A motion to suppress key evidence in the trial of Maxwell Hall ’26 was denied by Massachusetts Supreme Judicial Court Justice Elizabeth N. Dewar last Monday, according to public court documents. The motion asserted that the camera’s contents constitute inadmissible evidence because the Williamstown Police Department (WPD) acquired the camera and searched its footage without a warrant.
In March, the Berkshire District Attorney’s Office charged Hall with 18 counts of photographing an unsuspecting nude person. According to a statement of facts submitted to the court by WPD Sergeant Shaun William, Hall planted a “surveillance/spy camera” that appeared to be a phone charger in an Upper Lasell Fitness Center bathroom to take the photographs.
Hall’s lawyer originally submitted the motion to the Supreme Court in Pittsfield, Mass., on June 11. Berkshire Superior Court Judge John Agostini, who has since retired, dismissed the motion on Aug. 21, maintaining that, by leaving the camera in a publicly accessible place, Hall had lost any right to its privacy, according to The Berkshire Eagle.
Hall and his attorneys appealed the decision to the Supreme Judicial Court — the highest court in the commonwealth — on that same day. The court often refers such appeals to a single justice for a final ruling.
Such an appeal is to be granted only when it will further the “administration of justice,” such as by avoiding an excessively long trial, according to commonwealth law. Dewar did not find the motion to meet this standard and denied it accordingly. Her decision requires that the trial proceed and stipulates that any further appeals on the suppression of evidence take place in appellate court after a verdict is reached.
Peter C. Horstmann, Hall’s defense attorney, declined to comment on the decision.
The defense can appeal Dewar’s ruling to the full bench of the Supreme Judicial Court, but it is unclear if they plan to do so.
The laws in Massachusetts concerning so-called “upskirting” or “peeping Tom” cases are currently vague, making it difficult for prosecutors to reach full convictions, according to the Eagle. The 2017 conviction of Sam Wassilie — accused of capturing photos of adults and minors in a public park bathroom in 2014 — was partially overturned by the Supreme Judicial Court on a mixed decision in 2019, according to the Eagle.
Earlier this year, before the incident on campus involving Hall was disclosed, Massachusetts Rep. Leigh Davis of Great Barrington introduced a bill to the Massachusetts House of Representatives to strengthen definitional language and sentencing measures for the offense.
Davis told the Eagle that, beyond the current bill, she would like to introduce further legislation that increases the sentencing guidelines for such cases to five years if the victim is an adult and 10 years if the victim is a minor, in addition to designating both offenses as felonies.
Hall now faces 16 misdemeanor charges, for each of which he could receive a maximum of 2.5 years in jail. The count was reduced from 18 after investigators discovered one of the victims was recorded twice. Davis’ bill, still awaiting a vote, is unlikely to change the conditions of Hall’s trial or potential sentencing.
Hall has been off campus since last spring, according to Director of Campus Safety Services (CSS) Jeff Palmer. “Max continues to not be on campus and there have been no changes from CSS as the case continues to move through the court system,” he wrote in an email to the Record.
The WPD’s statement of facts claims that, during their investigation, College ID card swipes placed Hall in Upper Lasell at the time the camera was planted. A student found the camera and gave it to CSS, who turned it over to WPD. Investigators found that the camera had no Wi-Fi or Bluetooth capabilities, meaning that the owner would have needed to retrieve it to view its contents. In his opinion to deny the suppression motion, Agostini noted that Hall returned to the gym later — according to swipe records — in what Agostini characterized as an attempt to retrieve the camera.
Hall’s defense has filed several motions to postpone his pre-trial hearings, all of which have gone unopposed and been approved by the court. Hall’s next hearing is scheduled for Dec. 2 at the Superior Court in Pittsfield.
