In
the murder trial of three men charged in the death of
Michael J. Sandy, a 29-year-old gay man believed to
have been targeted by his killers via a gay chat room,
New York State supreme court justice Jill
Konviser-Levine has questioned whether hate was a
motivation, reports The New York Times. The state
Hate Crimes Act of 2000 provides lengthier prison
sentences for murders committed "in whole or in
substantial part because of a belief or
perception regarding the race, color, national origin,
ancestry, gender, religion, religious practice, age,
disability, or sexual orientation of a person."
"Bottom line, is
animus an element of the crime?" Konviser-Levine
wondered aloud, according to the Times.
Prosecutors and
defense lawyers have debated the motivations of John Fox,
20; Ilya Shurov, 21; and Anthony Fortunato, 21, who are
accused of leading Sandy to a parking garage in
New York City's Sheepshead Bay section last
October, beating him, and then chasing him into the
street, where he was hit by a car whose driver then fled the
scene. He died later in the hospital.
Defense lawyer
Gerald J. Di Chirara asked Konviser-Levine to dismiss
allegations of a hate crime because he said "the crimes
alleged are not crimes of hate but rather crimes of
opportunity." (The Advocate)