Joseph Biedermann, who was accused of first-degree murder in the 2008 death of Terrance Michael Hauser, was acquitted by a Cook County jury July 10, the Cook County State's Attorney's office told Windy City Times.
What makes this case particularly unique is that Biedermann claimed he was defending himself against a sexual advance from Hauser—which several have called a "gay-panic defense."
Biedermann had met Hauser hours before at a bar near the Barrington Lakes Apartment Complex in Hoffman Estates, where both men resided, the Daily Herald reported. The defendant claimed he passed out on Hauser's couch; when he woke up, Biedermann said that Hauser was threatening him with a four-foot-long sword to his neck. A fight reportedly ensued, and Biedermann allegedly stabbed Hauser 61 times with a dagger.
Both men were drunk, the Chicago Sun-Times reported.
In his closing argument, Cook County Assistant State's Attorney Mike Clarke showed the jury photographs of the grisly crime scene and said, "A picture speaks a thousand words—and the pictures in this case speak volumes," according to the Herald. Clarke called Hauser's death "a cold, brutal, senseless killing." ( Mike Gerber was the other prosecutor in the case. )
Defense attorney Sam Adam Jr.—who represented singer R. Kelly in 2008 and is ex-Gov. Rod Blagojevich's lawyer—told Windy City Times that "the crux of our defense was self-defense." When asked how he was able to convince the jury that 61 "total injuries" ( Adam's term for what Hauser suffered, which included "48 stabbings" ) constituted self-defense, Adam said, "It was the way the attack happened. Hauser was on top of Biedermann, and [ Biedermann ] tried to push him off. Also, the forensic evidence [ supported the theory of ] self-defense."
Adam took exception to the term "gay-panic defense." "This was an issue of power, not sexual orientation," he said. "It doesn't reflect on anyone's orientation; it was about someone who was trying to prey on someone else. ... I understand the frustration of people; people don't know all the facts."
Joe Magats, deputy chief of the criminal prosecutor's bureau for Cook County State's Attorney's Office, told Windy City Times that first-degree murder was the only option for the jury. "The defendants did not request second-degree murder [ a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility ] ," he said. "In doing so, the defendant was going against the advice of his defense attorney."
Magats said that he had not heard of the term "gay-panic defense" until last week, but added that "a common defense strategy is, for lack of a better term, to 'dirty up' the victim, and make the victim seem to be something less—in this case, to make the victim [ look like a sexual predator ] ."
"There can be no appeal of this case after a finding of not guilty," Magats added.