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 2015-07-01
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


  WINDY CITY TIMES

Hauff takes the stand in hate-crime trial
News update posted Nov. 9, 2011
by Kate Sosin, Windy City Times
2011-11-16

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


Daniel Hauff, the victim of an alleged anti-gay hate crime, took the stand on Nov. 7 and described how three men kicked and punched him while calling him "faggot" and "stupid faggot" on a northbound Red Line train in January 2010.

But after two days of painstaking accounts and questioning of Hauff and witnesses, the trial failed to wrap up and was continued until the end of the month.

Sean Little, Kevin McAndrew and Benjamin Eder are facing counts of aggravated battery and felony hate crime after a witness snapped photos of the three on the Argyle train platform where Hauff was beaten. The three men pled innocent and are standing trial in Criminal Court.

Hauff alleges that McAndrew, Eder and Little "gay bashed" him after he tried to intervene on behalf of another man who they were bullying near the Red Line Belmont stop. Hauff told the court that the three turned on him, calling him "faggot" and asking if the young man was his boyfriend.

"It was aggressive, and it was loud," Hauff said.

Hauff said that Sean Little then touched his face, causing him to walk backwards and stumble. He said he pushed the emergency button on the train for help, but that the conductor walked away without calling police. Then, he said, the three men began punching and kicking him.

"It felt like forever," Hauff said on the stand. "When I got off the train, I was punched in the face by Eder, and I tried to smear my blood on the face of the defendants."

Hauff claimed that it was only after he told them he had AIDS that they relented.

The three men were arrested at the Argyle stop after the altercation, and Hauff was transported to Swedish Covenant Hospital and released hours later.

Defense attorneys for the three men said that the they were minding their own business when Hauff picked a fight, and that the three acted in self defense.

"There are two sides to every story," said Daniel Coyne, McAndrew's attorney. "Mr. Hauff made contact with Mr. Little, at which point he was struck … . Mr. McAndrew did get smeared with blood at which point he pushed."

Defense attorneys told the court that McAndrew, Eder and Little were talking about football when Hauff decided there was a problem and injected himself into the conversation, refusing to leave the men alone and then pushing them.

Coyne grilled Hauff for close to six hours over the course of two days on his recollections of the night, drawing attention to the parts that were fuzzy. Hauff failed to clearly detail where he had been earlier in the day, how much alcohol he consumed throughout the entire evening and what exactly he later told the press about the incident.

Hauff's lack of commitment to responses appeared to exasperate Judge Dianne Cannon, who several times burst into near shouts at the plaintiff.

"You're going to have to commit to something, sir … . You can't keep changing your testimony," she said loudly, reddening in the face. "Listen to the question. If you don't know, say 'I don't know.'"

In total, prosecutors said, Hauff responded "I don't know" to approximately 150 questions.

Christopher Davin, the witness testifying on behalf of Hauff, recalled a different chain of events than the prosecution laid out in their opening arguments and Hauff later recounted.

According to Davin, the defendants kicked Hauff repeatedly before he pushed the emergency button and the train operator came. Davin said that all five of the men remained in the car after that incident until Argyle when the attack spilled onto the platform.

Hauff testified immediately after Davin that the train operator had been called before he was kicked.

Perhaps further confusing the two testimonies was Davin's assertion that Hauff fell into him, smearing blood on his white hoodie. Hauff told the court that he never fell into Davin and that he was not certain how his blood ended up on Davin's clothing.

Following the two testimonies, the defense compelled the judge to immediately issue "not guilty" verdicts, stating that the discrepancies in the testimonies were too great. The judge denied their request and resumed the trial.

The court heard accounts from the CTA operator, Hauff's ER doctor and the detective put on the case.

The CTA operator claimed that she stopped the train and offered to call the police, fire department or an ambulance for Hauff. She said that he declined to move train cars and later swore at her. She added that the three defendants also declined to move cars.

Hauff previously told the court that he stayed on the train because he thought the operator was calling police on his behalf.

Sitting in support of Hauff was LGBT court watch group, Out for Justice. That group has been following the Hauff trial from the start, they say to support him and send a message that the LGBT community cares about his case.

The second day of trial ended before closing arguments could be made. Those have been rescheduled for Nov. 30.


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

Katz named to State Bar Assoc'n Sexual Orientation, Gender ID Committee 2015-07-01
Global homophobia report released 2015-07-01
State Department Report documents LGBT Human Rights Violations 2015-06-30
Texas victim of a hate motivated violence dies 2015-06-30
CPD: 52 arrests related to Pride 2015-06-29
New Jersey jury finds JONAH guilty of consumer fraud 2015-06-26
IHRC orders $30,000 penalty from Fair Housing Violator 2015-06-25
Kyrgyzstan passes draft anti-LGBT propaganda bill worse than Russia's law 2015-06-24
Trans teen murdered in Alabama 2015-06-24
Lavender Law conference, career fair return in August 2015-06-24
LGBT groups call for removal of Confederate flag from 'public square' 2015-06-24
Report on violence: LGBTQH still disproportionately targeted 2015-06-23
New law follows Berwyn mirror controversy 2015-06-21
Leaders call massacre at historic Black church in Charleston a national tragedy 2015-06-18
REPARATIONS The long battle for police torture survivors 2015-06-17
Equality Florida's statement in support of #BlackLivesMatter 2015-06-12
Lambda condemns religious refusal bills in Michigan and North Carolina 2015-06-11
Trans woman petitions for early release from Elgin facility 2015-06-10
World news: Japanese LGBTIs; clashes in Russia and Ukraine; UKIP banned 2015-06-09
National roundup: Federal guide; Pence's misstep; Stonewall Inn 2015-06-09
Nat'l report out on hate violence against LGBTQ, HIV-affected communities 2015-06-09
Lightfoot named as Chicago Police Board head 2015-06-06
CAPS meeting discusses murder aftermath, parade plans 2015-06-06
THEATER REVIEW Crime Scene: The Next Chapter 2015-06-03
Law student receives fellowship to work on LGBTQ youth issues 2015-06-02
Courage Campaign: CTA aims to discourage harassment via ads 2015-06-02
World news: Kazakhstan law struck down; marriage developments 2015-06-02
Dennis Hastert's congressional legacy 2015-05-31
Man held without bond in fatal Lake View robbery 2015-05-31
Reports: Hastert 'misconduct' involved sexual-abuse claims 2015-05-29
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
 



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

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.