Charges of public indecency were dropped [last week] against an ex-city prosecutor because of a paperwork problem. But officials said they would re-file the case against Scott Blauvelt, who has been accused of walking through public buildings after hours in the nude.
“A technicality is causing us to re-file the paperwork,” Butler County Sheriff’s Chief Deputy Anthony Dwyer said Tuesday.
What was this “technicality”?
Blauvelt had pleaded not guilty by reason of insanity to two counts of public indecency in Municipal Court, where he worked from March 2005 until he was fired last month. A judge dismissed the charges Tuesday after authorities acknowledged they were filed under an outdated section of law.
See? When your legal research instructor read you the riot act about Shepardizing and Keyciting, it was for your own good.
Blauvelt’s lawyer challenged the charges on several grounds, including those offered by Professor Orin Kerr:
Gmoser argued the charges against Blauvelt never should have been filed, because his alleged nude strolls were unlikely to be seen by anyone in a public office building that is nearly deserted at night.
While Blauvelt’s unclothed ambulation may have been ill-advised, was it really illegal? We once heard a story about a female partner walking into the ladies’ room late on a Saturday night, where she found an associate and his girlfriend getting it on. Clearly they were guilty of poor judgment (and taste). But were they guilty of “public indecency,” considering that they were doing it in the relatively private place of the ladies’ room, late on a Saturday night?
(Actually, considering that the story supposedly took place at a big law firm in New York, one might reasonably expect people to be around on a Saturday night. But government offices in Ohio? Let’s get real.)
Charges Dropped Against Lawyer [Cincinnati Enquirer]