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Daniel Hauff’s Gay Bashers Found Innocent Because He Couldn’t Recall What He Did the Day After

Benjamin Eder, Kevin McAndrew, and Sean Little (pictured, L-R) were found not guilty of aggravated battery nor a hate crime. Or as we like to call it, beating the crap out of Daniel Hauff on the train.

Even thought the bashing was caught on a cell phone camera, a Cook County judge questioned Hauff’s credibility after he was cross-examined for seven hours. “The victim is not to be believed,” Judge Diane Cannon concluded. “His inability to recall who did what is understandable. His inability to recall what he did the day after this incident is not understandable.”

Hauff’s attorney was shocked to hear the verdict. Even though it was a uphill battle trying to prove this was a hate crime, the fact that there was a photo should have been enough irrefutable evidence of aggravated battery. Unfortunately, the photo was taken by a convicted drug dealer.

As for Hauff, well he sure as hell doesn’t take the train anymore.

By:           Oscar Raymundo
On:           Dec 2, 2011
Tagged: , , , , , , ,

  • 38 Comments
    • kylew
      kylew

      Dianne Cannon is a total idiot. I can’t recall what I did the day before yesterday, yet alone the day after a traumatic incident. Perhaps she should run her comments by someone with more than 50 brain cells before making them?

      I really don’t understand how there can be any problem proving a video recorded beating. Shocking.

      Dec 2, 2011 at 7:26 am · @ReplyReply to this comment ·
    • Randi
      Randi

      Is this judge out of his mind? Photographic evidence isn’t reliable because the photograph was taken by a drug dealer. And I suppose the Kennedy film isn’t reliable because it was filmed by a Jew? Come on, get real here the judge is a homophobe is the answer.

      Dec 2, 2011 at 8:04 am · @ReplyReply to this comment ·
    • Ken S
      Ken S

      On the bright side, their names and faces are a matter of public record now. So if someone completely disillusioned with the so-called “justice system” were inclined to take a ‘proactive’ or preventative approach to self-defence and set out to break the arms and legs of a trio of should-be-convicts on the lam, they’d be quite a bit easier to locate and identify. Not that I’d ever endorse such an act as a matter of public record, just making an observation.

      Dec 2, 2011 at 8:28 am · @ReplyReply to this comment ·
    • ChrisC
      ChrisC

      Is there any way that he could take this back to court? I hope does and get’s a trial that has a better outcome. This is disgraceful.

      Dec 2, 2011 at 8:46 am · @ReplyReply to this comment ·
    • ArtNYC
      ArtNYC

      The judge is not qualified, biased or bought.

      Dec 2, 2011 at 9:35 am · @ReplyReply to this comment ·
    • Gigi
      Gigi

      What difference does it make that the victim can’t remember what he did the day after he was viciously attacked? I was attacked once, jumped and beaten by two gay-bashers just for walking on the same sidewalk as them, and the next week was pretty much a blur to me.

      Dec 2, 2011 at 10:05 am · @ReplyReply to this comment ·
    • tazz602
      tazz602

      This judge was clearly ruling from an agenda and not facts in the case. I hope there is some recourse by the people, either a retention vote or something.

      @ChrisC – Nope – found not guilty – double jeopardy applies. Only recourse is civil and that would be expensive and these dolts probably have no money to get anyway.

      @Ken S – While not condoning such an action, I would certainly understand if someone was outraged and angry enough to where it did occur. Maybe we should get an publish address and phone numbers to help keep them safe.

      Dec 2, 2011 at 10:09 am · @ReplyReply to this comment ·
    • MikeE
      MikeE

      And this is where lies the American justice system’s greatest fault.
      The very concept of “double jeopardy” is the antithesis of of a true “justice” system.

      An accused should NOT be able to avoid just punishment and conviction for a crime, simply because of judicial misconduct or incompetence.

      The judge should be removed and charged as an accessory after the fact.

      Dec 2, 2011 at 10:18 am · @ReplyReply to this comment ·
    • I won't grow up
      I won't grow up

      This is a disgrace, but unfortunately not suprising. Until we have full protection under the law. The only recourse Mr Huff has now is a civil suit against these animals.

      Dec 2, 2011 at 10:47 am · @ReplyReply to this comment ·
    • Dionte
      Dionte

      It’s ok, all 3 of them and that Judge will have a place reserved in the lake of fire.

      Dec 2, 2011 at 10:58 am · @ReplyReply to this comment ·
    • Mike in Asheville
      Mike in Asheville

      Please, please, please get a copy editor: “… were found NOT guilty of NEITHER aggravated battery NOR a hate crime.” (Emphasis added.)

