Judge refuses to dismiss charges in Rutgers webcam case

NEW BRUNSWICK, N.J. - A Superior Court judge ruled Friday that there was more than enough evidence to support invasion-of-privacy and bias-intimidation charges against former Rutgers University student Dharun Ravi, who used the webcam on his laptop computer to watch his male roommate having sex with a man.

The ruling by Judge Glenn Berman came in response to a defense motion to dismiss all charges in the case.

In rejecting the defense argument, Berman emphasized that his ruling was not a reflection on Ravi's guilt or innocence, but rather an analysis of the prosecution's grand jury presentation and the subsequent 15-count indictment handed up in April against the 19-year-old.

Ravi's roommate, Tyler Clementi, 18, committed suicide shortly after discovering that his fellow freshman and others had viewed his encounter via a laptop webcam.

The case has attracted international attention and has become a rallying point for those concerned with cyber-bullying and the intimidation of gay youth.

Ravi, of Plainsboro, sat quietly through Friday's hour-long proceeding dressed in a dark suit, white shirt, and tie, and flanked by two defense attorneys.

Clementi's parents, Jane and Joseph, sat in the front row of the small third-floor courtroom and declined to comment as they left the courthouse.

Ravi has been charged with invasion of privacy, bias intimidation, and tampering with evidence. He has pleaded not guilty and remains free on bail.

Clementi, of Ridgewood, jumped off the George Washington Bridge on Sept. 22, shortly after learning that Ravi and others had spied on him Sept. 19.

Ravi also is accused of trying to view a second encounter Sept. 21.

Clementi's death does not figure in the indictment. Defense attorneys argued that the widespread attention the case has received is linked to Clementi's suicide and has clouded the prosecution.

In the motion rejected by Berman, Ravi's attorneys contended that the Middlesex County Prosecutor's Office had overcharged the case and distorted the facts.

Berman has scheduled a hearing for Oct. 20 at which he is expected to set a trial date. Ravi could face up to five years in prison if convicted of the most serious bias-intimidation charges.

The judge ruled on several other defense motions, but he said they would not take effect for seven days, to allow the prosecution time to consider appeals.

Over the objections of Assistant Prosecutor Julia McClure, Berman ruled that the defense should be given the name and birth date of the man who was in the dorm room with Clementi.

In court documents, he has been identified only by his initials, "M.B."

Berman ruled that defense attorney Steven D. Altman could have the information, but barred him from making the man's name or any other details public.

Altman said that he had no desire to publicize anything about M.B. personally, but would like to question him about Clementi's "behavior, demeanor, and attitude." That, he said, could help build a defense against the bias-intimidation charges.

The defense would like to show that Clementi felt neither intimidated nor harassed by Ravi.

M.B. had indicated, according to the prosecutor, that he might agree to be questioned by the defense, but only in the presence of a representative of the Prosecutor's Office.

M.B. has told investigators that he met Clementi through an online chat room and dating service for gay men. He has no obligation to speak to the defense, Berman pointed out.

The judge withheld rulings on defense motions to gain access to notes allegedly written by Clementi and to Clementi's computer.

Berman said he tended to agree with the prosecution's argument that that information was not relevant, but he said he wanted to privately review Clementi's notes and the contents of his computer before deciding.

He said he had the same reservations about a defense request for information gathered by Port Authority of New York and New Jersey police who recovered Clementi's body.

McClure objected not only to the defense's having access to the information, but also to the judge's reviewing it privately. Berman granted a seven-day delay after McClure said she wanted to consider filing an objection with the Appellate Division of Superior Court.

While lawyers for Ravi concede he exercised poor judgment and may have been insensitive, they claim he never intended to intimidate or harass Clementi because of his sexual orientation.

Ravi dropped out of Rutgers shortly after being arrested in October.