LOS ANGELES – A state appeals court panel Tuesday reversed a former Antelope Valley resident’s conviction on five of 12 counts involving “upskirt”’ video footage of women who were filmed without their knowledge.
A three-justice panel from California’s 2nd District Court of Appeal cited “prejudicial instructional error” involving five of the charges against Mylyn C. Johnson.
Johnson was convicted in September 2013 of one felony count each of sexual battery by fraud and false imprisonment and 12 counts of secretly filming or photographing an “identifiable person” under or through that person’s clothing to view the person’s body or undergarments.
“We agree that under the circumstances of this case, a trial court instruction on the meaning of ‘identifiable person’ was required, even absent a request from defendant,” the appellate court justices found in sending the case back for the Los Angeles County District Attorney’s Office to decide whether it wants to retry the five counts.
In a 30-page ruling, the panel noted that jurors were shown video footage Johnson had recorded in which he followed women and filmed under their skirts without their knowledge.
The videos were recorded at various locations, including stores in Lancaster, Metrolink stations and the Hollywood Walk of Fame, according to the ruling.
“In some cases, the resulting footage did not capture the women’s faces, or their profiles,” the appellate court justices noted.
In a move that allows the prosecution to seek a retrial, the panel found that there was “substantial evidence to support convictions” on the five counts in question. But the panel noted that “the evidence of identifiability was not overwhelming” and that “some of the challenged counts presented a close case.”
Johnson was sentenced in October 2013 to 20 1/2 years behind bars.
[Information via City News Service.]
–
Previous related story: AV man arrested for videotaping up women’s skirts, more victims sought
Marie says
Girls, put your pants on …