Victim's Sexual Orientation Off Topic at Next Week's Hate Crime Trial
Last minute rules prohibit defense attorneys from prying into the victim's sexual orientation and showing her mixed martial arts DVD.
Any evidence concerning the fighting abilities or the actual sexual orientation of a woman who was allegedly beaten and robbed for being a lesbian has been barred from a hate crime trial that commences next week.
Mohammed Shaban, 37, of Hickory Hills, and Akram Alshoweat, 25, of Oak Lawn, were arrested for yelling anti-gay slurs in Arabic while punching, kicking and whipping a woman outside a Hickory Hills restaurant in 2010, police said.
Charges related to hate crime and robbery were filed shortly after the men turned themselves in.
Establishing last minute boundaries on defense attorneys, Judge Colleen Ann Hyland ruled Monday that both the woman’s sexual orientation and Shaban’s clean criminal record were irrelevant topics for trial.
Alshoweat, on the other hand, was sentenced to 90 days in Cook County jail for a battery that occurred in Worth in 2007.
Defense attorneys say the woman is a former Olympic Mixed Martial Arts fighter and have entered a DVD of her fighting professionally into evidence.
“She’s just not your average victim who has no specialized skill or training in self-defense,” said Alshoweat’s attorney, Michael Monaco.
“We are alleging she was the aggressor,” Shaban’s attorney, Gregg Smith, would later add.
The DVD will remain off topic unless the defense can find a reason at trial for showing it to a jury.
If, for instance, the woman denies her fighting skills and background, “then I have a right to impeach her,” Monaco said.
Trial begins Feb. 8 at the Cook County Fifth Municipal District Courthouse in Bridgeview.
CJM
8:17 am on Tuesday, January 31, 2012
So, because this woman allegedly had the skills to defend herself, these two slobs are now trying the "blame the victim" strategy?
Sorry dudes, you're not living in a culture that accepts the stoning, killing, or treating of women like property. I hope you both end up at 26th and Cal with big, ugly, mean cellmates who will just be waiting for you to drop the soap.
mom
2:15 pm on Tuesday, January 31, 2012
Shiria Law is not in force here in America. Perhaps these two thugs need to be shipped back to the home land they or their family came from. Two men against one woman no way! DISGUSTING!!!! And Shame on their attorney he is worse than the two pigs he is defending. Im fed up and disgusted!! Things better change in this countrie's judicail system
Azetbur
8:55 am on Monday, February 6, 2012
Michael Monaco and Gregg Smith both need their heads examined.
Mr. Horsefly
8:35 am on Wednesday, February 15, 2012
just goes to note that so called mixed martial arts or marital arts singularly works in a classroom environment but not usually in a street situation. i know well, i studied martial arts for 6 years. it's no guarantee of victory, especially for the weaker sex. better if she had been permitted to carry a firearm. but not in this candy-ass state full of effete men and hysterical, irrational women.