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Friday, October 11, 2013
Ind. Decisions - More on "Supreme Court to hear Fort Wayne man's shoe-cam case"
Updating yesterday's ILB entry, Niki Kelly of the Fort Wayne Journal Gazette reports in a story headed "Arguments in shoe-cam case heard by justices: Defense describes conduct as ‘creepy but not criminal’". The report concludes:
The Indiana Court of Appeals in January tossed out the child exploitation convictions, saying the case didn’t meet the technical wording of the charge. The ruling found because the statute under which he was convicted required participation by a child, it did not apply in his case.
Michael Borschel, attorney for Delagrange, told four Indiana Supreme Court justices Thursday that it should uphold the appellate decision.
“Mr. Delagrange’s conduct was creepy but not criminal,” he said, adding later, “He’s a peeper, not a child pornographer.”
J.T. Whitehead argued on behalf of the Indiana Attorney General’s Office that the legislative intent behind the statute is clear, and the Indiana Court of Appeals ruling creates absurd results.
For instance, he said if a child was drugged or asleep a person could not be convicted of sexual exploitation.
The justices, though, said they have to apply the plain meaning of the words. And several expressed concern that if a statute is found to be ambiguous they can’t hold Delagrange criminally responsible.
A ruling is expected in the coming months.
Posted by Marcia Oddi on October 11, 2013 01:52 PM
Posted to Indiana Decisions