The Garden Island
LIHU‘E — Waimea resident Ivan Brady Miguel was recently given probation for setting up a video camera in the women’s restroom of a hotel athletic club.
After listening to attorney statements regarding a motion and sentencing, 5th Circuit Chief Judge Randal Valenciano spoke through an atmosphere of embarrassment in a courtroom full of people waiting on other cases. He said the community expects a certain level of decency from one another.
“You crossed the line on this one,” he said.
Miguel was arrested Sept. 25, 2010. He was indicted for first-degree violation of privacy on Jan. 19. He pleaded no contest and entered a motion to defer his guilty plea on July 5.
State Public Defender Christian Enright said the crime was disgusting and completely uncalled for, but added that Miguel has shown complete remorse and is sorry for what he did.
Enright asked for the deferment and for probation without jail based on Miguel’s remorse and therapy in the interest of maintaining his family. Miguel is 38 years old with a wife of 15 years and three children.
County Deputy Prosecuting Attorney Lisa Arin downplayed the argument that the camera was set up as a joke and called it a sex crime. She said people expect a certain amount of privacy even in a public restroom.
Arin also downplayed the argument that it was a spontaneous act. She said it took time and planning to set the camera up.
Had the camera not been discovered and seized before Miguel had the chance to retrieve it, Arin said the content of women using the restroom might have been used for gratification or worse — uploaded to the Internet.
Arin recommended a year in jail and five years probation. She said the crime leaves a big impact on trust in a small community.
Valenciano denied the motion for deferred acceptance of the plea. It would have allowed Miguel to have the conviction cleared if he complied with probation guidelines.
The charge requires Miguel to register with the State Sex Offenders Registry, Valenciano said.
Miguel was sentenced to five years probation and ordered to undergo evaluations for substance abuse and sexual disorders.
The results will determine future treatment and rehabilitation programs as directed by probation officers and therapists.
He was also ordered to not be in possession of pornography or to have Internet accounts to sites containing pornographic materials.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@ thegardenisland.com.