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'''''The State of New Jersey vs. Dharun Ravi''''' was a [[criminal trial]] held in [[Middlesex County, New Jersey]] [[New Jersey Superior Court|Superior Court]] from February 24, 2012 to March 16, 2012 in which former [[Rutgers University]] [[Undergraduate education#United States system|undergraduate]] student Dharun Ravi was tried and convicted of 15 counts of [[invasion of privacy]], [[Hate crime laws in the United States|bias intimidation]], [[False evidence|tampering with evidence]], [[witness tampering]], and hindering apprehension or prosecution.<ref>{{cite web|last=Zernike |first=Kate |url=http://topics.nytimes.com/top/reference/timestopics/people/r/dharun_ravi/index.html |title=Dharun Ravi - The New York Times |publisher=Topics.nytimes.com |date=2012-03-16 |accessdate=2012-05-06}}</ref><ref name="a">[http://www.nypost.com/rw/nypost/2011/04/20/news/media/042011_ravi_indict.pdf The indictment of Ravi] Hosted by the New York Post</ref> The charges stemmed from incidents on September 19 and 21, 2010 in which Ravi and his friend Molly Wei used a hidden [[webcam]] to spy on Ravi's college roommate, [[Suicide of Tyler Clementi|Tyler Clementi]], kissing another man. Clementi committed suicide on September 22, 2010, and his death brought national and international attention to the trial, the issue of [[cyberbullying]], and the struggles facing [[LGBT]] youth.<ref>{{cite news |url= http://www.nytimes.com/2010/09/30/nyregion/30suicide.html?_r=2 |title=Invasion of Privacy Charges After Death of Tyler Clementi - NYTimes.com |first=Lisa |last=Forderaro |work=[[The New York Times]] |date=September 29, 2010|publisher=[[New York Times Company|NYTC]] |location=[[New York, NY|New York]] |issn=0362-4331 |accessdate=7 May 2012}}</ref>
'''''The State of New Jersey vs. Dharun Ravi''''' was a [[criminal trial]] held in [[Middlesex County, New Jersey]] [[New Jersey Superior Court|Superior Court]] from February 24, 2012 to March 16, 2012 in which former [[Rutgers University]] [[Undergraduate education#United States system|undergraduate]] student Dharun Ravi was tried and convicted of 15 counts of [[invasion of privacy]], [[Hate crime laws in the United States|bias intimidation]], [[False evidence|tampering with evidence]], [[witness tampering]], and hindering apprehension or prosecution.<ref>{{cite web|last=Zernike |first=Kate |url=http://topics.nytimes.com/top/reference/timestopics/people/r/dharun_ravi/index.html |title=Dharun Ravi - The New York Times |publisher=Topics.nytimes.com |date=2012-03-16 |accessdate=2012-05-06}}</ref><ref name="a">[http://www.nypost.com/rw/nypost/2011/04/20/news/media/042011_ravi_indict.pdf The indictment of Ravi] Hosted by the New York Post</ref> The charges stemmed from incidents on September 19 and 21, 2010 where Ravi pointed his [[webcam]] at Ravi's college roommate's bed twice during dates and the second time told 150 of his friends how to view it. The roommate, [[Suicide of Tyler Clementi|Tyler Clementi]] committed suicide on September 22, 2010, and his death brought national and international attention to the trial, the issue of [[cyberbullying]], and the struggles facing [[LGBT]] youth.<ref>{{cite news |url= http://www.nytimes.com/2010/09/30/nyregion/30suicide.html?_r=2 |title=Invasion of Privacy Charges After Death of Tyler Clementi - NYTimes.com |first=Lisa |last=Forderaro |work=[[The New York Times]] |date=September 29, 2010|publisher=[[New York Times Company|NYTC]] |location=[[New York, NY|New York]] |issn=0362-4331 |accessdate=7 May 2012}}</ref>