      In English, you wrote: The culprits were found not guilty of what? Per your statement, they were found not guilty of neither … nor …. So, what were they found guilty on? So, what were they found not guilty of?

      You wrote the opposite of what you meant: The culprits were found not guilty of aggravated battery and hate crimes.

      Dec 2, 2011 at 11:32 am · @ReplyReply to this comment ·
    • chuck
      chuck

      White judges used to do this all the time down South when whites beat up African-Americans.
      Now judges are doing it to LGBT up North. Not much change to the American legal system.
      Minorities always get the short stick in this country.

      Dec 2, 2011 at 11:39 am · @ReplyReply to this comment ·
    • Henry
      Henry

      @chuck: Used to? White Southern judges are still doing this to black people every chance they can get. It’s not just judges, either, it’s the entire mechanism of law. I know from experience that Asian cops love brutally and persistently harassing people they THINK are black.

      Dec 2, 2011 at 11:51 am · @ReplyReply to this comment ·
    • andy
      andy

      @vernon76, Why are you wasting space with comments unrelated to the article? Get a life!

      Dec 2, 2011 at 12:18 pm · @ReplyReply to this comment ·
    • Q-bert
      Q-bert

      They don’t LOOK violent to me. I’m a little surprised they did it instead of people who are more obviously anti-gay. You know, the kind of people with tattoos all over their faces.

      Dec 2, 2011 at 12:55 pm · @ReplyReply to this comment ·
    • ArtNYC
      ArtNYC

      @Henry: Thank you for spreading/creating the hate. You deserve to sit on the same bench as Judge Diane Cannon.

      Dec 2, 2011 at 12:56 pm · @ReplyReply to this comment ·
    • Henry
      Henry

      Art, your comment is very puzzling. If I’ve spread hate by pointing out that an Asian cop named Charles Rozier is racist, well, I’m flabbergasted. If he didn’t want to be known as virulently anti-black, then he shouldn’t have started hating black people.

      Dec 2, 2011 at 12:59 pm · @ReplyReply to this comment ·
    • kylew
      kylew

      @ArtNYC: Hmmm, I wonder, if Henry knows this to be true, can you credibly accuse him of spreading hate simply for stating the truth, no matter how unpalatable you may find it? There was no vitriol or call to arms in his comments. Is it possible that you have given meaning to his comment that was not intended?

      Dec 2, 2011 at 1:03 pm · @ReplyReply to this comment ·
    • ArtNYC
      ArtNYC

      @Henry: Henry, maybe Charles Rozier is a racist, maybe not..that’s not the point here. You stated Asian COPS. Generalizing all Asia cops are racist. In any case, your comment is not in the right forum. Peace.

      Dec 2, 2011 at 1:06 pm · @ReplyReply to this comment ·
    • ArtNYC
      ArtNYC

      @kylew: Can it be true that all Asian cops are racist??? Go stir shit in your own pot.

      Dec 2, 2011 at 1:10 pm · @ReplyReply to this comment ·
    • Henry
      Henry

      I’m pretty dernnn sure Charles Rozier is as racist as they come, and nowhere does the word “all” appear in my post, Art. It’s true that minority-race cops pretty much hunt down non-whites (including non-whites of their own race) because they have something to prove, to themselves or their superiors.

      Dec 2, 2011 at 1:12 pm · @ReplyReply to this comment ·
    • kylew
      kylew

      @ArtNYC: Look buddy, when you make a post on a public forum, it’s as much my pot as anyone’s. If you don’t like people responding to your precious comments, don’t make them.

      Dec 2, 2011 at 1:16 pm · @ReplyReply to this comment ·
    • ArtNYC
      ArtNYC

      @kylew: Constructive and relevant comments are welcome. Guess this is lost on you. It’s okay. Life goes on.

      Dec 2, 2011 at 3:41 pm · @ReplyReply to this comment ·
    • kylew
      kylew

      @ArtNYC: I made a constructive relevant comment. I observed that Henry did not, as you suggested, appear to be promoting hate. However, I made the mistake of disagreeing with you, which obviously a crime in your little universe.

      See – we can both do sarcasm. Of course, if you hadn’t jumped down Henry’s throat in the first place, then rude and defensive in the second, it wouldn’t be necessary. I think it must be that time of the month for you.

      Dec 2, 2011 at 4:01 pm · @ReplyReply to this comment ·
    • Kev C
      Kev C

      If they didn’t beat up the gay guy, I wonder who did.

      Dec 2, 2011 at 4:03 pm · @ReplyReply to this comment ·
    • ArtNYC
      ArtNYC

      @kylew: Yes you are right as always as usual as ever. Happy? Enjoy trolling.

