Two UW-Madison freshmen charged with a hate crime appeared in Dane County Court today, where their lawyers pushed back their felony status conference appearances until March 13.
Jon Callaway, attorney for defendant Benjamin Chamberlain, said his client and the second defendant, Michael Riha, sought an alternate court date because the two other boys involved in the same incident had not yet made initial court appearances.
Kevin Cochaki of Naperville, Ill. and Caleb Moore of Auburn, Ala. are implicated in the same Dec. 21 incident, but because they live out of state, they have yet to appear in Dane County Court.
Chamberlain, Riha, Cochacki and Moore allegedly defaced the door of an LGBT liaison's room in Ogg Hall Dec. 21, spitting on the door, writing an obscenity and tearing down pictures from a bulletin board, according to the criminal complaint.
They were charged with criminal damage to property and disorderly conduct.
The incident was classified as a hate crime because it met the legal criteria in that the defendants 'intentionally selected the person against whom this crime was committed in whole or in part because of the defendant's belief or perception regarding the sexual orientation of that person.'
Callaway said the addition of a 'hate-crime enhancer' increases the sentences the defendants could incur from their basic charges.
'What makes this case a felony is the hate-crime enhancer on the criminal damage to property charge,' Callaway said. He said the state defines a felony as an offense that is punishable by more than a year in jail.
The criminal damage to property charge is a Class A misdemeanor according to Wisconsin statutes and normally carries a maximum penalty of $10,000 and/or nine months imprisonment.
Under the hate-crime enhancement, the defendants could face as much as two years jail time for that charge alone, classifying it as a felony.
'I don't question the validity of the enhancer based on my understanding of the facts,' Callaway said. 'That doesn't mean I agree with all the underlying charges.'
He said the state might reduce charges against the defendants and said it was unlikely the case would reach a trial.