Ravi is scheduled to be sentenced on May 21, 2012.‪<ref>{{cite news |url= http://www.nytimes.com/2012/03/17/nyregion/defendant-guilty-in-rutgers-case.html |title=Dharun Ravi Guilty of Hate Crimes in Rutgers Case |first= ‬Hate‪|last=‬Zernike‪ |work=[[The New York Times]] |date=March 16, 2012 |publisher=[[New York Times Company|NYTC]] |location=[[New York, NY|New York]] |issn=0362-4331 |accessdate=7 May 2012}}</ref>‬
Ravi is scheduled to be sentenced on May 21, 2012.‪<ref>{{cite news |url= http://www.nytimes.com/2012/03/17/nyregion/defendant-guilty-in-rutgers-case.html |title=Dharun Ravi Guilty of Hate Crimes in Rutgers Case |first= ‬Hate‪|last=‬Zernike‪ |work=[[The New York Times]] |date=March 16, 2012 |publisher=[[New York Times Company|NYTC]] |location=[[New York, NY|New York]] |issn=0362-4331 |accessdate=7 May 2012}}</ref>‬

Revision as of 04:58, 14 May 2012

The State of New Jersey vs. Dharun Ravi was a criminal trial held in Middlesex County, New Jersey Superior Court from February 24, 2012 to March 16, 2012 in which former Rutgers University undergraduate student Dharun Ravi was tried and convicted of 15 counts of invasion of privacy, bias intimidation, tampering with evidence, witness tampering, and hindering apprehension or prosecution.[1][2] The charges stemmed from incidents on September 19 and 21, 2010 where Ravi pointed his webcam at Ravi's college roommate's bed twice during dates and the second time told 150 of his friends how to view it. The roommate, Tyler Clementi committed suicide on September 22, 2010, and his death brought national and international attention to the trial, the issue of cyberbullying, and the struggles facing LGBT youth.[3]

Ravi is scheduled to be sentenced on May 21, 2012.‪[4]‬

Events leading up to the indictments and trial

Tyler Clementi suicide

Main article: Suicide of Tyler Clementi

On the evening of September 22, 2010, the day after Ravi's second webcam transmission attempt, Tyler Clementi traveled to New York City and jumped from the George Washington Bridge. His body was discovered in the Hudson River on September 29, 2010.[5]

Indictments

On September 28, 2010, Dharun Ravi and Molly Wei were charged with four and two counts of invasion of privacy, respectively, for their roles in the webcam spying incidents on September 19, 2010 and September 21, 2010.[6] Soon after these charges were filed, there were calls from gay rights advocates and bloggers to include hate crimes charges against Ravi and Wei.[7] Bruce Kaplan, the prosecutor in the case, said "now that two individuals have been charged with invasion of privacy, we will be making every effort to assess whether bias played a role in the incident, and, if so, we will bring appropriate charges."[7] On October 4, 2010, Kaplan stated that he did not think there would be enough evidence to charge Ravi and Wei with a hate crime.[8][7] After further investigation, the prosecution concluded that there was evidence supporting a hate crime charge against Ravi, dating to when Ravi first learned Clementi's name.[9] On April 20, 2011, a Middlesex County grand jury indicted Ravi on 15 counts, including bias intimidation, invasion of privacy, witness tampering, and evidence tampering.[9][10]

The witness tampering charges were based on text messages Ravi sent to Wei, in which he tried to persuade her not to contradict what he had told police. In these messages, Ravi said "Did you tell them we did it on purpose?", and "Because I said we were just messing around with the camera." Wei responded "Omg dharun why didnt u talk to me first i told them everything".[11] According to a prosecution expert witness, Ravi deleted almost 100 text messages between him and Wei and another high school friend, whom he had invited to view Clementi's second encounter with his guest.[12] A key aspect of the prosecution's evidence tampering charge was Ravi's deletion of two potentially incriminating postings: one on Twitter on September 19 in which he wrote that his roommate was "making out with a dude. Yay", and one on September 21 in which he told his iChat followers "dare you to video chat me" during the time of Clementi's tryst. He replaced the latter post with one that said "don't you dare video chat me" at the time of the tryst, stating that the first message was a draft.[11]

Ravi was charged with third and fourth degree invasion of privacy.[13]

