Saturday, June 23, 2007
Ind. Decisions - "Court overturns conviction in disc jockey charade"
The Indiana Supreme Court on Friday overturned an Indianapolis man's conviction for posing as a radio disc jockey and tricking men into disrobing.
In a two-part decision, the court ruled Richard C. Brown's actions didn't rise to criminal confinement or identity deception, both low-level felonies.
Brown, 43, was sentenced to five years in prison in June 2005 after a jury convicted him of three counts of each charge. He was accused of luring three men to his Eastside home; he offered $50,000 or a car if they would strip, then leave wearing only a small T-shirt. Two men did.
"From the beginning, there was a problem with the charges," said Joel Schumm, Brown's appellate attorney.
The court ruled 4-1 to strike the words "fraud" and "enticement" from Indiana's criminal confinement law because they are too vague, but it left the rest of the statute intact.
It also ruled unanimously that Brown didn't commit identity deception because he didn't impersonate a real employee of WNOU-FM (93.1).
Posted by Marcia Oddi on June 23, 2007 08:37 AM
Posted to Ind. Sup.Ct. Decisions