Wrongful death suit targets man acquitted in Hoffman slaying

Joseph Biedermann was acquitted of murder in the 2008 stabbing death of his Hoffman Estates neighbor.

But his legal troubles resurfaced Tuesday after the victim's brother, Ian Hauser, filed a wrongful death suit against the 30-year-old. Biedermann said he stabbed Terrance Michael Hauser in self-defense after Biedermann claimed Hauser tried to assault him with a medieval-style dagger.

Hauser, who was 38 and went by his middle name Michael, was stabbed 61 times. He suffered significant wounds to his jugular vein, lungs, pancreas, kidney and abdomen, any one of which could have been the fatal blow. Biedermann suffered a small puncture wound to his arm and other minor injuries, none life-threatening.

Hauser's relatives were "in shock when the verdict came down," said Michael LaMonica, the family's attorney. "As time passed they realized they still haven't gotten justice."

A civil case remains the only means of accomplishing that, LaMonica said.

The stabbing occurred early on March 5, 2008, several hours after the men met for the first time in a neighborhood bar. Hauser invited Biedermann back to his home in the 2200 block of Hassell Road in the Barrington Lakes Apartment Complex where Biedermann also lived.

Toxicology reports indicated both men were intoxicated. Hauser had a blood-alcohol content of .277; Biedermann's was .226.

In the complaint, Ian Hauser, administrator of Terrance Hauser's estate, claims that Biedermann had a "duty to conduct himself in a reasonable, proper and peaceful manner" but instead he committed battery, intentionally stabbed and ultimately killed the victim.

As a result, the suit alleges that Hauser's next of kin - his minor son - lost his father's companionship and support and has suffered grief and sorrow.

In a civil case the burden of proof is lower than in a criminal case. In a criminal case, a jury must find a defendant guilty beyond a reasonable doubt. In a civil case, the jury may find a defendant guilty by a preponderance of the evidence. That said, LaMonica is confident the facts and evidence support the family's claim.

The complaint requests compensation on behalf of Hauser's son as well as compensation for Hauser's pain and suffering, and for what is described as Biedermann's willful and wanton behavior. In the complaint, the family asks for damages in excess of $50,000, but LaMonica insists the suit is not about money.

"The complaint is absolutely motivated by a sense that justice has not been done for this family and they want their day in court," said LaMonica, who expects the first hearing to be held in January at the Daley Center.