Hung jury in hate-crime trial Hung jury in hate-crime trial (October 15, 2004)

Panel votes 10-2 for acquittal

By Jon Wiener

The trial of a third man accused of participating in an attack on a Mountain View resident ended in a mistrial last week, with the jury deadlocked 10-2 in favor of acquittal.

Jerrod Cohn of Spokane, Wash., was charged with a hate crime for allegedly punching Angel Santuario in the back of the head in October 2003. Cohn said he tried to stop his drunken co-workers from attacking Santuario because they thought he was gay.

Brian Walter and Michael Daugherty both pled no contest to the charges earlier this year, and testified against Cohn at the trial. Cohn's attorney, Wesley Schroeder, was able to cast doubt on their testimony as admitted criminals who were heavily intoxicated during the incident.

"If you believe the victim, the defendant is guilty," deputy district attorney Dan Okonkwo told jurors in his closing statement.

At the trial's most crucial point, Santuario suffered a migraine during his testimony, and Schroeder suggested that his memory of the beating was blurred.

"I'm 100 percent sure that he hit me," Santuario said on Tuesday. "There were only three people around. I was looking at two of them, and then I got hit."

Santuario added that although Daugherty had already punched him in the face, his senses were clear until the point he was struck in the back of the head.

"I'm very shocked. I'm disappointed," said Santuario. "You could say I'm a little angry that the jury did not apply justice to this guy."

One of the attackers, picked up Santuario's guitar and hit him over the head with it while he was lying on the ground. Santuario, who suffered seven broken teeth in the attack and battles recurring migraines, has received thousands of dollars in compensation for his medical expenses from Walter and Daugherty.

Cohn's family traveled from Southern California to accompany him in court every day. Cohn would have faced nine years in jail if convicted.

Okonkwo said he has not decided whether he will retry the case.

E-mail Jon Wiener at jwiener@mv-voice.com

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