Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter
Gay News Sponsor Windy City Times 2015-05-20
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

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

Amendment to hate crimes law clears General Assembly 2015-05-24
Missouri HIV case gets national attention 2015-05-20
Missing Chicago trans woman located 2015-05-17
Laramie OKs ordinance 17 years after Shepard's death 2015-05-16
Griner, Johnson suspended by WNBA after DV incident 2015-05-15
Black gay man found guilty by Missouri jury of "recklessly infecting" 2015-05-15
Gay engineer involved in Amtrak crash 2015-05-14
Local attorney Bashor new Nat'l LGBT Bar Association boardmember 2015-05-06
ALCC reveals new name 2015-05-06
Life of slain Pakistan activist celebrated in Chicago 2015-05-01
Groups respond to Baltimore and Freddie Gray 2015-04-29
Election dates set for Schock seat; ex-U.S. rep sued 2015-04-22
HRC shares lesson from Indiana with state lawmakers across nation 2015-04-16
Freedom Indiana to work for local nondiscrimination LGBT protections 2015-04-15
Bennett honored; Chairs named; Roosevelt pres named, Hall of Fame benefit 2015-04-15
Report and web forums detail lives of African-American girls 2015-04-14
Poll: Pence, Indiana business hurt by "Religious Liberty" fight 2015-04-13
Florida eye clinic to pay $150,000 in trans/sex discrimination case 2015-04-13
Springfield, MO, repeals nondiscrimination ordinance protecting LGBTQs 2015-04-08
Cities and states issue Indiana travel bans 2015-04-08
Arkansas bill signed by Governor falls short for LGBTs 2015-04-02
Indiana-style bill passed by Florida House Committee 2015-04-02
Open group letter on 2015 violence against LGBTQs, trans women of color 2015-04-02
Progressive gender identity law passes in Europe 2015-04-01
World: Pope eats with inmates; Swedish pronoun; HIV+ candidate 2015-03-31
State's attorney's office launches hate-crimes council 2015-03-31
INCITE! conference comes to Chicago with defiance 2015-03-31
More companies protest Indiana law 2015-03-31
Wal-Mart asks Governor Hutchinson to veto H.B. 1228 2015-03-31
Protesters decry religious-freedom law in Indianapolis 2015-03-28
Angie's List drops expansion plan in Indiana 2015-03-28
Arkansas Senate passes Indiana-style bill, legislation on to governor 2015-03-27
Pence signs "religious freedom" bill into law 2015-03-26
Indiana's Gov. Pence signs religious exemptions bill, groups respond 2015-03-26
Video spoof dramatizes unintended consequences of religious freedom bills 2015-03-25
World news: Plane crash reopened; Swedish singer; Costa Rica bill 2015-03-24
National roundup: Kosilek appeal; GetEQUAL's bill of rights 2015-03-24
ASK LAMBDA LEGAL: Keeping 'affordable' in the Affordable Care Act 2015-03-24
New study: Chicago leads NYC in police stop-and-frisk 2015-03-24
Indiana passes nation's most anti-LGBTQ law 2015-03-23
 



Copyright © 2015 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
Sponsor
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      Post 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.