Updated: Friday, 04 Jun 2010, 6:15 PM EDT
Published : Friday, 04 Jun 2010, 2:38 PM EDT
INDIANAPOLIS (WISH) - A man charged with videotaping up the skirts of girls and women at Castleton Square Mall is asking a judge to dismiss the charges. Prosecutors are calling David Delagrange a voyeur and have charged him with 10 counts of the crime along with four counts of attempted child exploitation and one misdemeanor count of resisting arrest.
But law experts say although secretly videotaping up people's skirts may seem very wrong to most, it's not a crime according to current state law.
David Delagrange was silent and sullen as he left his hearing despite the fact he was clearly one step closer to having most of his charges dismissed. One would think that would be cause for celebration, but Delegrange was in no mood to share his thoughts on the matter with me. He and his attorney were far more interested in finding a way to escape 24-Hour News 8's questions and camera.
But prosecutors say Delagrange likes cameras when he's the one holding the controls. Prosecutors contend his boots are made for more than walking. They say Delagrange put a camera in them, and hid the contraption in his pants. He's charged with 10 counts of voyeurism for allegedly shooting video up the skirts of women and girls.
"Those charges would have to be dropped because quite simply a court would have to dismiss them because there's no basis for them," said Henry Karlson, a retired IU law professor.
According to Indiana statute, voyeurism is defined as peeping in a dwelling or dressing room. Videotaping up someone's skirt does not apply. And in court today, the prosecution conceded it doesn't have a voyeurism case and agreed to drop those charges.
But because four of the victims are children, prosecutors are also charging Delagrange with attempted child exploitation. Karlson believes those charges will be dismissed as well because he believes it's difficult to prove child exploitation unless the perpetrator is videotaping a child whose genitalia is exposed. arlson argues videotaping a clothed child does not meet the definition of attempted child exploitation.
That means with the exception of a misdemeanor charge, there's a real possibility Delagrange could walk.
Commissioner Stan Krowe is hearing the case. He tells 24-hour news 8 that all 10 voyeurism charges will be dropped. The prosecution is fighting efforts to dismiss the attempted child exploitation charges. Krowe is expected to make a ruling on that part of the dismissal motion by June 25th.
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