Altman also appealed on the grounds that the trial judge failed to give attorneys a copy of his jury instructions and that Altman was restricted in his questioning of the man who was involved in the intimate encounter with Clementi.
Middlesex County assistant prosecutor Joie Piderit conceded that one of the four bias counts should be vacated but said three others should stand because they satisfied elements of the law that last year’s high court ruling didn’t disturb. She argued that evidence like the email that showed Clementi’s state of mind were crucial to the invasion-of-privacy counts because those statements showed “he wasn’t consenting” to being surreptitiously filmed.
Piderit faulted the state Superior Court judge for defending Ravi’s sentence by saying he wasn’t going to sentence him to a state prison “that houses people convicted of offenses such as murder, armed robbery and rape.”
“The court was never going to sentence this defendant to prison, and our code doesn’t allow him to do that,” Piderit told the appellate panel.