By

CBSNews /

CBS/ November 1, 2010, 12:55 PM

Lawyers: Nobody Saw Tyler Clementi Video

It's been almost six weeks since Rutgers freshman Tyler Clementi committed suicide after two classmates allegedly spied on him via webcam during a sexual encounter he was having with another man. The story has gained international interest as a horrible example of cyberbullying, and until now, the two accused of spying have kept a low profile.

CBS News National Correspondent Jeff Glor reported on "The Early Show" Monday Dharun Ravi and Molly Wei have remained silent about the entire incident surrounding fellow classmate Tyler Clementi's death -- but attorneys for both students are now speaking out, disputing allegations against their clients.

Ravi and Wei face are charged with invasion of privacy. They're accused of using a webcam to spy on classmate Clementi during his sexual encounter with another man September 19. But Ravi and Wei's lawyers tell the Newark Star Ledger their clients didn't see anything sexual.

Tyler Clementi Suicide Result of Hate Crime?
Tyler Clementi, Taped Having Sex, Kills Self

Rubin Sinins, Wei's attorney, told the newspaper, "The statue of defining sexual contact refers to nudity and private parts, and, to my knowledge, nothing like that was seen."

The lawyers also contend their clients did nothing with the small amount of video they did see.

Steve Altman, Ravi's attorney, told the paper, "Nothing was transmitted beyond one computer and what was seen was only viewed for a matter of seconds."

Ravi did use his Twitter account, followed by 150 people, to say that Wei had seen Clementi, "making out with a dude."

But no matter who saw it, Glor reported, legal experts say it may only matter whether or not Clementi believed the video made it to the Internet.

Tim Wu, a law professor at Columbia University, said, "This question of whether in fact the video was disseminated on the Internet is of very little legal relevance. … What I think we have to think about is whether the victim thought this film was being put on the Internet, because that may have been why he killed himself."

On September 22, Clementi jumped to his death off New York's George Washington Bridge.

Wu said, "It's not just a prank, it's not a joke. People do things like kill themselves when you invade their privacy for their most important secrets."

Ravi and Wei, both 18, have withdrawn from Rutgers and are now facing up to five years in prison.

But prosecutors are considering whether to upgrade the charges to bias, or so-called "hate" crimes.

Glor added Ravi and Wei, who were high school friends before Rutgers, are both free for the time being, Ravi on $25,000 bail.

On "The Early Show" CBS News Legal Analyst Jack Ford discussed the possible legal ramifications of the assertions being made by the awyers for Ravi and Wei:

Copyright 2010 CBS. All rights reserved.
21 Comments Add a Comment
linkicon reporticon emailicon
Doesanyonereallyknow says:
Does anyone really know what happened. In Altmans opening statement he states that Ravi was not only a computer genius but that he also had prior knowledge of Clementis sexual orientation. So when Clementi ask for alone time what was the first thing he did. Goes to his friends room and brings up his webcam, which according to Altman he had experience with so he isn't just exploring what the webcam is capable of. He had to have an assumption of what was going on. Yes five to six seconds isn't a long time, but its long enough. We also have no knowledge of any words that were spoken between the roommates before or after the incident. Unfortunately Clementi is no longer there for comment.
reply
linkicon reporticon emailicon
dontforget911 says:
Its too bad about Tyler, he had a lot of emotion build up to commit suicide. The 2 kids who played the prank although were wrong however they are just kids doing unthinkable things. I'm sure we all did stupid things when we were 18 years old. Any time in jail is way too harsh. Have them do community service for 5 years as punishment.
reply
tcolors replies:
linkicon reporticon emailicon
I agree. The idea that jail will help these kids from hurting others is ridiculous. I feel making them attend programs that deal with suicide, bullying, and a gay teen help program would teach them better than jail. Also I think the court should make them seek out psychiatric help. They have to suffering over Tylers suicide too.
linkicon reporticon emailicon
tuathadedannan says:
This entire event is tragic, and so unnecessary; an example of one group trying to increase their social standing at someone else's. I wonder if Phoebe Prince's bullies also be charged with a hate crime? After all, the epithet "Irish S***" was used.
reply
tcolors replies:
linkicon reporticon emailicon
In that case of Phoebe Prince. It would be up to the lawyers to pursue. I am not familiar with the case but, if that phrase was used. The lawyers can add a hate crime to it. A hate crime is when a person or persons are abused for not who they are but what they are. If they attacked Phoebe because she is Irish. That would be considered a hate crime. The hard part for Tyler's lawyers and Phoebe's would be proving it.
linkicon reporticon emailicon
CCwaz says:
They didn't make him kill himself that was his choice, obviously he was already ashamed to make such a rash decision. There is no way this is just their fault, it's his, his parents, teachers, and friends who didn't notice he was sad and ashamed of who he was. I think this is a prank they could have pulled on anyone regardless of sexual orientation and if you put yourself in that position then you need to be prepared that someone might do something like that. It's called taking responsibility for your actions, don't have sex in a shared living space if you can't handle that something might happen like this. I am so tired of this hate crime BS, some people do mean things to everyone doesn't mean your special because your gay or black.
reply
nelsdm98 replies:
linkicon reporticon emailicon
Really? This young man did have the right to have consensual sex without being harassed. Who thinks to look for a webcam? I really want someone to explain to me like I'm a 2 year old how Tyler should have had forethought to see the shameless despicable acts that those two very well educated individuals pulled. So what you are saying is no one but Tyler has responsibility?
tcolors replies:
linkicon reporticon emailicon
So the person or persons doing the video taping do not have to take responsibility for their actions? Just the people who's privacy has been violated? You make NO sense what so ever! People can call it a hate crime, that's an opinion. It's up to the courts to decide if it was a hate crime. There is a difference between a crime and a hate crime. I suggest you check out the law and not just go with the words being thrown around.
linkicon reporticon emailicon
americalove1 says:
"you are a homophobe, you know...no, I guess, you don't know"

