Court tosses bias counts against ex-Rutgers student in Clementi case

A New Jersey appeals court on Friday ordered a new trial for a former Rutgers University student convicted of using a webcam to spy on his roommate during an intimate encounter.

In a 61-page ruling, the court tossed bias-intimidation counts against Dharun Ravi because of changes in state law, and said he was entitled to a new trial on the remaining charges.

The three-judge panel agreed with defense arguments that Ravi should not have been charged with bias crimes and that bias evidence was wrongfully used during his trial in 2012.

The prosecution had acknowledged that the bias decision should be overturned, but wanted the rest of the convictions upheld.

During the trial, the appeals court found, the prosecution "used evidence revealing the victim's reserved demeanor and expressions of shame and humiliation as a counterweight to defendant's cavalier indifference and unabashed insensitivity to his roommate's right to privacy and dignity."

"It is unreasonable to expect a rational juror to remain unaffected by this evidence," the appeals court wrote.

After Ravi's conviction, the state Supreme Court in an unrelated case struck down portions of the bias-crime statute that allowed prosecutors to include the victim's state of mind in bringing charges.

Ravi was found guilty on 15 charges in a case that drew international attention after his roommate, Tyler Clementi, killed himself after he was captured on a webcam kissing another man.

In a statement released by the Tyler Clementi Foundation, Clementi's parents, Joe and Jane, said the ruling "shows us how much more work there is to be done."

"We know that Tyler's private moments were stolen from him and used to humiliate him. His life was forever affected, and the lives of those who knew and loved him have been forever changed," the statement said.

It was unclear Friday whether Ravi would face a new trial on the remaining charges of invasion of privacy, tampering with evidence, and hindering apprehension.

Acting Middlesex County Prosecutor Andrew S. Carey and Ravi's lawyer, Steven Altman, did not respond to requests seeking comment. A Rutgers spokesman declined to comment.

Clementi, 18, of Ridgewood, N.J., committed suicide by jumping off the George Washington Bridge days after learning Ravi had used his laptop webcam to live-stream images of his Sept. 19, 2010, encounter.

Both were freshmen and roommates in Davidson Hall at Rutgers' Busch campus in Piscataway.

Ravi, of Plainsboro, N.J., faced up to 10 years in prison. He served 20 days in county jail of a 30-day sentence that included three years' probation and community service.

The Clementis previously said they wanted Ravi held accountable for his actions, but did not advocate "harsh" punishment.

The Supreme Court's decision in the unrelated case said the defendant's state of mind is what must be considered, not the victim's. In arguments during the appellate hearing, prosecutors acknowledged that the conviction on the bias-intimidation counts should be overturned, but argued that the remaining counts should be upheld.

During the trial, the defense argued that Ravi did not intend to intimidate Clementi because of his sexual orientation. Altman described Ravi's actions as "stupid" and "immature" - the acts of "an 18-year-old boy."

Ravi rejected a plea offer before the trial that would have resulted in no jail time, six months' probation, and several hundred hours of community service.

The appeals court Friday also declared moot arguments raised by prosecutors during the appeal that the penalty imposed by the sentencing judge was too lenient. It also dismissed Ravi's conviction on one count each of hindering apprehension and tampering with witnesses.

Clementi's death was not part of the indictment. The appellate court, however, noted that "the social environment that transformed a private act of sexual intimacy into a grotesque voyeuristic spectacle must be unequivocally condemned in the strongest possible way."

"The fact that this occurred in a university dormitory, housing first-year college students, only exacerbates our collective sense of disbelief and disorientation," the judges wrote.

The Clementis said they plan to continue to use the New York-based foundation to address the issues of bullying and harassment of gay people "to create a kinder, more empathic society where every person is valued and respected."

mburney@phillynews.com 856-779-3814 @mlburney