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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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