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June 21, 2007

Hate-crime definition reevaluated in murder case

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)

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