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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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