Appeals trial comes to BSU

Students can hear oral arguments for voyeurism case

What started out as two father's talking at their sons' sporting event turned into an opportunity for the Ball State University community to witness a judicial process not seen by many, Mike Spillman, telecommunications professor said.

"Many students only perception of the law comes from 'Law and Order' or an appearance in traffic court," he said.

Spillman met Judge Paul Mathias at a game, who brought up the idea of having a case at Ball State. Spillman then talked to Ball State about the idea and orchestrated the event.

The Indiana Court of Appeals will listen to oral arguments in the case of David Lee v. State of Indiana at 1 p.m. today in Pruis Hall.

The appeal involves the evidence seized by the police after Lee's fiance found videotapes that recorded women undressing in his basement photography studio. She contacted the police, and they searched the home and found more than 300 videotapes and hidden cameras. Lee was charged in 2003 with 36 counts of voyeurism.

The Court of Appeals is reviewing the decision by the Lake County Superior Court to deny Lee's motion to suppress the evidence. The case involves the Fourth Amendment of the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution, which both address unreasonable search and seizure, Mathias said.

"Anyone who has the opportunity to hear these oral arguments can gain a greater appreciation for their rights and responsibilities ," Mathias said.

This case is on interlocutory appeal, which is filed before a trial is finished. In this case, the Court of Appeals must decide whether the evidence can be legally presented at trial, Mathias said. After the ruling, the case will continue in Lake County Superior Court.

The appeal will be heard by a three-judge panel that is led by Mathias and include Justices L. Mark Bailey and Patrick Sullivan. The appellate panel judges are chosen at random as well as which case each panel will hear. The Court of Appeals is made up of 15 judges and each year a judge must serve on three different panels for a period of four months, Mathias said.

Oral arguments will begin at 1 p.m. and will be heard from either side and are limited to one hour. After the oral arguments the audience is invited to participate in a question-and-answer session with the justices.

"For one day tomorrow, Pruis Hall will become a court room," Spillman said.


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