      Dec 2, 2011 at 4:08 pm · @ReplyReply to this comment ·
    • Out for Justice
      Out for Justice

      I was there for the entire trial and about half of the court calls for this case. Proving a hate crime is very difficult, but Daniel wanted to make this as public as possible, which in the end hurt the case. They say that you can either have media presence or justice, not both. Daniel did the right thing talking to the media because we have to wake up and see that we have a big problem in this country with hate crimes, especially against the LBTQA community. And it is on the rise, not the decline as the FBI and many police officials will report. Getting back to this story, officials handled this case terribly from the get go. It is not Daniel’s fault and Judge Cannon may very well be homophobic. It is up to people in the City of Chicago to make sure this woman does not get re-elected next term. Daniel Hauff is amazingly brave and I can only hope I would be too.

      Dec 2, 2011 at 4:25 pm · @ReplyReply to this comment ·
    • Kev C
      Kev C

      The photo from Out for Justice’s FB:
      http://www.facebook.com/pages/Out-for-Justice-Chicago/179638122110244

      Dec 2, 2011 at 4:34 pm · @ReplyReply to this comment ·
    • OFJ
      OFJ

      I was there for the entire trial and about half of the court calls for this case. Proving a hate crime is very difficult, but Daniel wanted to make this as public as possible, which in the end hurt the case. They say that you can either have media presence or justice, not both. Daniel did the right thing talking to the media because we have to wake up and see that we have a big problem in this country with hate crimes, especially against the LBTQA community. And it is on the rise, not the decline as the FBI and many police officials will report. Getting back to this story, officials handled this case terribly from the get go. It is not Daniel’s fault and Judge Cannon may very well be homophobic. It is up to people in the City of Chicago to make sure this woman does not get re-elected next term. Daniel Hauff is amazingly brave and I can only hope I would be too.

      Dec 2, 2011 at 5:19 pm · @ReplyReply to this comment ·
    • Mike
      Mike

      How come half of these threads get the name Charles Rozier brought up? I don’t even know who he is, nor do I care, especially when the subject is three kids being found not guilty of a hate crime they totally committed. Unless one of their names is Charles Rozier, how is this relevant at all to the topic?

      Dec 2, 2011 at 6:32 pm · @ReplyReply to this comment ·
    • Alex
      Alex

      @Mike in Asheville: This brave guy gets to watch his attackers walk out of the courtroom without so much as a slap on the hand and all you care about is the grammar of the writer? SMH….

      Dec 2, 2011 at 8:09 pm · @ReplyReply to this comment ·
    • Kev C
      Kev C

      @OFJ:
      It certainly does appear that Judge Cannon is demonstrating a bias, or she’s batshit crazy. Throwing out the evidence and testimony of the eyewitness is weird. But Hauff was grilled for 7 hours in her courtroom. Putting victims on trial is unacceptable.

      Judge Diane Gordon Cannon is unqualified to be a judge and needs to be removed.

      Dec 2, 2011 at 9:36 pm · @ReplyReply to this comment ·
    • Scott
      Scott

      Everyone, get out your torches and pitchforks …

      Dec 3, 2011 at 3:27 pm · @ReplyReply to this comment ·
    • RLS
      RLS

      Um… QBert if they “looked” a little more violent to you would they be more acceptable as gay bashers? I dunno maybe if they had tattoos or were black?

      They’re cute and white so they can’t possibly be bashers?

      Jesus, what an idiot.

      Dec 4, 2011 at 1:34 am · @ReplyReply to this comment ·
    • Andy
      Andy

      As we all know, photos taken by convicted druggies are suspect.

      Dec 4, 2011 at 2:40 am · @ReplyReply to this comment ·
    • Typical Chicago Corruption
      Typical Chicago Corruption

      A corrupt homophobic judge ruling in favor of gay-bashers… just another day in the most corrupt city in the Western world.

      Dec 4, 2011 at 4:27 am · @ReplyReply to this comment ·
    • veronica
      veronica

      So Judge Diane Cannon….What did you do the day after this? I can almost guarantee you have no answer to me because nobody remembers that far back. You are a disgrace to your community to be put on a pedestal for no good reason.

      Dec 6, 2011 at 2:02 am · @ReplyReply to this comment ·
    • MattGMD
      MattGMD

      Queerty isn’t alone is referring to the three gay-bashing thugs as being “found innocent” rather than the actual court decision of “not guilty.” An acquittal is not a finding of innocence. Hate crime charges are very difficult to prove in court and as a result can unfortunately tank the whole case rather than just the hate crime portion. However, for this presumably sane judge to proclaim that Hauff was “not credible” based on his inability to remember what he did the day after being violently attacked is baffling.

      Dec 8, 2011 at 5:53 pm · @ReplyReply to this comment ·

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