Defense Asks for Mistrial as Testimony Continues about Clementi Webcam

New Jersey News | Mar 1, 2012

The defense attorney for Dharun Ravi requested a mistrial Thursday, but it was turned down by Middlesex County Judge Glenn Berman.

Attorney Philip Nettle asked for the mistrial because it came out during testimony Thursday morning that the witness, Lokesh Ohja, a friend of Ravi, had spoken with the prosecutor this morning, which was in between his testimony that began yesterday and continued today.  

But Berman ruled that the discussion — which focused on two photos of Ravi’s room and was apparently just a clarification about whether he could answer questions about them — did not have any negative impact on Ravi’s case.

Meanwhile more witnesses took the stand. The former captain of Rutgers University's club Ultimate Frisbee team says a teammate told him about trying to use a webcam to "capture images of his roommate" and that he seemed uncomfortable that his roommate was gay.

It was the first testimony to suggest Ravi might have been homophobic in the Rutgers webcam spying trial.

Jeffrey Irving was the Ultimate Frisbee captain in September 2010 when Ravi used a webcam to spy on his roommate. Tyler Clementi committed suicide days later.
 
Irving testified for the prosecution that he and Ravi talked about Clementi on “multiple occasions” and usually around several teammates.

“I remember that it was brought up that he had a suspicion that his roommate was gay,” Irving testified.  “From my observation of his demeanor he appeared uncomfortable with the situation."
 
Under cross examination, the defense asked Irving if he  heard Ravi actually say he was uncomfortable with Clementi’s sexuality.  Ravi never said it in words, Irving testified, but that was his impression.

Ravi’s state of mind is key because the most serious charge against him, bias intimidation, requires the prosecution to prove he targeted Clementi because he was gay. 

Ravi, who turned 20 on Tuesday, is also charged with invasion of privacy and hindering an investigation.

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