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Dharun Ravi Seeks Dismissal of Hate Crime Convictions

PHOTO: Star-Ledger

Former Rutgers University student Dharun Ravi is seeking to overturn his bias intimidation conviction  after using a webcam to record and live-stream roommate Tyler Clementi's sexual encounter with another man in September 2010. The 18-year-old Clementi committed suicide only three days later.

The appeal was filed this week, reports the Star-Ledger.

The 33-page brief filed in Superior Court in New Brunswick contends evidence presented at trial showed Ravi was not guilty of invading the privacy or intimidating his roommate, Tyler Clementi. "There has been no evidence of bias nor evidence of intimidation," wrote the lawyers, Steven Altman and Philip Nettl, who represented Ravi at trial. Neither was there evidence Clementi felt intimidated, they wrote. "A person cannot be intimidated under the statute unless they were the recipient of intimidating behavior ... Here there was none."

Clementi did complain about the webcam incident to a resident assistant at Davidson Hall on the Busch campus in Piscataway, according to trial testimiony, and applied for a room change, saying Ravi’s behavior made him uncomfortable.

Witnesses testified that Ravi not only positioned the webcam toward Clementi's bed, but attempted to stream a second encounter and invited students to a "viewing party" Skype and Twitter. Text messages showed that Ravi told friends that he was "creeped out after" watching the encounter and said, "Keep the gays away."

Clementi took his life on September 22, 2010 by jumping off the George Washington Bridge. Ravi was not charged in Clementi's death.

Of the 35 separate charges on 15 counts, Ravi was convicted of 24 charges on March 16. The convictions include invasion of privacy, bias intimidation, witness tampering, hindering arrest and hate crime charges. The 20-year-old Dharun Ravi could face 10 years in prison and eventual deportation to his native country of India. Sentencing is May 21.

VIDEO: Molly Wei Testimony, Describes Ravi's Webcam Spying

PHOTO: Star-Ledger

Former Rutgers University student Molly Wei testified that Dharun Ravi was "freaking out" when he spied on his roommate kissing another man in their Rutgers dorm room via a webcam, reports the Star-Ledger.  Only three days later, 18-year-old Tyler Clementi jumped to his death from the George Washington Bridge after learning that he had been spied upon.

Wei and Ravi were both arrested in September 2010 after allegedly spying on Ravi's roommate on Sept. 19, 2010 by activating a webcam in Ravi's room from Wei's computer, in a room across the hall. They saw Ravi's roommate, Tyler Clementi, for a few seconds kissing a man in their room. "He just opened a chat box with himself," Wei said of Ravi. "After that popped up an image of Tyler and his guest."

She said they both were surprised and shocked when they saw the two kissing, fully clothed. Wei said it was the first time she had ever seen two men kissing. "Initially we were saying how we couldn't tell anyone what had just happened," Wei said. When asked why not, she said "It shouldn't have happened, we saw something that we didn't expect to see and it just felt weird."

But "within the hour," Wei agreed to show some of the video stream "to four other women who visited her dorm room," reports the AP.

Wei also testified that she received "frantic" text messages from Ravi during the time she was questioned by police about the alleged webcam spying of Tyler Clementi's gay tryst.

"Did you tell them we did it on purpose? What did you tell them when they asked why we turned it on? I said we were just messing around with the camera," Ravi said in messages.

Dharun Ravi faces15 criminal counts—including invasion of privacy, bias intimidation, witness tampering, hindering arrest and hate crime charges. Wei agreed to a plea deal and to testify against Ravi, who allegedly used Wei's computer in her dorm room to activate his webcam via Skype.

Watch highlights of the testimony AFTER THE JUMP ...

VIDEO: Testimony Begins in Tyler Clementi Webcam Spying Trial

The first testimony has been heard in the trial of the former Rutgers University student accused of recording and live-streaming roommate Tyler Clementi's sexual encounter with another man in September 2010. The 18-year-old Clementi later jumped to his death from the George Washington Bridge after learning that he had been spied upon. Dharun Ravi is not charged in Clementi's death.

Prosecutors said Ravi was "mean-spirited and malicious" in opening arguments, reports the Star-Ledger.

Middlesex County First Assistant Prosecutor Julia McClure laid out the state’s case. ... "It was purposeful, intentional … mean-spirited, malicious and criminal," McClure said of the spying she described. As she spoke, McClure stood a few feet from Clementi’s parents and brother, who were seated in the front row. "Those acts were meant to cross one of the most sacred boundaries of human privacy, engaging in private, sexual human activity."

