Judge Butterfield was a public defender before being appointed to the bench.
Via Times Union
An Oregon judge has ruled that a 61-year-old man did nothing illegal when he crouched in the aisle of a Target store and snapped photos up a 13-year-old’s skirt.
It was lewd and appalling, but not outlawed, Washington County Judge Eric Butterfield said.
“From a legal point of view, which unfortunately today is my job to enforce, he didn’t do anything wrong,” the judge said Thursday.
Patrick Buono of Portland didn’t dispute using his cellphone to take upskirt photos on Jan. 3 at the store in suburban Beaverton, The Oregonian reported.
But his defense lawyer, Mark Lawrence, argued Buono didn’t violate the laws against invasion of privacy and attempted encouraging child sexual abuse, a child pornography count.
The privacy law bans clandestine photography in bathrooms, locker rooms, dressing rooms and tanning booths, but the Target aisle was plainly public, Lawrence said.[…]
As for the charge related to child sex abuse, Lawrence said, the girl was not engaging in sexual conduct, which that statute specifies.
Maloney said Buono took the photos hoping they would be explicit.
Butterfield said the teenager’s private parts were covered, and her conduct was not sexual.
The judge called his decision to acquit Buono “upsetting to say the least.”
After the ruling, Buono shook his lawyer’s hand and hurried from the courtroom.