Rutgers student Tyler Clementi jumped to his death from the George Washington Bridge in September 2010. Before committing suicide, Clementi posted a message on his Facebook page: "Jumping off the gw bridge sorry."
Clementi's encounter with an unidentified male had been live-streamed over the Internet. Dharun Ravi, 18 at the time Clementi committed suicide, has been charged with a hate crime for having set up the webcam that streamed the incident.
The trial began Friday and continued today with student witnesses testifying to how they crowded around a computer screen to watch two men kissing.
At what point does such behavior rise to the level of a hate crime?
What constitutes a hate or bias crime in New Jersey?
Most states have enacted bias crimes but define them differently. New Jersey's bias crime statute is 15 pages long and identifies certain activities as crimes. In this case, the state must prove Ravi meant to intimidate Clementi because of his sexual orientation and Clementi believed he was being intimidated because of his sexual orientation.
What are the arguments of the defense?
In a Reuters story, defense attorney Steven Altman said Ravi was immature and showed poor judgment but committed no crime. The defense claimed the live-streamed video was only 5 seconds long and it was impossible to identify the subjects. Defense attorneys called witnesses who said Ravi's webcam setup had no malicious intent. Austin Chung testified Ravi told him Clementi "is a nice guy." Cassandra Cicco testified Ravi told her he didn't have issues with homosexuals. Ravi friend Alvin Artha testified he wasn't bothered by Clementi's sexual orientation but worried about an older, allegedly unkempt stranger being in their shared room.
What does the prosecution argue?
NJ.Com quoted prosecutor Julia McClure saying Ravi's intent was "purposeful, intentional, mean spirited, malicious and criminal." The prosecution intends to prove that by Twitter messages posted by Ravi and by a room request change by Clementi in which he claimed Ravi was spying on him. The prosecution contends false statements to police by Ravi and Molly Wei are also proof of guilt.
What are the potential consequences?
Ravi is charge with multiple counts of bias intimidation (hate crime), invasion of privacy and hindering apprehension. Invasion of privacy and bias intimidation charges against Ravi could get him 10 years if convicted on the top counts.
What are some weaknesses in the defense?
Lead prosecutor Julia McClure says she will present evidence showing Ravi and Wei deleted, revised and reposted Twitter messages to conceal Ravi's spying and that he encouraged Wei to give false statements to police. Evidence of evasion is generally considered an acknowledgement of guilt in the legal system.
Are there weaknesses in the prosecution case?
Charges against Wei were dropped in exchange for her testimony against Ravi. The defense will argue Wei's testimony is self-serving. The trial judge also responded to a defense motion and threw out a statement made by Clementi on his request for room change. Since Clementi cannot be cross-examined on his spying and harassment allegation, the judge ruled it could not be part of the record.
Anthony Ventre is a freelance writer who has written for weekly and daily newspapers and several online publications. He is a frequent contributor to Yahoo in news pertaining to New Jersey, Pennsylvania, and New York.
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