Three Men Acquitted in Beating of Gay Man on Chicago ‘L’ Train


Sean Little, Benjamin Eder, and Kevin McAndrew were acquitted today in the beating of gay man Daniel Hauff on a Chicago 'L' train in January 2010, the Sun-Times reports:

Hauff“The victim is not to be believed,” Cannon said. “His inability to recall who did what is understandable. His inability to recall what he did the day after this incident is not understandable.”

The Windy City Times adds:

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…

…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.

Defendants in Hauff hate crime trial found innocent [windy city times]
Judge finds three Evanston men innocent of beating gay man on L platform [sun-times]

Previous reports…
Man Attacked on Chiago 'L' Train, Said He Was HIV-Positive to Escape [tr]
Three Men Get Hate Crime Indictment for Anti-Gay Chicago Attack [tr]


  1. Paul R says

    There weren’t any witnesses?

    Short-term memory loss is common after an injury, but he definitely could have helped his case. Though I was mugged last year and the police said they couldn’t prosecute without a witness. Which was absurd, since I’d just gotten off the subway (alone) in a dubious part of town, they immediately caught the guy, had evidence of his accomplices using my credit cards within the hour, video of him dragging me to unconsciousness from a surveillance camera, and a long history of thuggery (he’d been released from jail two hours earlier, was violating his probation by being in the area, and was charged with 6 felonies and 9 misdemeanors). He also called me a stupid faggot before I went out as he strangled me.

    And he got off with no charges. In San Francisco. The detective on the case said that it was because the police were too busy keeping public order after the Giants won the World Series. Lamest excuse ever. As though the city was engulfed by riots.

  2. Brian in Texas says

    If he fabricated this story AND used the “I have AIDS I’ll wipe my blood on you” defense during the attack; he is deplorable. Promoting stereotypes and stepping on the face of actual people living with hiv/aids and those who’ve been victimized by hate crimes.

  3. mboaz says

    Paul R. –

    I’m really sad this happened to you AND that there was no prosecution after the attack. Shame on them! Shame!

  4. Paul R says

    @MBoaz: Thank you, that’s very kind. I never thought it would happen to me, as I’m over six feet, fairly built, and usually look a bit mean—on purpose—in rough areas. Alas, it did. There’s not much defense when one gets unexpectedly strangled/choked and dragged in a V-hold from behind.

    So remember that if you ever want to really hurt someone, in more ways than one. The detective said it’s the most effective way to take someone down without using a weapon. Cuts off the carotid arteries and you’re out.

  5. vanndean says

    Brian in Texas — Any defense in war or threat of great bodily harm is acceptable if the person lives to tell the tale. As he was being attacked, I am sure that he did not think about not appearing as a stereotype or your tender sensibilities about someone’s image. He was justified in getting bashers off of him in any way possible. More gay people need to learn defense and go armed when they know they are going to be in bad neighborhoods.

  6. Fenrox says

    @Chris, Ha, is that a trend? Do all the posts with any race issues get more comments? There are a creepy amount of racists here.

  7. Miche Rutledge says

    I hate how the media misrepresents trial outcomes. They were found Not Guilty, not Innocent. There is no such thing as a jury finding of “Innocent”.

    Not Guilty means the jury (or judge, if not a jury trial) found that the government didn’t meet the high “beyond a reasonable doubt” evidentiary standard, not that the accused didn’t do the alleged crime.

    That’s why someone like OJ Simpson can be found Not Guilty at a criminal trial, but found Guilty under a civil case where the evidentiary standard is easier to meet.

  8. Derrick from Philly says


    Yes, I was thinking the same thing. And I suppose most Black Gay visitors to Towleroad were thinking the same thing.

    I decided that I will come to Towleroad for the great coverage of news stories, but I won’t read the comments all the time. I won’t read the comments that deal with race. Not just because of the racist b.tches, but also because most of the racist b.tches don’t know a damn thing about the history of race in America. They just hate Black people, and that has to include Black Gay people.

    That story last week about that intellectually limited, bigoted rapper, TI–I didn’t even read the comments. I knew the racist b.tiches’ comments wouldn’t be worth reading or responding to. Many Black visitors to Towleroad have taken that attitude. I finally realized that was the best strategy. I got tired of fantasizing bashing in the skulls of Max, Ratbastard, DanCornCobbb, AllBeefPatty, Rick and the rest of Towleroad’s Queer Klux Klan (ugly azz pale b.tches).

    PAUL R,

    I’m glad you’ve recovered from that horrible event–physically and mentally. Your mental/emotional recovery shows what real strength is. A lot of Gay people have that kind of strength. It just takes many of us years to realize it.

  9. Snottyboy says

    I know Daniel. He has dedicated a large portion of his life to putting a stop to animal cruelty so I find it rather incredulous that people here might have disparaging things to say about him. I know this incident is not something he would make up, exaggerate or misrepresent.

    I hope nothing like this happens to any of you.

  10. Paul R says

    @Derrick: I love you. The past year has sucked. I got mugged three more times (when volunteering in an even cruddier area), nearly died in a car accident, had a concussion, had a seizure that no doctor can explain, had my car and then identity stolen, and my dog was diagnosed with cancer. It’s been nonstop, with something new and awful every f’ing month.

    Needless to say, I look forward to a different 2012. And I hate the racist idiots on here a ton, as I think (or at least hope) that you know. No one with even a marginal IQ can be racist.

  11. Max says

    Hey, let’s hijack a gay-bashing and make it all about race! It works so well with economic issues and unemployment, doesn’t it? Race! Race! Race! Me! Me! Me!