LAGRANGE – The trial for Pleasant Valley Highway Superintendent John Baxter, accused of placing a hidden camera under his secretary’s desk, concluded on Tuesday, with the defense attorney and prosecutor delivering their closing arguments in LaGrange Justice Court. The defendant John Baxter opted for a “bench trial”, meaning there are no jurors, and LaGrange Town Justice Stephen O’Hare, who presided over the trial, will hand down his verdict next week.
Baxter stands accused of misdemeanor attempted unlawful surveillance for the alleged incident.
Baxter’s attorney, Ken Rones, attempted to create reasonable doubt in the judge’s mind by presenting alternative reasons for the camera that Baxter was accused of placing under his secretary’s desk at the Pleasant Valley Highway Department.
The camera, allegedly mounted to focus on the crotch of the victim, according to the prosecution, was admittedly placed under the desk by Baxter. The defense attorney, during his closing argument, known as a summation, said his client placed the camera under the desk to monitor the file cabinets located behind the victim. Presenting another defense, Rones pointed to the text messages sent to the victim by Baxter, including messages such as “Such a great butt,” and “I just want to touch it and squeeze it.” Rones said there is no crime because “There is no text or email where he (Baxter) said he wanted to see her butt naked.” Rones then shifted to a scenario where he implied the victim was lying because there is a pending civil suit where she is seeking compensation for the alleged illegal recordings.
Rones also expressed his belief that the victim’s testimony was not sincere and commented on her frequent use of “revealing” clothing. He also took exception to the victim’s use of the word vagina during the trial, saying it was excessive. The prosecution alleged the camera was focused on the victim’s vaginal area during the trial, explaining the frequent use of the word.
Rones implied that evidence may have been tampered with by noting that the investigation was handled by the Dutchess County Sheriff’s Office and the victim has a close personal relationship with the agency’s detective lieutenant, to whom she reported the incident.
Assistant Dutchess County District Attorney Nick LaStella closed the trial by presenting his summation.
“This trial is not about morals, it’s about the abuse of power,” the attorney told the court. He then proceeded to rebuke each of the defense attempts to cast reasonable doubt.
Regarding the file cabinet monitoring, LaStella said, “If the defendant cared about the contents of the filing cabinets, how come he never locked them?” Noting that Baxter had previously admitted to placing the camera, the prosecutor asked the court, “Why didn’t he tell the victim about the camera under her desk?”
During the trial, evidence was presented, including pictures of the secretary taken from under her desk on Baxter’s phone. Baxter had deleted the pictures, but software made it possible to restore them and present them as evidence during the trial.
Following the summations, Judge O’Hare said he was reserving his decision and would announce his verdict in court on Monday, June 15, at 2 p.m.
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