Legal analyst: Publix "upskirt" suspect may never be arrested

By Evan Lambert, Reporter, elambert@clickorlando.com
Published On: Feb 10 2014 07:26:18 PM EST
Updated On: Feb 10 2014 08:15:41 PM EST

Local 6 Legal Analyst Luis Calderon said the State Attorney's Office may never have enough evidence to arrest the man they say used a shoe camera to take pictures up a woman's dress on Super Bowl Sunday at a Publix in Clermont.

CLERMONT, Fla. -

Local 6 Legal Analyst Luis Calderon said the State Attorney's Office may never have enough evidence to arrest the man they say used a shoe camera to take pictures up a woman's dress on Super Bowl Sunday at a Publix in Clermont.

Calderon points to the fact that the state has requested more information before making a charging decision. He said the longer police wait to make an arrest, the more likely it is that evidence, if any, has been destroyed.

Even if police are able to make an arrest, he said the case would be tough to prove.

"Without the images, and only relying on the testimony, I think most defense attorneys would tell you that the state will never meet the burden of beyond a reasonable doubt," said Calderon.

Meanwhile, the victim, who did not want her name used, told Local 6 she's disturbed it's been more than a week and police haven't made an arrest. She said she's shocked police have not arrested him in handcuffs since they have surveillance video that places the unnamed suspect in the Publix right after the alleged crime, and a photo of the man's license plate.

Female shoppers told Local 6 Monday with the alleged voyeur still out there, some are scared to go inside the store.

"It's scary that they know who he is and they haven't charged him with anything yet," said Dawn, a shopper.

Police said they hope to turn over more information to the State Attorney's Office within the next few days, which may help with a charging decision.

Clermont police said they've identified the suspect, but they have not released his name, since they don't have a warrant for his arrest.

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