|Steven Libman, Former CEO |
of Carmel's Performing Arts Center
..Brainard said investigators believe the trips were actually to cover for Libman's expensive dates with the woman, who he said was promoted over the course of the affair.
What is not in the written story, but is in the video clip accompanying the story is the following exchange between Massee and Mayor Brainard:
If the investigation involved confirming a sexual affair by placing cameras in Libman's condo or in a hotel room, the people who ordered and installed those surveillance cameras could be in big trouble. It doesn't matter that the Carmel Redevelopment Commission owns the condo where Libman lived. It doesn't matter than Libman was only a guest in a hotel owned by someone else. The rule in most jurisdictions, including Indiana, is that where a person has an expectation of privacy, that privacy cannot be invaded with surveillance equipment. For example, a camera in the lobby or parking lot or even a hallway of a hotel is perfectly acceptable. A video camera in the rooms would not be permitted.
(b) A person:
(2) who knowingly or intentionally peeps into an area where an occupant of the area reasonably can be expected to disrobe, including:
without the consent of the other person, commits voyeurism, a Class B misdemeanor.
Carmel officials could throw the private investigators under the bus, claiming they did not authorize video surveillance of Libman's condo or the hotel rooms he stayed in. You'd have to wonder though how credible that defense would be though. Surely at some point Mayor Brainard or City Attorney Doug Haney would have become aware of any illegal video surveillance in the course of reviewing the ongoing investigation. The minute they know and don't put a stop to it, they open themselves up to possibly being accessories to a crime or at the least expose the city to liability for a civil lawsuit.
I would caution that this post is based purely on speculation, albeit speculation spawned by Mayor Brainard's curious suggestion that the investigation confirmed a sexual affair. That comment, as I noted above, leads to my wondering exactly how that information was acquired.. As of yet, no evidence yet has surfaced of any video surveillance, illegal or otherwise. Only rumors thus far.