Not on trial for the suicide death of his former Rutgers University roommate, Tyler Clementi, instead Dharun Ravi is facing four counts of bias intimidation, four counts of invasion of privacy (including two for attempted invasion of privacy), two counts of tampering with physical evidence, three counts of hindering apprehension or prosecution and one count of witness tampering. Allegedly all of the charges stem from Ravi’s use of a spycam on the unknowing Clementi during a gay sexual encounter, which Ravi later shared via social media, as reported by several news outlets including the Lancaster Eagle Gazette.
Clementi, a gay teen that had not shared his sexual preferences publicly, allegedly was so devastated by the experience he killed himself on September 22, 2010, by jumping from the George Washington Bridge.
Edward Weinstein, from his law offices in East Brunswick, N.J., commented, “There is the trial of public opinion and there is the legal trial that will go on in the Superior Court of New Jersey in Middlesex County. The entire public can and has weighed in on this on an international level.”
Judge Glenn Berman is presiding in the case, and the jury selection is currently underway.
In regards to the issue of gay rights, Weinstein said, “That is a big hot-button issue right now, mainly because the movement has come so far, especially in the last couple years. What we have here is simple: If Tyler was heterosexual, we would not be here. If he did something with a girl, we would not be having this conversation. It would not be newsworthy. This has been made newsworthy because of the gay-rights movement progress in the last couple years. In bullying and gay rights, great strides have been made.”
Weinstein added, “And meaning no disrespect, there is the suicide. All of these charges would not exist if Tyler hadn't killed himself. He would have changed rooms. In the public trial, it will always come up -- the demise of Tyler Clementi. Here in the courthouse, it really can't. Ravi is not charged with anything to do with the suicide.”
Steven Altman, another New Brunswick attorney, is representing Ravi. According to Weinstein “a very generous plea-deal (was offered) in December by the prosecution. It involved 600 hours of community service, counseling and probation” but Ravi and Altman turned it down.
Weinstein speculated that because the “plea deal was so generous demonstrates the prosecutor has a weak case” and that the charges, especially invasion of privacy, may be “difficult to prove.” Weinstein said, “An expert can come in and say there is no invasion of privacy. That was Ravi's room, too.”
It is unknown at this time if Ravi will take the stand.
Every count has to be proved beyond a reasonable doubt, but it may prove difficult for a jury to eliminate Ravi having, or not having, a bias toward homosexuals.
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