Soon after the charges against Wei were made public, Wei's attorneys released a statement proclaiming her innocence,[14] and a former New Jersey federal prosecutor commented that, "there's no evidence of Ms. Wei doing anything. I'm very curious as to why the prosecutor is holding her responsible in any way, shape, or form simply because Mr. Ravi was using her computer."[8] Steve Altman, Ravi’s attorney, said, "Nothing was transmitted beyond one computer and what was seen was only viewed for a matter of seconds." Rubin Sinins, Wei's attorney, said, "I'm unaware of any evidence of sexual contact. The statute defining sexual contact refers to nudity and private parts, and, to my knowledge, nothing like that was seen. I'm also unaware of any evidence that any video was recorded, reproduced or disseminated in any way."[15]

In August 2011, Ravi's defense attorney requested a mistrial because the prosecution had not presented evidence to the grand jury which, he argued, would have cleared Ravi, and had presented other evidence in what he said was a misleading manner.[16][17] This evidence included documents that showed that Clementi had titled files on his computer "Why does it have to be so painful" and took photographs of the George Washington Bridge a month before entering Rutgers.[18] The judge did not grant Ravi's motion.[19] Ravi was not charged with a role in the suicide.[20]

Wei and the prosecutor reached a plea agreement on May 6, 2011. Under the agreement, all charges against Wei would be dropped if Wei testified against Ravi and completed a three-year intervention program, including counseling and community service.[21] Clementi's parents "supported leniency for Wei", believing that her "actions, although unlawful, were substantially different in their nature and their extent than the actions of Tyler's former roommate" and that she "was forthcoming and cooperative during the investigation."[22]

In December 2011, Ravi rejected a plea agreement in which he would not spend any time in jail and through which the prosecutor's office would assist him in fighting any potential deportation orders. Ravi is a citizen of India living legally in the United States. In rejecting the plea arrangement, Ravi's lawyer stated: "Simple answer, simple principle...He's innocent. He's not guilty. That's why he rejected the plea."[23]

Trial

During the trial, observers differed on the strength of the prosecution's case. Susan Abraham, a law professor and former public defender, commenting after the prosecution rested its case and before the defense brought its arguments, said that she believed that the prosecution established both the invasion of privacy and the bias intimidation charges, though she believed the defense had a couple of arguments to question the validity of Ravi's statements to police.[24] Before the trial, Edward Weinstein, a New Jersey-based attorney specializing in criminal and family law, stated that the prosecution case might be weak. But after the prosecution rested its case and before the defense initiated its case, he thought that "The defense has an extremely large burden; the prosecution put on a good case."[25] However Jack Levin, an authority on hate crimes, was skeptical of the case for bias intimidation, saying of Ravi that "it becomes difficult to determine whether the motivation was due to sexual orientation or some other conflicts between the roommates that have nothing to do with sexual orientation."[25] In a news analysis published shortly before the verdict was announced, Chris Cuomo of ABC News wrote that "for the most part, the consensus of reporters and legal analysts following the trial is that the state's hate crime charges are thin, at best."[7]

Verdict and sentencing

On March 16, 2012, Ravi was found guilty of invasion of privacy, hindering apprehension, witness tampering, and all four of the bias intimidation charges.[26] In regard to the viewing on September 19, the jury concluded that Ravi did not act with the purpose to intimidate either Clementi or his guest because of their sexual orientation, but that Clementi was intimidated and reasonably believed that he had been targeted because of his sexual orientation.[27][26] In regard to the attempted viewing on September 21 and Ravi's encouragement of his Twitter followers to watch, the jury concluded that Ravi acted with the purpose to intimidate, with the knowledge that intimidation would occur, and with the result that Clementi was intimidated and reasonably believed that he was targeted because of sexual orientation. Ravi was acquitted of all bias charges in regard to Clementi's guest.[26]

A tentative sentencing date has been set for May 21.[28] As a result of his convictions, Ravi also faces possible deportation to his native India.[29] He plans to appeal his convictions.[30]

Reactions

Following the announcement of the verdict, Clementi's father released a statement, directed particularly at young people:

"You're going to meet a lot of people in your lifetime. Some of these people you may not like. Just because you don't like them doesn't mean you have to work against them. When you see somebody doing something wrong, tell them: 'That's not right. Stop it.' The change you want to see in the world begins with you."[27]

Five days after the verdict, Ravi said in an interview:

