Court Documents: Boys caught on video showering at Penn High School

COUNT I

KEN COTTER, upon information and belief, affirms under the penalty of perjury that:

On or about the 27^th day of December, 2010, in St. Joseph County, Indiana, ROBERT L. TROUP did knowingly, without consent, and by means of a camera, a video camera, or any other type of video recording device, peep into an area where an occupant of the area could reasonably be expected to disrobe, including a restroom, a bath, a shower, or a dressing room, to-wit: the boys swim locker room at Penn High School.

All of which is contrary to the form of the statute in such cases made and provided, to wit: Indiana Code 35-45-4-5, and against the peace and dignity of the State of Indiana.

COUNT II

KEN COTTER, upon information and belief, affirms under the penalty of perjury that:

On or about the 3rd day of January, 2011, in St. Joseph County, Indiana, ROBERT L. TROUP did knowingly, without consent, and by means of a camera, a video camera, or any other type of video recording device, peep into an area where an occupant of the area could reasonably be expected to disrobe, including a restroom, a bath, a shower, or a dressing room, to-wit: the boys swim locker room at Penn High School.

All of which is contrary to the form of the statute in such cases made and provided, to wit: Indiana Code 35-45-4-5, and against the peace and dignity of the State of Indiana.

COUNT III

KEN COTTER, upon information and belief, affirms under the penalty of perjury that:

On or about the 12^th day of January, 2011, in St. Joseph County, Indiana, ROBERT L. TROUP did knowingly, without consent, and by means of a camera, a video camera, or any other type of video recording device, peep into an area where an occupant of the area could reasonably be expected to disrobe, including a restroom, a bath, a shower, or a dressing room, to-wit: the boys swim locker room at Penn High School.

All of which is contrary to the form of the statute in such cases made and provided, to wit: Indiana Code 35-45-4-5, and against the peace and dignity of the State of Indiana.

I affirm under the penalties for perjury, that the foregoing representations are true.

________________________________________

KEN COTTER

DEPUTY PROSECUTING ATTORNEY

Probable cause found.  Arrest warrant ordered issued.  Bond set at $____________

Corporate surety or $_________________ cash in lieu thereof, so found this day the ______________ day of December 3, 2011, 12/3/11, at _____________ AM/PM.

                           ________________________________________

     JUDGE, ST. JOSEPH SUPERIOR COURT

WITNESSES:

All witnesses listed in police, medical and laboratory reports.

KEN COTTER, upon information and belief, affirms under the penalties for perjury, and states that:

I am a Chief Deputy Prosecutor for the 60^th Judicial Circuit, St. Joseph County.   Verified written police reports and evidence have been sent to and reviewed by the Prosecuting Attorney’s Office concerning allegations made against ROBERT L. TROUP. The facts which give probable cause to believe that TROUP has committed the crime of Voyeurism, Class D Felony, in three counts, are as follows:

Sgt. Eric Kaser, of the St. Joseph County Police Department, is assigned to Penn High School as its School Resource Officer. On November 30, 2011, Sgt. Kaser was contacted by Assistant Principal Sean Galiher, who reported that he had received information that a video camera had been located in the boys swim locker room within Penn High School, located at 56100 Bittersweet Road, in Mishawaka, St. Joseph County, State of Indiana. The preliminary information provided to Sgt. Kaser also included the belief that an SD media card had been taken from the video camera and may still be in the possession of a student who attends Penn High School.

On December 1, 2011, Sgt. Kaser met with Sean Galiher and other school administrators, who had determined the identity of three students who had knowledge concerning either the existence of a video camera in the locker room or of an SD card that had allegedly been removed from the camera. Sgt. Kaser interviewed with these students, J.K., D.B., and P.L..  They told him that sometime in January 2011, J.K. and D.B. had discovered the recording device hidden inside a locker within the boys swim locker room at the high school. J.K. and D.B. accessed the device inside the locker and removed the SD card. They left the device in its place.

