Stoughton District Court

DEFENDANT WAS CHARGED WITH 41 COUNTS OF SECRETLY VIDEOTAPING MEN USING THE URINAL AND BATHROOM IN THE MEN’S LOCKER OF A FITNESS CENTER. DEFENDANT WALKS AWAY WITH NO CONVICTION, NO JAIL TIME, AND NO SEX-OFFENDER REGISTRATION.

Defendant, a 24 year-old with no criminal record, was charged with 41 counts of Photographing Sexual Intimate Parts without Consent pursuant to G.L. c. 272, §105. Defendant was an employee for a fitness center. Employees discovered a recording device in a shower-caddy that was positioned at the base of the urinal in the men’s locker room. Employees suspected that the Defendant was the person to have installed the camera. Whenever the cleaning crew went into the men’s locker room to conduct cleaning, Defendant would rush into the locker room and was seen removing the shower-caddy. Police obtained the Defendant’s personal emails to Amazon indicating that the camera he purchased was mechanical issues and he requested a new camera. The camera identified in the Defendant’s emails matched the make and model of the camera found in the locker room. Police obtained a search warrant for the Defendant’s residence and recovered numerous electronic devices, including cameras matching the camera found in the locker room. The electronic devices contained videos of men using the urinals in the bathroom. The case was indefensible, impossible to defend, and was unwinnable at trial. The issue for Attorney Patrick J. Noonan was to seek the best resolution possible for the client, which would not include a conviction, jail time, or sex-offender registration. This was a case where the goal of sentencing was aimed at treating the root cause of the criminal conduct (underlying mental health issues) and to concentrate on treating and rehabilitating the defendant, as opposed to incarcerating him, which would not get at the root of the problem.