Schenectady man who secretly recorded child in bathroom will get six months

Monday, November 25, 2013
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— A city man who secretly recorded footage of a child getting ready to take a shower pleaded guilty Monday to a felony.

Clarence L. Sutton, 29, formerly of Stanley Street, pleaded guilty to one count of second-degree unlawful surveillance. He now faces six months in jail when sentenced in January and classification as a sex offender upon release. He remains free while he awaits sentencing.

Sutton was arrested in September and accused of using a cellphone to try to record the child getting ready to take a shower Sept. 16 at a location in Schenectady, authorities have said.

Prosecutor Jessica Lorusso has said that Sutton essentially set the phone to record and the child spotted it and alerted her father, who alerted police. The charges were based on statements of the victim and suspect, as well as video evidence, papers have indicated.

Also included in the sentence is an order of protection, barring any contact between Sutton and the victim, Lorusso said.

The resolution of the case keeps Sutton monitored over five years of probation. It also spares the girl from having to testify.

“I think this is a pretty good resolution without having to put her through any more,” Lorusso said.

Sutton was represented in court by his attorney William Nowak, who declined comment afterward.

The case as originally charged would not have required registration as a sex offender. But Sutton on Monday pleaded guilty to a different classification of the unlawful surveillance statute that results in registration, Lorusso said.

The case was the second in Schenectady over the span of a month involving accusations of unlawful surveillance in a bathroom.

In August, Keifer Wray, 24, of Michigan Avenue, was charged with second-degree unlawful surveillance, a felony, and second-degree dissemination of an unlawful surveillance image, a misdemeanor.

He was accused of secretly videotaping at least two women, both visitors at his home, as they used the bathroom between Jan. 1 and Aug. 11, by hiding a camera in a small silver clock in the bathroom. His case remains pending.

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