These students told Sgt. Kaser that the next day, the device was no longer inside the locker. The students attempted to access the contents of the SD card but were unable to do so. They then gave the SD card to a third student, P.L..  However, he was unable to access the contents of the SD card either.

Sgt. Kaser learned that P.L. had held onto the SD card since receiving it from J.K. and D.B., from January of 2011 until December 1, 2011, when they turned the SD card over to school administrators.

Subsequently, the contents of the SD card were viewed.  Twenty recordings were located on the SD card. The first six of the recordings are time stamped December 27, 2010; the next eight of the recordings are time stamped January 3, 2011; and the final six recordings are time stamped January 12, 2011. For all of these recordings, the recording device is pointed in the direction of the showers in a manner that captures images of individuals showering.  A portion of the locker room area itself can also be seen. Recordings on each of the three dates, December 27, 2010, January 3, 2011, and January 12, 2011, show images of individuals disrobing and in states of nudity inside the shower area as well as in the locker room area itself.

In addition, at least one video on each of the three dates depicts a man who appears to be adjusting the recording device in the early morning hours of the day. The man appears to intentionally avoid showing his face on the recordings by the way that he moves when standing in front of the camera. However, his clothing and physical characteristics can be seen, including viewing the man walking in the locker room area and shower area. An identification badge can also be seen attached to the man’s shirt. Sean Galiher had the opportunity to view the videos and identified the individual who appeared to be adjusting the recording device as TROUP.

Sgt. Kaser learned that TROUP was a long-time employee of Penn Harris Madison School Corporation. During the time in question, TROUP was employed as a Custodian through the Maintenance Department, and his regularly assigned area of the high school included the boys swim locker room where the recording device was located and from which the SD card was taken.

Jim Dayhuff, who is in charge of the Custodians, also viewed the recordings, and he also identified the man in the recordings as TROUP. It was further verified that TROUP worked midnights at the high school during the period of time in question.  During the course of his work, TROUP had access to the boys swim locker room in the early morning hours when the camera was being adjusted by the man on the videos.

On December 1, 2011, Sgt. Kaser asked TROUP whether he would be willing to give a statement. TROUP agreed and traveled with Sgt. Kaser to the Saint Joseph County Police Department to do so. TROUP was advised of his Miranda rights, and agreed to waive his rights and provide a statement to police. When TROUP was advised that a camera had been found in the locker room of the school, he replied that he had nothing to do with a camera that had been found in a locker. Neither Sgt. Kaser nor Detective Williams had specifically indicated to TROUP that the camera had been found inside a locker, only that a camera had been found in the locker room. TROUP then indicated he wanted to end the interview, and he was taken into custody.

I affirm, under the penalties for perjury, that the foregoing representations are true.

________________________________________

KEN COTTER

CHIEF DEPUTY PROSECUTING ATTORNEY

APPEARANCE FORM   (C R I M I N A L)

State of Indiana

Cause Number:  71D0_____-12/3/11-FD-_______

1.  Name of Defendant: ROBERT L. TROUP

2.  Case Type of proceeding: FD

3.  Prosecuting Attorney Information:

     Michael A. Dvorak     Attorney No. 4651-71

     St. Joseph County Prosecuting Attorney  Telephone:  (574) 235-9544

     227 W. Jefferson Boulevard, Room 1004  FAX:  (574) 235-9761

     South Bend, Indiana 46601-1870

     Deputy assigned case (Optional):  

4.   Will the State accept service by FAX: NO      

5.   Arrest report number (Originating Agency Case Number): SJCPD 201100032947

6.   Additional information required by state or local rule:                     

Authority:  Pursuant to Criminal Rule 2.1(A), this form shall be filed at the time a criminal proceeding is commenced.  In emergencies, the requested information shall be supplied when it becomes available.  Parties shall advise the court of a change in information previously provided to the court.  This format is approved by the Division of State Court Administration.