponsor

  WINDY CITY TIMES                DOWNLOAD PDF ISSUE

Defendants in Hauff hate crime trial found innocent
News update posted Nov. 30, 2011
by Kate Sosin, Windy City Times
2011-12-07

facebook twitter pin it del.icio.us stumble upon digg google +1 reddit email


Three men accused of beating an openly gay man Daniel Hauff on a northbound Red Line El train while yelling anti-gay slurs have been found innocent.

Judge Diane Cannon ruled on Nov. 30 that Sean Little, Kevin McAndrew and Benjamin Eder were not guilty on charges of aggravated battery and felony hate crime.

The case stems from a January 2010 altercation, during which Hauff claimed he was attacked by the three for interrupting anti-gay bullying. Hauff testified that the three turned their attention to him, kicking and punching him while they called him "faggot" and "stupid faggot." Hauff said that he smeared his blood on the defendants and told them he was HIV-positive in order to ward off the attack. The incident made national headlines.

But Hauff's media blitz in the days that followed the alleged attack came to undo his credibility, said Cannon.

"The victim is not to be believed," she told the court. "It was his media campaign and his agenda that struck fear in the community."

Defense attorneys argued that Hauff recalled details when it was convenient for his case but came up short of answers when cross-examined about things damaging to his story. Prosecutors said that Hauff responded to questions with "I don't know" approximately 150 times.

Further, the defense said, testimonies from Hauff and the witness supporting his case, were glaringly inconsistent.

Christopher Davin, the witness who testified to seeing the fight and helping Hauff on the platform afterward, said that the defendants kicked Hauff before he pushed the emergency button and the train operator came. Hauff testified, however, that the train operator had been called before the men kicked him and that she abandoned him in the car when he thought she was leaving to call police.

Adding to doubt, Davin testified that Hauff collapsed onto him after the beating, smearing blood on his white hoodie. Hauff told the court that he not fallen into Davin, and that he did not know how his blood got on Davin's clothing.

"These two witnesses contradict each other, and their stories internally are just silly," said defense attorney Neil Levine.

Defense attorneys said that it was Hauff who started the altercation, injecting himself into a conversation and acting on false belief that the defendants were bullying someone. They said that Hauff pushed the men and then wiped his blood on them as a threat, at which point Benjamin Eder punched him.

The punched was captured on Davin's cell phone camera and republished by several media outlets, including Windy City Times.

Prosecutors said that the defendants' story was at attempt to explain away the damning image of Eder punching Hauff on the train platform. Regardless of what Hauff remembers, said State's Attoney Dan Kirk, none of his actions warranted the beating that landed him in the hospital that night.

"So forgive Mr. Hauff that he is a little bit rattled," Kirk said. "Who wouldn't be a little bit rattled?"

Kirk said that Hauff had been grilled for an unprecedented seven hours on the stand, and that it was unreasonable to expect the victim of a hate crime to remember every detail about the incident. While Kirk admitted there were inconsistencies in details between witnesses, he said that Davin and Hauff were both clear on the major points.

Finally, he said, the fact that Eder punched Hauff's already bloody face proved that Eder was not reacting to Hauff's alleged threat to infect him with HIV, but was instead continuing a fight the defendants started.

"If someone is saying 'I'm HIV-positive,' are you going to run up to them and touch the blood?" Kirk asked.

In the end, Cannon ruled that Hauff's testimony coupled with his media appearances undermined the veracity of his story.

"He is clear on what he wants to be clear on, and that affects his credibility," she said.

Upon hearing the verdict, the families of Eder, Little and McAndrew broke into cheers and tears of joy.

But Cannon told the courtroom to clear out quietly and without celebration.

"There are no winners in this case," she said.

Hauff, who was absent for the conclusion of the trial, could not be reached immediately for comment.


facebook twitter pin it del.icio.us stumble upon digg google +1 reddit email




Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

World news: Sydney cops, torture victim, suicide study, Prince Harry 2017-10-18
Attny Gen Madigan sues Homeland Security for failing to open immigration files 2017-10-17
Justice Dept. steps in trans murder case 2017-10-16
After removing trans protection, Sessions seeks credit for DoJ work on hate crime 2017-10-15
National Park Service withdraws sponsorship of Stonewall rainbow flag dedication 2017-10-13
Trans Teen Who Died By Suicide Protected By Federal Law, Federal Court Rules 2017-10-13
76 major companies join HRC friend of court brief on lesbian fired by Georgia hospital 2017-10-12
UIC to host second hate-crimes summit 2017-10-11
Egypt: Mass arrests amid LGBT media blackout, activists get death threats 2017-10-07
Movement to End Police Violence in St. Louis is Met with Police Violence 2017-10-04
Suit filed for community group involvement in Chicago Police reform 2017-10-04
U.S. wrong on U.N. death penalty resolution, LGBT-affirming pastor says 2017-10-04
HRC Statement on Mass Shooting in Las Vegas 2017-10-02
5th Circuit denies challenge to Mississippi law, high court appeal to come 2017-10-02
Lincoln Square Rallies to Support Gay Couples Affected by Hate Graffiti 2017-10-01
Transgender teen brutally murdered in Missouri 2017-09-30
Census Bureau reverses previous decision to exclude LGBTQ question 2017-09-28
Hate group Alliance Defending Freedom center of anti-LGBTQ industry 2017-09-28
National LGBTQ Task Force Fights Trump Census Bureau Erasure 2017-09-27
Equality Illinois gala to honor Planned Parenthood and Jim Bennett 2017-09-27
National roundup: Catholic Univ.; amfAR battle; Texas hate-crime assaults 2017-09-26
Lawyers say school didn't stop racial harassment, retaliated against student 2017-09-26
Lambda Legal Welcomes Jamie Gliksberg as New Staff Attorney in Chicago 2017-09-26
U.S. Senator Tammy Baldwin protects LGBTI human rights in foreign policy 2017-09-26
Advocates for Student Sexual Assault Survivors condemn Education's ending guidelines 2017-09-25
Groups watch for judges setting money bonds too high for many to pay 2017-09-25
Hate graffiti sprayed on homes of Lincoln Square families 2017-09-24
F U Hate fundraiser for LGBTQ, immigrant Children's Rights Oct. 1 2017-09-23
DeVos reverses Obama-era guidelines to schools on sexual assault 2017-09-22
State ACLU retains Guidetti as lawyer 2017-09-20
Guidelines issued regarding Equifax breach 2017-09-20
World news: Jewish lawmaker, LGBT crimes, trans school reopens 2017-09-20
Trans woman is 20th killed this year 2017-09-18
Civil Asset Forfeiture Reform (HB 303) removes financial incentives for local police 2017-09-18
Brave Space Alliance to create trans drop-in spot in new home 2017-09-13
World news: UK hate crimes, intersex report, Irma damages center 2017-09-13
Gay Seattle mayor resigns 2017-09-13
The Illinois Holocaust Museum to unveil Take A Stand Center 2017-09-08
Cook County judge finds former Chicago priest a Sexually Violent Person 2017-09-08
PFLAG responds to DeVos' planned change to campus sexual assault guidance 2017-09-08
 



Copyright © 2017 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Submit an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.