The issue of gay teenagers’ harassment that caught national and international media attention four years ago with the conviction of New Jersey’s Rutgers University freshman Dharun Ravi in the suicide of his roommate Tyler Clementi, 18, came under a totally different focus last week – on the State’s bias law – after a New Jersey appeals court overturned Ravi’s 2012 conviction.
Under the Sept. 9 ruling, Ravi faces a new trial on some of the original, but not all the charges because some of the New Jersey bias laws under, which he was tried and convicted, have changed.
“It is clear that the evidence the State presented to prove the bias intimidation charges… permeated the entire case against defendant, rendering any attempt to salvage the convictions under the remaining charges futile,” Judge Jose Fuentes said in a 61-page opinion. “It is unreasonable to expect a rational juror to remain unaffected by this evidence.”
But the judge noted that overturning a jury verdict based on trial error “implies nothing with respect to the guilt or innocence of the defendant.” Thus, the judge did not declare Ravi guilty or innocent, leading to the possibility of either an appeal by the prosecution, or a fresh trial. At press time it was not clear which way the prosecution might go. News reports said the prosecutor’s office is expected to decide on that next week.
In the suicide death of Clementi, who jumped from the George Washington Bridge, Ravi was not charged, as Clementi never left any suicide note stating the reason for his suicide. He was faced 15 other charges, including several bias intimidation counts.
The issue was taken up by gay, lesbian, bisexual rights advocates that time. It also sparked major community interest with many from the Indian-American community calling for Ravi’s release while supporters of Clementi’s family demanding stern punishments for Ravi. Many rushed to their own judgments even before the court did.
On May 21, 2012 when the judge in Middlesex Country Court announced the sentencing of Ravi, the courthouse was packed with people, including a large number of India-Americans, curious to watch the proceedings and hear the verdict.
It was a very emotional scene inside the judge’s room where the mothers of both Clementi and Ravi broke down in tears as they narrated the stories of their personal tragedies. Their grief and emotional outbursts were for different reasons.
Clementi’s mom broke down because of the suicide of her son for which she indirectly held Ravi responsible, while Ravi’s mom, who felt that her son’s life would be fruitless because all his dreams have been shattered, held adverse media campaign for the predicament of her son.
When the sentencing was announced at the end of the day, there was a mixed reaction among the crowd as contrary to expectation of at least 10 year-prison term, Ravi had been sentenced to 30 days in prison and a three-year probation. Outside the court, peoples’ reaction, depending on which of the two families’ side they were with, ranged from downright dejection to deep sigh of relief.
But last week after the appeals court’s ruling, emotions did not seem to run as high as in the past. There was hardly any protest, or any jubilation in communities. “Knowing our community I think the leaders as has always been case, have lost interest in the Dharun Ravi issue,” Peter Kothari, a community senior from Middlesex County, said.
Ravi’s parents did not issue any public or media statement either. “I think the case should not have been in a court in the first place and should have been settled through administrative proceedings by the university. Now, some efforts should be made by the community so remove his name from police records for the sake of his future,” he said.
Clementi’s parents who live in Ridgewood, however, said in a statement that the appeals court’s decision “will push us forward with stronger determination to create a kinder, more empathetic society where every person is valued and respected,” according to a NorthJersey.com report.
The Star-Ledger newspaper said that there are lessons to be taken from the appeals court’s ruling.
“It was a controversial move, but the right one. And this appeals court just vindicated it. Even if Ravi’s actions did push Clementi over the edge, he deserves a fresh trial to ensure a cleaner conviction. We also need to fix our state’s bias law swiftly so it complies with the Supreme Court ruling. . .To honor Clementi’s memory and Ravi’s constitutional rights, ensuring justice is the most important thing,” the Star-Ledger wrote in an editorial Sept. 14.
The post N.J. Student Dharun Ravi’s Future Uncertain Despite Court Ruling appeared first on News India Times.