Questioning from the panel highlighted just how much of an effect the Supreme Court ruling might have on one of the highest profile N.J. criminal cases in the past decade. Watch video
NEWARK -- Arguments before a panel of appeals judges Wednesday highlighted just how much of an effect a recent Supreme Court decision might have on one of the highest profile New Jersey criminal cases in the past decade.
Dharun Ravi's lawyers told the appeals court that the former Rutgers student should have his record cleared and all of his convictions overturned in the Tyler Clementi webcam spying case.
And prosecutors conceded that one of 15 convictions, for hindering his apprehension, would likely have to be dismissed. But the rest, the state argued, could stand.
Ravi's lawyers argued that bias crimes law under which Ravi was convicted -- Ravi set up a camera that spied on Clementi, his roommate freshman year at Rutgers, during an intimate encounter with a man -- does not apply to any part of this case.
That's because the state Supreme Court struck down part of the law that laid out what needed to be proven for a bias crime: the victim's state of mind, rather than the defendant's.
The state's case and Ravi's conviction on 15 criminal counts focused on Clementi's state of mind, rather than Ravi's, attorney Steven Altman argued. That, he said, has now been determined unconstitutional.
Clementi later committed suicide by jumping off the George Washington Bridge. Lawyers for Ravi said there was no connection between the webcam spying and Clementi's suicide, which led to an outpouring of grief and a national focus on bullying LGBT youth.
http://www.nj.com/news/index.ssf/2012/05/dharun_ravi_sentenced_to_jail.html
Even as prosecutors acknowledged that one count would have to be dismissed, the rest could stand -- based on violations of Clementi's privacy, argued Joie Piderit, an assistant Middlesex County prosecutor.
Questioning from appellate judges John Kennedy, Jose Fuentes, and Robert Gilson seemed to reveal some skepticism about the state's position that the convictions could stand on privacy grounds.
Ravi was not at the hearing. But Clementi's mother, his father and his brother were in attendance Wednesday.
"We are hopeful that the appellate court will analyze the legal issues it has been asked to, to review with depth and care so that the law in this important area will be well reasoned and clear," Jane Clementi said in a prepared statement.
The Clementi family continues to work with the Tyler Clementi Foundation, an anti-bullying group, she added.
Ravi already served a month in prison after his convictions, on hindering and witness tampering.
The judges are not expected to issue their decision in the case for four or five months.
Sue Epstein may be reached at sepstein@njadvancemedia.com. Follow her on Twitter @susan_epstein. Find NJ.com on Facebook.