By Karen Sudol, The Record (Hackensack N.J.) –
NEW BRUNSWICK, N.J. — Dharun Ravi’s decision not to testify in his bias intimidation trial came as no surprise to seasoned criminal defense attorneys following the case, who said he could have potentially hurt himself on cross-examination.
And attorney Steven Altman’s decision to rest Monday after calling just nine people to the stand, seven of them character witnesses, could indicate that the defense believes the prosecution did not prove its case — that Ravi was anti-gay and manipulative when he used a webcam to spy on his roommate’s sexual encounter with another man.
“The only real aspect of a substantive defense is a defendant taking the stand, and if the defendant’s version has already been presented to a jury on video, there’s no reason to repeat, bolster or contradict that version by subjecting yourself to cross-examination,” said John S. Furlong, a New Jersey-based criminal defense attorney of 30 years.
Furlong was referring to a videotaped police interview of Ravi that jurors saw last week in which he admitted invading the privacy of his roommate, Tyler Clementi, but initially said he did so to keep his iPad from possibly being taken by Clementi’s guest. “By putting that videotape in front of a jury, Ravi has his version without cross-examination. And his version is, ‘Yes I put the camera up but I meant no harm.’”
Ravi, 20, of Plainsboro, N.J., is charged with multiple counts of invasion of privacy, hindering prosecution and bias intimidation — a hate crime. Over 10 days, the prosecution worked to prove those counts, bringing about two dozen witnesses to the stand, including Rutgers students, housing officials and Clementi’s lover.
The question a jury will have to decide is what Ravi’s intent was in using the webcam. Prosecutors have said he intended to humiliate his roommate and his companion — because they were gay — by spying on them kissing on Sept. 19, 2010. Two days later, Ravi invited Twitter followers to video chat with him to watch a second encounter for themselves.
But Clementi, of Ridgewood, N.J., prevented that from happening when he unplugged Ravi’s computer after reading the tweet and before his visitor, identified only as M.B., arrived. The next day, Sept. 22, Clementi killed himself when he jumped off the George Washington Bridge.
Ravi’s attorneys have characterized Ravi’s actions as childish yet not malicious or motivated by bigotry.
Defense attorneys choose not to call their clients to testify about 90 percent of the time, Furlong said.
After Ravi told the judge that he was electing not to testify, Altman said during the lunch break that he didn’t call Ravi because he didn’t believe there was anything to gain from it.
“There was no reason to put him on,” he said. “There were witnesses that came forward and said he was not biased. There is no reason to subject him to cross-examination.”
Furlong and Chris Leibig, a criminal defense attorney of 16 years from the Washington, D.C., area, said it’s also not unusual for a defense team to call a small number of witnesses before resting a case; the state bears the burden of proof beyond a reasonable doubt.
Leibig said the number of defense witnesses could be a reflection of the state not having proven its case.
“They have painted a picture of how the intention was not bias related and that the government’s case was overdone,” he said of the defense.
In any criminal case, prosecutors must prove a defendant “did it and meant to do it,” Furlong said.
“She’s (First Assistant Middlesex County Prosecutor Julia McClure) proven that he did it but has not proven he meant to do anything except act like an 18-year-old jackass,” he said.
Before resting, Altman called seven character witnesses on Friday — all friends or former or current business associates of Ravi’s father — who said Ravi never expressed any anti-gay sentiment. But they also said they never discussed the subject of homosexuality with Ravi.
Altman also questioned investigator Frank DiNinno on Friday and Monday about interviews he conducted with Rutgers students during the probe, with much of the direct examination centered on interviews with prosecution witness Lokesh Ojha.
Ojha, a dorm mate of Ravi’s, testified that he helped Ravi direct the webcam at Clementi’s bed just hours before Ravi planned to watch a second intimate encounter.
Summations will begin Tuesday with the defense’s closing arguments expected to take up most of the morning. Altman said he will likely show Ravi’s videotaped interview during his summation.
