Jury selection underway in Manhattan sexual assault trial

MANHATTAN, Kan. — Jury selection began this week in Riley County District Court for a Manhattan man charged with rape and aggravated sexual battery allegedly committed against two victims on consecutive days last fall.

Gavin Gregory Haberman, 21, entered not guilty pleas to both charges at his July 28 arraignment. The trial is scheduled to run through Friday.

According to court documents, Haberman is accused of engaging in sexual intercourse with one victim who was unconscious or physically powerless on Sept. 15, 2024, and of unlawfully touching another victim without consent under similar circumstances on Sept. 14, 2024. Both alleged victims were born in 2003 and 2005, court records indicate.

The rape charge, classified as a severity level 1 felony, carries the state's most serious penalties. The aggravated sexual battery charge is a severity level 5 felony.

Arrest and Initial Detention

Haberman was arrested at 10:05 p.m. on April 15 at a residence in the 1400 block of Jarvis Drive in Manhattan on a Riley County District Court warrant, according to police records. He was booked into the Riley County Jail and initially held on a $70,000 bond, which was posted the following day, allowing his release from custody.

Pre-Trial Legal Maneuvering

In the months leading up to trial, both the prosecution and defense filed multiple motions in limine — legal requests to exclude certain evidence or arguments — revealing sharp disagreements over what the jury will be permitted to hear.

The prosecution filed two such motions in mid-August, seeking to prevent the defense from:

• Referencing William Blackstone or "Blackstone's ratio," a philosophical argument about whether it is preferable for guilty people to go free rather than convict innocent ones
• Making "golden rule" arguments asking jurors to place themselves in the position of victims
• Questioning whether the alleged victims took precautions to prevent being assaulted
• Commenting on the severity of the charges or potential punishment
• Suggesting the prosecution should have filed additional charges

The state argued these tactics would divert jurors from focusing on evidence and legal instructions.

The defense countered with its own motions, objecting to what it characterized as improper "judicial rehabilitation" of biased jurors during jury selection — a practice the defense argued violates a defendant's right to a fair and impartial jury. The defense also sought disclosure of criminal histories and credibility information regarding state witnesses.

Charges and Legal Standards

Under Kansas law, rape requires proof that a defendant knowingly engaged in sexual intercourse with a victim who did not consent and was either unconscious or physically powerless. Aggravated sexual battery requires proof of intentional touching without consent under similar circumstances, with the victim being 16 or older at the time.

Notably, Kansas law specifies that it is not a defense for a defendant to claim he did not know or have reason to know that the victim did not consent or was unconscious or physically powerless.

Court documents indicate the state must prove these elements beyond a reasonable doubt, with jurors required to reach a unanimous verdict.

Trial Structure

The trial is being handled in Riley County District Court's 21st Judicial District, with Judge Kendra S. Lewison presiding. The case was assigned the docket number RL-2025-CR-000174.

Assistant Riley County Attorney Michael J. Blackburn is handling the prosecution. Haberman is being represented by Cole A. Hawver of Clark & Platt law firm in Manhattan.

TIMELINE

Sept. 14, 2024 — Alleged aggravated sexual battery incident occurs

Sept. 15, 2024 — Alleged rape occurs

April 14, 2025 — Criminal complaint and information filed against Haberman in Riley County District Court

April 15, 2025 — Arrest warrant issued; Haberman arrested at 10:05 p.m. at 1412 Jarvis Drive by Officer Alayn Patterson

April 16, 2025 — Haberman booked into Riley County Jail on $70,000 bond

May 2, 2025 — First appearance held; no plea entered on felony charges; next status hearing scheduled

June 10, 2025 — Status hearing conducted at Riley County District Court

July 11, 2025 — Preliminary hearing held before the court

July 17, 2025 — Order for Transcript issued for preliminary hearing proceedings

July 28, 2025 — Haberman arraigned; enters not guilty pleas on both counts; set for 4-day jury trial

Aug. 15, 2025 — State files Motion for Denno Hearing regarding voluntary nature of defendant's statements to law enforcement

Aug. 18, 2025 — State files Motion in Limine and Second Motion in Limine; Defense files Objection to Judicial Rehabilitation of Prospective Jurors, Second Motion in Limine Regarding Character Evidence, Motion to Disclose Credibility and Impeachment Information, and Court Mandated Jury Instructions

Oct. 8, 2025 — Pre-Trial Hearing and Motions Hearing scheduled at 3:00 p.m.; Response deadline for defense motions

Oct. 28-31, 2025 — Jury trial scheduled

The investigation involved multiple officers and investigators from the Riley County Police Department. The identities of the alleged victims are being protected under privacy provisions, with initials used in court filings. Additional charges or developments may emerge during the trial proceedings.