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The Honolulu Advertiser
Posted on: Wednesday, July 15, 2009

Video voyeur gets probation


By Jim Dooley
Advertiser Staff Writer

A former federal park ranger who admitted using his cell phone to take pictures up a woman's skirt while on duty at the USS Arizona Memorial was sentenced yesterday to three years of probation.

Alexander Rivera, 33, pleaded guilty to a charge of video voyeurism committed while he was working at the memorial last November.

Rivera "crouched down and put his open cell phone under the skirt of (the victim), a patron of the USS Arizona Memorial, with the camera facing up under her skirt, and took a picture," the government charged.

Special Assistant U.S. Attorney Shawn Collins called Rivera's conduct "an embarrassment to the state of Hawai'i and the United States of America" and asked U.S. Magistrate Judge Kevin Chang to sentence Rivera to 30 days in jail, three years of probation and a $1,000 fine.

Defense attorney Walter Rodby argued for a sentence of two weekends in jail, noting that Rivera took responsibility for his actions, has no criminal record and hopes to enlist in the Army "to serve his country."

Rivera's wife tearfully asked Chang to "be merciful," calling her husband's conduct "totally, completely out of character."

She called her husband "a good man who did a very wrong, very stupid thing."

Collins said Rivera initially denied doing anything wrong, telling other rangers that he had crouched down because "his socks fell down a lot."

But Rivera later admitted taking the picture and said he had engaged in similar conduct "on two separate flights coming from the Mainland," Collins said.

Rivera's conduct at the memorial was particularly reprehensible because it occurred "on hallowed ground," Collins told Chang.

Chang told Rivera that his actions were "disturbing and troubling."

"While working as a ranger, you used your cell phone to take upskirt photos of a female visitor," Chang continued.

But he took note of reports submitted to the court from a doctor who said Rivera was unlikely to offend again, as well as the fact that he was a "longtime federal employee" with no previous criminal record.

Chang also cited the strong support from Rivera's wife as a factor in deciding that a sentence of probation was appropriate.

"Two weekends in jail is too easy," Chang said. "Three years of federal supervision is hard."

Rivera was also ordered to complete a mental health assessment and treatment.