"I'm not the same person I was two years ago. I don't even recognize the person I was two years ago...[Tells interviewer he was immature, did some stupid things, and was insensitive to Tyler Clementi’s feelings]...But I wasn't biased. I didn't act out of hate and I wasn't uncomfortable with Tyler being gay....I’m never going to regret not taking the plea...If I took the plea, I would have had to testify that I did what I did to intimidate Tyler and that would be a lie. I won't ever get up there and tell the world I hated Tyler because he was gay, or tell the world I was trying to hurt or intimidate him because it's not true."[31]

In another interview, he said:

"Bad stuff happens and they need to set an example, but it's unfortunate this has to be the case where this happens... The people that are fighting for gay rights, they have a just cause. I think this kind of detracts from their cause... This is something people can point to and say, 'You guys are going overboard.' I think it's bad for them."[20]

The trial and the verdict sparked nationwide debate on the validity and efficacy of the New Jersey hate crime statute and similar laws.[27] Marcellus A. McRae, a former federal prosecutor uninvolved in the case, hailed the guilty verdicts as "a watershed moment, because it says youth is not immunity".[27] Steven Goldstein, the chairman of a New Jersey equal rights advocacy group, said that "This verdict sends the important message that a 'kids will be kids' defense is no excuse to bully another student."[27] Louis Raveson, a professor of criminal and civil trial litigation at Rutgers School of Law-Newark, said that bias intimidation criteria had been met: "I think the statute correctly predicted this kind of crime and ... is being used appropriately."[32]

Glenn Berman, the judge who presided over Ravi's trial, said that the New Jersey statute was "muddled" and that he would have written it differently.[33] The editorial board of the Newark newspaper, The Star-Ledger, criticized both the law and its application, arguing that Ravi's crime was not malicious, the law was unconstitutional, and the application of the law against Ravi was a "huge overreach".[34] Washington Post columnist Richard Cohen criticized Ravi but argued that hate crime laws unfairly punish an individual for thought or speech, and therefore erode civil liberties.[35] In a New York Times op-ed piece, journalist Emily Bazelon argued that, while Ravi's invasion of Clementi's privacy "should be out of bounds on a college campus," the punishment he faces is disproportionate to that crime, and that hate crime laws were not intended for these types of actions.[36]