Witnesses testified watching the encounter:

Cassandra Cicco, a Rutgers freshman in September 2010... testified Ravi told her he streamed the video to confirm his suspicions Clementi was gay. Cicco said she was in her room when the webcam was activated on Wei’s computer. "It came up for a split second; it was a quick video. We saw two males leaning against the bed making out," said Cicco, who was [Molly] Wei’s roommate. "We were all just like, ‘Oh, okay, that happened,’ and that was the end of it."

Cicco [and others] all either were present or [heard] about the second unsuccessful attempt. They acknowledged it piqued their curiosity, but "we really didn’t think that it was that big of a deal," Cicco said.

In April 2011, Ravi was indicted by a New Jersey grand jury on 15 counts—including invasion of privacy and hate crime charges. One month later, former Rutgers student Molly Wei agreed to testify against Ravi, who allegedly used Wei's computer in her dorm room to activate his webcam via Skype.

Ravi rejected a plea deal that would have kept him out of prison and sought to prevent his deportation to India. Watch ABC News' report AFTER THE JUMP ...

Dharun Ravi Rejects Plea Deal in Tyler Clementi Webcam Spy Case

The former Rutgers University student accused in the secret recording and live-streaming of roommate Tyler Clementi's sexual encounter with another man has rejected a plea deal, reports the Star-Ledger. Dharun Ravi has  gambled on a trial and rejected a deal that would have kept him out of prison and sought to prevent his deportation,

Ravi is accused of using a hidden webcam to secretly record and  transmit 18-year-old Clementi and another man on September 19, 2010. Clementi later jumped to his death from the George Washington Bridge after learning that he had been spied upon. Ravi is not charged in Clementi's death.

The 19-year-old former Rutgers University student refused today to plead guilty to any of 15 charges accusing him of bias intimidation and using a webcam to remotely spy on his former roommate, Tyler Clementi, in their dorm room last year. By opting for a trial, Ravi risks prison time and deportation if he’s convicted. The plea deal had called for probation and included the Middlesex County Prosecutor’s Office’s offer to help Ravi if immigration authorities moved to deport him.

"Why did he reject the plea?" Ravi’s attorney, Steven Altman, was asked after the hearing. "He’s innocent. He’s not guilty. That’s why he rejected the plea." Ravi could also face deportation if he is convicted because he was born in India. Altman said Ravi has a green card and "is here legally," but "deportation could be an issue."

In April 2011, Ravi was indicted by a New Jersey grand jury on 15 counts—including hate crime charges. The indictments charge Ravi with attempting to "cover up the crime by deleting text messages from his phone and changing an incriminating post about the webcam on his Twitter account. He also allegedly tried to persuade friends not to testify against him.

One month later, former Rutgers student Molly Wei agreed to testify against Ravi, who allegedly used Wei's computer in her dorm room to activate his webcam via Skype.

New Jersey toughened its anti-bullying laws in the months after Clementi's suicide. The new legislation is described as the "strictest anti-bullying statute in the nation."

PHOTO: Star-Ledger

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Wei Enters Plea Deal in Clementi Webcam Spying Case

Tyler Clementi's Family Threatens to Sue Rutgers Over Son's Suicide

The parents of the Rutgers University freshman who jumped to his death off the George Washington Bridge after two fellow students allegedly used a Web cam to live-stream his sexual encounter with another man may sue the schoo;l.

Tyler Clementi's parents filed notice Friday. They had to give notice within 90 days to preserve their right to sue over their son's Sept. 22 death, which became a "national flash point in the debates over gay rights, bullying and personal privacy in the Internet age," reports the New York Times.

Rutgers University issued this statement:

"We at the university share the family’s sense of loss of their son, who was a member of our community. We also recognize that a grieving family may question whether someone or some institution could somehow have responsibility for their son’s death. While the university understands this reaction, (Rutgers) is not responsible for Tyler Clementi’s suicide."

Clementi's former roommate and another student have been charged with criminal counts of invading his privacy. Prosecutors have said they may press for additional counts that would make the invasion of privacy a hate crime. Both students have withdrawn from university.

In November, the New Jersey legislature overwhelmingly passed the "Anti-Bullying Bill of Rights", described as the "strictest anti-bullying statute in the nation." The bill passed the Assembly 71-1 and 30-0 in the Senate. Republican Gov. Chris Christie "isn't sure" if will sign the bill that passed with a veto-proof majority.

