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Hidden camera in Mass. college bathroom leads to 16-count indictment against student
The case, and other similar ones, have the Berkshire D.A. fighting for stronger penalties on crimes of this nature.
After the alleged discovery of a hidden camera in a gym bathroom, a Williams College student pleaded not guilty to 16 counts of photographing, videotaping or electronically surveilling a partially nude or nude person in Berkshire District Court on Wednesday.
According to court documents, Maxwell Hall, 21, was released on personal recognizance, subject to the condition that he obey all local, state, and federal laws and court orders and refrain from disclosing the identities of the alleged victims.
Williamstown police were alerted about the incident on Jan. 16 when they received a report from the college’s Campus Safety Services about suspicious activity in the Lasell Gymnasium, according to the Berkshire District Attorney’s office.
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A student reported the camera to campus security after discovering the device, disguised as a phone charger, in the second-floor bathroom of the gym.
According to the D.A.’s office, the camera captured images of 16 victims over a six-hour period.
Over the next several days, campus police conducted sweeps of all restrooms across Williams’ campus but did not find any additional cameras.
Hall’s attorney, Peter Horstmann, is challenging the indictments by filing a motion to suppress evidence, arguing that police improperly searched a digital camera without a warrant.
The motion, filed Wednesday, claims the camera lacked Wi-Fi capability, meaning whoever placed it in the restroom would have had to retrieve it in person to access its contents. As a result, Horstmann argues, it would have been impossible for Hall to have shared any footage remotely.
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Thus, police instead conducted a search, or “examination,” directly of the camera’s contents. Horstmann argued that the police used the contents of this “warrantless search” to secure three separate search warrants on Hall’s dormitory room.
Hall’s evidentiary hearing on suppressions is scheduled for Aug. 4.
Horstmann declined to comment on Friday.
Hall has not been in attendance at Williams since Jan. 29, the end of the winter study term, according to a college spokesperson.
Berkshire D.A. wants harsher penalties
In a press conference on Thursday, Berkshire District Attorney Timothy Shugrue addressed three cases, including this one, involving electronic recording or surveillance of nude, or partially nude, persons, and proposed legislation to introduce harsher penalties.
“The despicable nature of this crime … is only a misdemeanor in Massachusetts when its victims are adults,” Shugrue stated. “If the criminal targets children, the crime is a felony; however, the minimum sentence does not match the seriousness of the crime.”
Shugrue argued that the state laws are not protecting victims of this crime to the extent that they should.
If a person is 18 or older, the person who violates that person’s privacy might not face a sentence that is anything more than a fine. But a person caught receiving or sharing explicit images of someone else faces felony charges, receiving harsher penalties than the person who took the photos without consent in the first place.
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“That doesn’t make sense – and it certainly doesn’t deliver justice,” Shugrue said.
Meanwhile, access to surveillance devices, such as tiny cameras, microphones, and other tools, is easier and cheaper than ever before.
Shugrue said that as would-be perpetrators gain easier access to this technology, he expects crimes of this nature to grow while victims are left traumatized, humiliated, and without any protection or recourse.
Shugrue will testify in front of the Massachusetts House of Representatives on June 17 to support two bills: An Act relative to sexual assaults by adults in a position of authority or trust, and a second involving electronic recording or surveillance of nude or partially nude persons.
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