References

  1. ^ Zernike, Kate (2012-03-16). "Dharun Ravi - The New York Times". Topics.nytimes.com. Retrieved 2012-05-06.
  2. ^ The indictment of Ravi Hosted by the New York Post
  3. ^ Forderaro, Lisa (September 29, 2010). "Invasion of Privacy Charges After Death of Tyler Clementi - NYTimes.com". The New York Times. New York: NYTC. ISSN 0362-4331. Retrieved 7 May 2012.
  4. ^ ‬Zernike‪, ‬Hate‪ (March 16, 2012). "Dharun Ravi Guilty of Hate Crimes in Rutgers Case". The New York Times. New York: NYTC. ISSN 0362-4331. Retrieved 7 May 2012.
  5. ^ "Dharun Ravi And Tyler Clementi Timeline: Former Rutgers Roommate In Dorm Room Spying Trial". Huffingtonpost.com. 2012-02-24. Retrieved 2012-05-07.
  6. ^ http://www.co.middlesex.nj.us/prosecutor/pressrelease/Two%20Rutgers%20students%20charged%20with%20invasion%20of%20privacy.htm
  7. ^ a b c d Cuomo, Chris (March 13, 2012). "Rutgers Trial: The Political Firestorm Before the Indictment". ABC News. Retrieved March 23, 2012.
  8. ^ a b Weisensee Egan, Nicole; Herbst, Diane (October 5, 2010). "Message Board Community Pays Tribute to Rutgers Student". PeopleTemplate:Inconsistent citations{{cite news}}: CS1 maint: postscript (link)
  9. ^ a b "Roommate charged with hate crime in NJ suicide". Associated Press (via Honolulu Star Advertiser). Retrieved 2011-04-20.
  10. ^ "Grand jury hands up 15-count indictment against roommate of Tyler Clementi". The Star-Ledger. April 20, 2011. Retrieved 2012-05-08. {{cite news}}: |first= missing |last= (help)
  11. ^ a b Parker, Ian (February 6, 2012). "The Story of a Suicide". The New Yorker. Retrieved February 5, 2012.
  12. ^ DeMarco, Megan (March 7, 2012). "Rutgers webcam trial: Ravi deleted dozens of text messages from cell phone, expert says". The Star-Ledger.
  13. ^ http://www.samsachs.com/crimlaws/2c_14-9.php
  14. ^ Heyboer, Kelly (October 5, 2010). "Molly Wei's lawyers say her reputation was 'unjustly tarnished' by Rutgers suicide tragedy". Star-LedgerTemplate:Inconsistent citations{{cite news}}: CS1 maint: postscript (link)
  15. ^ Heyboer, Kelly; DiIonno, Mark (2010-10-31). "Dharun Ravi and Molly Wei saw no sexual contact in Tyler Clementi secret broadcast, lawyers say". NJ.com. Retrieved 2010-11-01.
  16. ^ Pérez-Peña, Richard (August 12, 2011). "More Complex Picture Emerges in Rutgers Student's Suicide". New York Times. Retrieved August 24, 2011.
  17. ^ Gardiner, Sean (August 12, 2011). "New Claims in Spy Case". Wall Street Journal. Retrieved August 25, 2011.
  18. ^ Kinney, Monica (August 21, 2011). "Young lives are a too-open book". The Inquirer. Retrieved August 25, 2011.
  19. ^ Racz, Gene (March 1, 2012). "Judge in Rutgers case denies motion for mistrial". USA Today. usatoday.com. Retrieved March 27, 2012.
  20. ^ a b Alice Gomstyn (Mar 22, 2012). "Rutgers' Ravi: 'I Wasn't the One Who Caused Him to Jump'". ABC News.
  21. ^ "Plea deal means student to testify against Rutgers roommate". Reuters. May 6, 2011. Retrieved 2011-05-08.
  22. ^ "Student Gets Leniency in Rutgers Webcam-Spying Case". People. May 6, 2011. Retrieved 2011-11-04.
  23. ^ Christina Boyle (December 9, 2011). "Dharun Ravi, suspected of spying on gay roommate at Rutgers, rejects plea deal". NY Daily News. Retrieved 2011-12-16.
  24. ^ http://www.njtvonline.org/njtoday/video/former-public-defender-thinks-prosecution-has-good-case-against-ravi/
  25. ^ a b http://usnews.msnbc.msn.com/_news/2012/03/08/10613615-prosecutors-build-strong-case-in-rutgers-webcam-spying-trial-analysts-say?lite
  26. ^ a b c "Live coverage: Dharun Ravi found guilty on most counts in webcam spying trial verdict". nj.com. March 16, 2012.
  27. ^ a b c d e Zernike, Kate (March 17, 2012). "Jury Finds Spying in Rutgers Dorm Was a Hate Crime". New York Times. Retrieved March 17, 2012.
  28. ^ Dharun Ravi found guilty in Rutgers webcam spying trial
  29. ^ Michael McLaughlin (March 16, 2012). "Dharun Ravi Guilty Of Invasion Of Privacy In Webcam Spy Trial". Huffington Post.
  30. ^ Geoff Mulvihill (March 16, 2012). "Ex-Rutgers student guilty in webcam suicide case". AP.
  31. ^ Mark Di Ionno (March 21,2012). "Exclusive interview with Dharun Ravi: 'I'm very sorry about Tyler'". Star-Ledger. {{cite news}}: Check date values in: |date= (help)
  32. ^ <http://usnews.msnbc.msn.com/_news/2012/03/14/10675405-gay-spying-case-will-jury-convict-for-hate>
  33. ^ Di Ionno (March 15, 2012). "Di Ionno: 'Muddled' legislation exists at core of jury deliberation in Ravi trial". NJ.com. Retrieved March 20, 2012.
  34. ^ Star Ledger Editorial Board (March 16, 2012). "Dharun Ravi doesn't deserve jail for spying on Tyler Clementi". NJ.com. Retrieved March 19, 2012.
  35. ^ Cohen, Richard (March 19, 2012). "Tyler Clementi and the questionable wisdom of hate crime laws". Washington Post. Retrieved March 20, 2012.
  36. ^ Bazelon, Emily (March 19, 2012). "Make the Punishment Fit the Cyber-Crime". NY Times. Retrieved March 23, 2012.
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