Posted on 01/14/2005 9:24:51 PM PST by plan2succeed.org
Man Admits to Public Indecency at Library By Christy Gutowski, Daily Herald Legal Affairs Writer Posted Friday, January 14, 2005
A judge banned a man from using computers inside DuPage County libraries after he pleaded guilty Thursday to public indecency for an incident at Nichols Library in Naperville.
[The perp] admitted fondling himself May 18 while he perused porn on a library computer. His arrest sparked a battle regarding privacy issues between local police and library officials.
The 35-year-old Naperville man must perform 50 hours of public service and serve a two-year period of probation during which he is banned from library computer use. He also must steer clear of the children's sections.
Prosecutors had sought a 180-day jail sentence, but the defense successfully argued [the perp] had been punished enough. He lost his job at a Naperville Walgreens after the arrest.
[The perp] also is seeking voluntary therapy to treat his obsessive compulsive disorder, said Jackie Lacy, a senior assistant public defender. He did not have any prior criminal history.
"The embarrassment and level of shame he has is extraordinary," Lacy said. "He's addressing his issues and has done so on his own. He realizes he has a problem and needs help."
Three male teens reported to a library supervisor that another patron in the computer lab was touching himself while looking at pornography. [The perp] never exposed himself.
After being confronted, [the perp] told the supervisor he was leaving. The supervisor later reported the allegations to police at the teens' urging.
Police asked library officials if they could review their records to identify the man, who had left the building. Initially, library officials refused, citing state privacy laws prohibiting the release of such information without a court order.
Police obtained the subpoena and identified [the perp] the next day after reviewing the library's records. Although young children did not witness the crime, prosecutors said several between the ages of 9 to 14 were nearby.
"He admitted he was watching pornography and that he knew kids were around him," prosecutor David Rafferty said. "He admitted doing it on two prior occasions."
As part of the sentence, DuPage Associate Judge Brian McKillip ordered that [the perp] be placed on a special kind of strict probation for people convicted of sexual offenses. For example, the defendant's proximity to parks, schools and other places where children are present will be restricted.
I have no interest in a debate on this subject. I merely offered a relevant datum, and you've come up with an interpretation which you think explains it away. I see no need to challenge your view.
Not sure if the police, investigating a crime, would be defined as "the public", would they?
Another possible way of looking at it is to say the Police are not "the public." The act says the info must not be disclosed to the public. Presumably the Police are part of the same governmental structure as the librarian. Therefore, information could be released to the police without it being considered a public release. Just a possibility I post for others to consider.
When I first saw the headline, I thought they had arrested Clinton at his library.
bttt
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