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Accused school voyeur drops motion to dismiss charges against him

He thought statute of limitations had expired. Prosecutors say it hasn't.

Posted: May 9, 2018 2:57 PM

MASON CITY, Iowa - The man accused of secretly recording school employees in the bathroom has withdrawn a motion to dismiss the charges against him.

David Joe Bemis, 47 of Mason City, is charged with four counts of invasion of privacy. Authorities say while Bemis was a janitor at Clear Creek Elementary School in May 2013, he hid a video camera in a staff restroom and recorded four staff members in states of partial nudity.

Bemis wanted those charges dropped, arguing he wasn't charged until after the three year statute of limitations expired. The Cerro Gordo County Attorney's Office responded that a provision of the law says the statue of limitations does not start running for public employees who comitted crimes on the job until they are no longer public employees. Since Bemis remained a janitor for Clear Lake Schools until 2018, prosecutors argue the three year time-limit lasts until 2021.

After the prosecution filed its response, Bemis withdrew his motion to dismiss the charges. His trial is scheduled to begin on June 5.

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