A Hutchinson man who runs “Pampered Paws” in Hutchinson and facing trial on a charge of “felony breach of privacy,” wanted the case tossed out, but that has now been denied by District Judge Trish Rose.
Terry Bryan had placed a tanning bed in storage room inside the pet grooming business, but also allegedly installed a hidden camera in the room. He then allowed employees to use the tanning bed. The camera was allegedly attached to his computer in his office where the state alleges he could view what was occurring.
Judge Rose says the affidavit in the case was not presented to her, but was presented to Judge Joe McCarville who bound the defendant over. She says she has no basis on which to question the determination of probable cause.
That affidavit showed that the victim stated to police that she had shut the door to the room, undressed, and began the tanning process. But, she noticed a camera with a towel draped over it and pointed directly at the tanning bed. Allegedly, the camera was wireless and connected to the defendants computer in his office. He claims the camera was for security purposes. This allegedly occurring back on September 19, 2012.
The defense claims the state failed to prove the type of device was a “camcorder, motion picture camera or photographic camera of any type,” installed or used to “secretly videotape, film, photograph or record by electronic or other means.
Judge Rose says the statutory construction requires words be given their common meanings, and adds that a camera that feeds images to another location for viewing fits the common meaning of the statutory terms. She says viewed in light most favorable to the state, the burden of proof has been met and denied the defense request for dismissal.
That means the case is clear to move to trial in the near future where the state will have to show more then probable cause.