A prime example of intimidation! That's exactly what calling a person a homophobe is - intimidation. Go ahead, call me that too. I could care less! LOL
reply
linkicon reporticon emailicon
americalove1 says:
jgisme2,

"You are certainly free to believe whatever you choose and to practice those beliefs, but stop pushing your beliefs on others or condeming others that don't believe the same as you"

You mean it's Ok for the gay rights agenda people to do that, and to intimidate & try to indoctrinate evryone else, but Christians aren't allowed to express their beliefs or opinions in public, huh?

What unbelievable hypocrisy!
reply
vjhahn replies:
linkicon reporticon emailicon
There is no "gay rights agenda." Are gays and lesbians fighting to get equal civil rights under the law? Absolutely. We're not trying to brainwash anyone into anything. What you don't get is that we don't care what you think. We don't care whether you believe being gay is right or wrong. We only care that you're trying to restrict our civil rights. The majority should never ever be voting on the civil rights of the minority. Of course, you want to keep the status quo. Oppress, oppress, oppress. What you are so afraid of?
linkicon reporticon emailicon
nomorelibs says:
This is so ridiculous. If these two morons had taped a heterosexual couple having sex they would have gotten a slap on the wrist. Apparently Tyler was not happy with who he was, and his embarrassment was enough to take his own life. While it is very sad he felt this way, these two should not be doing serious jail time for their ignorance. Goes to show in this country, don't cross any of the fringe, minority, or religious groups or you'll be sorry.
reply
tcolors replies:
linkicon reporticon emailicon
What are you talking about? These two are being charged for the same things anyone else would be charged with under the same circumstances. No one has been found guilty in a court of law. Maybe they will get a slap on the hand. I frown upon these two as I would frown upon anyone else that video taped someone without permission. Your last statement is really ridiculous. Maybe your right the "fringe, minority, or religious groups" are here in America for us to ridicule and abuse.
linkicon reporticon emailicon
davefromdayton says:
These two made a mistake, they should get in some trouble. But 5 years, maybe bumped up to 10. Micheal Vick only got 2 years. I'm sorry, they had nothing to do with Tyler's suicide. If he couldn't accept who he was, that is on him. Tyler killed himself, he holds the responsiblity for his actions. In life you will face challenges and issues, it is how you deal with them that makes you the person you are.
reply
vjhahn replies:
linkicon reporticon emailicon
It's really quite sad that you're comparing the value of this young man's life to a dog's. It's not the same at all. And when you have two people that contributed to the mindset that led Tyler to commit suicide, without a doubt there is culpability. Fully responsible? No. 5-10 years responsible? Well, that's a decision for a judge and jury, but it doesn't seem ridiculous.
linkicon reporticon emailicon
koyt2 says:
The little fruit cake was caught dead to rights and could not take the heat
reply
tcolors replies:
linkicon reporticon emailicon
You should be embarrassed.
linkicon reporticon emailicon
Jayem1 says:
@jgisme2 A sanctimonious and wretched comment -- thank you for the born-again benefit of your superior "insight"...you are a homophobe, you know...no, I guess, you don't know. Comparing the victim to a worm, no less, and couching it in stomach-churning religious nonsense..."as far as this world is concerned," I'm afraid, you are part of the problem. They "made a choice that helped Tyler" -- what tripe.
reply
See all 21 Comments