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COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension

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The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.

In William R. Wallace v. State of Indiana, No.26A01-1101-CR-9, Wallace had visited a woman – A.J. – while she was in jail in 2009 and offered her legal representation. She was initially scheduled to be released on Sept. 29 of that year, and Wallace later told her that date had been pushed back, but that if she agreed to have sex with him upon her release, he could ensure that she would get out of jail on Sept. 29.

After her release, A.J. met Wallace at an apartment belonging to Wallace’s friend. She engaged in sex with Wallace, unaware that he had videotaped the encounter. In March 2010, A.J. contacted police after she learned Wallace had shown the videotape to her boyfriend. The boyfriend told police that the video showed Wallace turning on the camera before A.J. entered the room, and that the camera continued to run after she left. A.J. demanded Wallace turn over the recording, and after at first denying it existed, he claimed he had destroyed it.

A police investigation ensued, and a search of Wallace’s home and the apartment where the video was recorded turned up at least two recordings of Wallace engaging in sex with women and a DVD of child pornography. A grand jury indicted Wallace on charges of Class D felony obstruction of justice, Class D felony possession of child pornography, Class A misdemeanor patronizing a prostitute and Class B misdemeanor false informing. The Class D voyeurism charge was added on Nov. 30, 2010.

On appeal, Wallace argued that because A.J. knowingly disrobed in front of him, he could not be charged with voyeurism. But the COA held that she did not consent to being videotaped, that Wallace was aware of that fact, and that he tried to conceal the recording from officers searching his home. The appellate court therefore affirmed the trial court’s order denying Wallace’s motion to dismiss the voyeurism charge.

In a separate but concurring opinion, Judge Michael Barnes wrote that A.J. “made a barter choice, and I do not think she is a typical ‘victim’ envisaged by this statute.”

The Indiana Supreme Court published order No. 26S00-1112-DI-700, dated Jan. 27, suspending Wallace due to being found guilty of a crime punishable as a felony. The order states the suspension will continue until further order of the court or final resolution of disciplinary action.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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