BATAVIA, OH (FOX19) - A technicality is responsible for the acquittal of a Batavia man who spent 90 days in jail for peeping over the wall of a Middletown tanning bed salon and recording a naked woman.
The 12th Circuit Court of Appeals released its decision earlier this week.
It was based on the fact 43 year-old David Reuss was sentenced on a specific statute of attempted voyeurism that specifies the recording was done "over or through clothing". In this case the victim was topless.
FOX19 NOW legal analyst Mike Allen said there were other statutes that would have fit this case. He called it a charging error.
"He's acquitted and cannot be charged again for the same crime. He caught a big break from the criminal justice system," said Allen.