The prosecutor who will bring the case against three people accused of attacking a gay couple in Center City last month told PGN this week that he believes the incident was spurred by antigay animus.
“This was a crime motivated against these guys because of their sexual orientation. I have no doubt about that,” said assistant district attorney Michael Barry.
Barry is the prosecutor assigned to the cases against Kathryn Knott, Philip Williams and Kevin Harrigan.
Attorneys for the three suspects were in court Tuesday for a status hearing, at which Common Pleas Judge Roger Gordon set a preliminary hearing date of Dec. 16. None of the suspects, who were released last week on bail, was present.
Barry said he supported the hearing being scheduled later than is normal, to ensure that the schedules of all attorneys, witnesses and other parties involved are clear.
At a preliminary hearing, a judge hears arguments from both sides to determine if there is enough evidence against the defendants to proceed to trial. At the hearing, Barry said, he will be tasked with presenting a “barebones, minimum” case of the events that took place Sept. 11, when Knott, Williams and Harrigan are accused of punching, kicking and hurling antigay slurs at a gay couple at 16th and Chancellor streets.
Barry could not discuss specific evidence but said he was “absolutely” confident in the state’s case against the three.
“There are a lot of witnesses in the case: some independent witnesses and some of the people who were friends with the defendants gave statements too,” Barry said. “I think there will be the two sides debating specifics about what happened but we wouldn’t charge people without being confident we have the right people.”
Depending on the judge’s determination, either side can appeal — the prosecution to refile charges, or the defense for a motion to quash.
“I would expect in a case like this, whichever side does not get what they want from the preliminary hearing will appeal,” Barry said.
That would take another month and, depending on the outcome, a trial would be scheduled anywhere from three months to a year later.
Barry said he is anticipating a trial but could not rule out the possibility of a plea deal.
“I always keep an open mind about there being agreements, but I am preparing for a trial,” he said.
All three defendants are charged with two counts of aggravated assault, simple assault, recklessly endangering another person and one count of criminal conspiracy.
Although the defendants could not be charged with a hate crime, Barry said that aspect of the incident will figure prominently into his case.
“That will play a huge part in motive and a huge part to prove conspiracy — that they had a common reason for doing what they did. At trial, I think it will be limited to those things — motive and that there was a common understanding,” he said. “But when we get to sentencing, hopefully — and I say hopefully because nothing’s ever a guarantee — that’s when it will be really appropriate to talk about the huge impact this has had on the LGBT community. And why this was not just another fight that took place in Center City.”