ASTORIA, Ore. (AP) — The Oregon Court of Appeals has overturned the convictions of an Oregon Coast man who was found guilty of several charges tied to “peeping Tom” incidents in his neighborhood.
Kirk Cazee was sentenced to more than 35 years in prison in 2018 after a Circuit Court jury found him guilty of peering through bedroom windows and recording videos of residents. The Surf Pines man was convicted on six counts of using a child in a display of sexual conduct, eight counts of invasion of personal privacy, five counts of stalking and four counts of criminal trespass.
The appeals court found there was not probable cause to obtain a search warrant for Cazee’s cellphone because no one saw him with one during his crimes. The appeals court also found the judge should have granted a motion for acquittal on the counts of using a child in a display of sexually explicit conduct.
District Attorney Ron Brown said without the cellphone evidence, the prosecution is unable to corroborate victims statements to find Cazee guilty. Brown plans to move to dismiss the case.
“I still think it was a good prosecution, and I’m just astounded by the outcome,” Brown said.
Cazee’s attorney, Andy Simrin, chose not to comment.
Cazee still faces federal charges. He was indicted in U.S. District Court in Portland on charges including production of child pornography, transportation of child pornography, receipt of child pornography and possession of child pornography.