You May Have Missed:
Webcam Spying Victim Sought Help Before Suicide
Tyler Clementi's Body ID'd; Hate Crime Charges Possible
Lawyers: No Sexual Contact on Clementi Webcam Video
WATCH: Hundreds Attend Vigil for Clementi in NJ and NYC
NJ Legislature Passes Nation's Toughest Anti-Bullying Bill

Shocker! Shani Davis Ends 15-Race, World Cup Win Streak in 1000M

It was bound to happen. Olympic gold medalist speedskater Shani Davis has finally lost at 1,000 meters in the speedskating World Cup, ending his 15-race winning streak. Samuel Schwarz of Germany won the event in Obihiro, Japan in 1 minute, 9.98 seconds, edging Davis by 0.17 of a second.

The speedskating hotness has not lost a 1,000-meter World Cup race since Jan. 25, 2009 in Russia after cut his leg with his blade. "I'm glad it's over,'' Davis tells reporters.  "I was hoping to improve today, but this will give me something to work on when I go home.''

Bravo Shani. The Chicago Olympian competes next at the U.S. Championships Dec. 30 in Salt Lake City.

UPDATE: Tyler Clementi's Body ID'd; Hate Crime Charges Possible

Tonight there are two updates to the heartbreaking case of Tyler Clementi, the Rutgers University freshman who jumped to his death off the George Washington Bridge after his roommate secretly recorded and live-streamed his sexual encounter with another man.

A body fished from the Hudson River north of the GWB has been positively identified as Tyler Clementi's, reports NJ.com and the Daily News. The body was recovered on September 23, one day after the 18-year-old student leaped from the span. The cause of death was suicide by drowning, with blunt impact injuries to his torso, says the New York City Medical Examiner.

The Middlesex County Prosecutor's office has charged Clementi's former roommate, Dharan Ravi, and another freshman, Molly Wei, both 18, with invasion of privacy. Both are free pending court hearings.

Hate crime charges are now being considered against the Rutgers students, reports NJ.com.

"'The initial focus of this investigation has been to determine who was responsible for remotely activating the camera in the dormitory room of the student and then transmitting the encounter on the Internet,' Middlesex County Prosecutor Bruce Kaplan said in a statement released this evening. Now that two individuals have been charged with invasion of privacy, we will be making every effort to assess whether bias played a role in the incident, and, if so, we will bring appropriate charges.' Gov. Chris Christie called Clementi's death an "unspeakable tragedy" today and said he would let Attorney General Paula Dow to evaluate whether bias charges would be warranted.

Ravi is accused of using a hidden webcam to surreptitiously transmit a live image of Clementi having sex with another man on September 19. Ravi reportedly went down the hall  to Wei's dorm room and used Skype to activate the webcam and streamed the session via Twitter. Ravi has claimed this was an accident, but he attempted it a second time on September 21, authorities said, and messaged on his Twitter account: "Anyone with iChat, I dare you to video chat me between the hours of 9:30 and 12. Yes it's happening again." The live feed was unsuccessful because Clementi was alerted by students and disconnected the webcam and turned off the computer.

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Webcam Spying Victim Sought Help Before Suicide?

WATCH: CNN's Don Lemon Reveals Childhood Sexual Abuse to Eddie Long Supporters

Sorry for not posting this last night. CNN’s Don Lemon made a startling confession on live television: The anchor revealed that he had been the victim of a pedophile as a child.

The anchor's admission happened during a Saturday evening segment with supporters and members of Bishop Eddie Long's New Birth Missionary Baptist Church. Lemon described the relationships and patterns alleged by  Long's accusers, "Let me tell you what got my attention about this and I have never admitted this on television. I’m a victim of a pedophile when I was a kid. Someone who was much older than me."

Lemon added that the pattern described by Long's accusers was exactly what he experienced. "I’ve never admitted that on television and I never told my mom until I was 30 years old," Lemon said. "Especially African-American men don’t want to talk about those things."

Also worth noting:  Like their pastor who finally spoke this morning, the three young guests in the studio expressed no concern for the young accusers. And despite the similar stories from the young men in different parts of the country—two of the four accusers have never met the others, btw—the guests said they will still "stand by the bishop" and he did not "look" like a predator.  Kevin Bond, the former New Birth employee seen on Skype from London, had a much more nuanced position and admitted the growing allegations were "troublesome." "The Black church is loyal, sometimes even to a fault," Bond admitted.

You can say that again.

A very candid and very honest moment in live television. Since then, the anchor has received plenty of public support at Facebook and Twitter. Watch the segment AFTER THE JUMP ...