U.S. V. Bernard Freundel, 2014 CMD 18262
Welcome, this web site contains information for persons who are victims in the U.S. v. Bernard Freundel case.
On February 22, 2017, the government filed its response, which can be found here: Opposition_2-22-2017
Motion to Reduce Sentence filed
On December 13, 2016, defendant Freundel filed a Motion to Reduce Sentence. A copy of the motion and accompanying Memorandum of Law can be found here. memo_of_law_reduce_sentence motion_to_reduce_sentence The government has until February 22, 2017, to respond.
Sentence Affirmed by Court of Appeals
On September 15, 2016, the District of Columbia Court of Appeals unanimously affirmed the consecutive sentences imposed by Judge Geoffrey Alprin in U.S. v. Bernard Freundel. This means that the sentences imposed by Judge Alprin -- 45 days' incarceration on each count, for each of the 52 victims, to run consecutively - is final. The total sentence is just under 6 1/2 years. If you would like to read the Court's opinion, in can be found here: http://www.dccourts.gov/internet/documents/15-CO-899.pdf
A hearing has been set by the Court of Appeals in the case of U.S. v. Bernard Freundel on Tuesday, June 21, 2016, at 9:30 am. As you may recall, defendant Freundel has appealed his sentence. It is routine for the Court of Appeals to set cases on appeal for hearing.
The Court of Appeals is located at 430 E Street, NW, Washington D.C. It is a public courtroom and anyone may attend. There are two other cases also set for hearing on the same date and time, and the order of cases is up to the Court. The defendant will not be present. Arguing for the government will be Assistant U.S. Attorney Nicholas Coleman. Please note that he has not reviewed any of the images involved in the case.
It will likely take several weeks to several months after the argument for the Court of Appeals to issue its decision, which we will notify you of at that time.
On July 31, 2015, Judge Alprin denied Defendant Bernard Freundel’s Motion to Correct Illegal Sentence, holding that the original 6 ½ year sentence of the Court was legal under the D.C. voyeurism statute.
On May 29, 2015, Defendant Bernard Freundel, through his attorney, filed a Motion to Correct Illegal Sentence. The government filed a written opposition to the motion on July 1, 2015. A copy of the government’s opposition is posted on this website. The Court has scheduled a hearing on the motion for Friday, July 31, 2015, at 11:30 am, in courtroom 314.
The Court has issued an order amending the Judgment and Commitment Order. This pertains to the location where Freundel is to serve his sentence, and recommends that Freundel be transferred to a Bureau of Prisons facility to serve his sentence, rather than have him serve the sentence at D.C. Jail. A copy of the order is attached.
Additionally, the defense has filed a Motion to Correct Illegal Sentence. This pertains to the length of sentence that the Court imposed, and argues that Freundel should not have been sentenced to more than 1 year of incarceration. The government has until July 1 to respond, and plans to file a written response on or before that date.
On Friday, May 15, 2015, the Honorable Judge Geoffrey M. Alprin sentenced Bernard Freundel to 45 days in prison for each of the 52 counts of Voyeurism. Each count will run consecutively, which totals six years and six months. Judge Alprin also ordered Freundel to pay $13,000 to the crime victims’ fund. Freundel was immediately taken into custody to begin his sentence.
On the evening of May 13, 2015, the Court issued several rulings in connection with sentencing in this case. First, the Court denied a defense motion to strike certain Victim Impact Statements, Relevant Conduct Letters, and Community Impact Statements, and ruled that all of such statements will be admitted. The Court also granted the government’s motion that all Victim Impact Statements, Relevant Conduct Letters, and Community Impact Statements not be disclosed to anyone outside of the parties and the Court; and that the names of individuals who submitted such letters not be stated on the record in open court.
The Court also issued an order that will govern the sentencing hearing. That order provides that speakers for the government’s side will go first, and then speakers for the defense. All speakers will have 5 minutes to speak. Victims who are part of the plea will be referred to by their letter number in the plea; and speakers who submitted Relevant Conduct Letters will be referred to by the number identifier on their letter (i.e. RC1, RC2, etc.). After the speakers, the government and defense lawyers will make their sentencing requests. Then the Court will hear from the defendant, if he wishes to speak, before pronouncing the sentence.
Sentencing for the case of U.S. v. Bernard Freundel is scheduled to begin at 1:00 on Friday, May 15, 2015. The sentencing will be held in courtroom 202, on the second floor of the D.C. Superior Court, located at 500 Indiana Avenue, N.W., Washington, D.C. The courtroom will be locked until shortly before the proceedings begin. In light of the great interest in the proceedings, seating is expected to be limited at this hearing. In order to accommodate as many people as possible, we have requested an overflow courtroom where the proceedings can be heard in real time. We will post the details on that courtroom assignment as soon as we are made aware of it.
Reserved seating in courtroom 202 will be available for victims who represent a count in the plea, on a first-come-first-served basis. All such victims must check in with Jelahn Stewart of the U.S. Attorney’s Office if they want to ensure that a seat is reserved in courtroom 202. Ms. Stewart will be outside of courtroom 202 beginning at 12:00 with a nametag and a clipboard to check victims in. Seats will be held for victims until 12:55, at which time they will be opened up to others. If any victim knows in advance that they will be delayed, please let me know and I will continue to hold a seat for you as long as the court will allow. Any person who has notified us that they plan to speak should also check-in with Jelahn Stewart. Unfortunately, because seating is so limited, we cannot guarantee that seating will be available in courtroom 202 for individuals who accompany the victims for support. We will, however, do our very best to try and accommodate as many people as we possibly can.
U.S. V. Bernard Freundel, 2014 CMD 18262
At the February 19, 2015 hearing, Bernard Freundel entered a guilty plea to 52 counts of voyeurism subjecting himself to a maximum penalty of 52 years of incarceration. The sentencing will take place on Friday, May 15, 2015 at 1pm before the Honorable Judge Alprin. We are unsure at this point which courtroom Judge Alprin will be sitting in on that day but will update the website as soon as we learn of it. Individuals who were identified as victims of this crime will have the right to submit a written victim impact statement, and make an oral victim impact statement at the sentencing hearing. This statement should reflect how this crime has impacted the victim’s life. Those individuals whose recordings were included in the plea agreement have been emailed a copy of the victim impact statement and informational brochure. If you are one of those individuals and have not received your copy, please email us and one will be sent to you. Please return all completed statements to the email box no later than April 27, 2015. In addition, if you would like to speak at the sentencing hearing, please let us know no later than April 27th so that we can inform the Court. Our staff will be available to assist in the preparation of these statements. Also, any person identified as a victim within the statute of limitations, who resides out of town but would like to appear for the sentencing hearing to make an oral victim impact statement, should let us know and we can apply for funding to assist you in traveling to D.C., and make your travel arrangements to attend the sentencing hearing.For those whose victimization was not included in the plea agreement, we are seeking permission from the Court for you to submit a Relevant Conduct Letter, telling the Court how this crime has affected you. Please return all such letters to the email box no later than April 27, 2015. If you would like assistance with either a victim impact statement or relevant conduct letter, our staff is available to assist you.
The following information is available by clicking on the item:
- Release Order, Addendum and Stay Away/ No Contact Order
- Six Count Complaint
- Signed Plea Agreement
- Order to Amend Judgment and Commitment Order
Crime Victims Bill of Rights
Victims of crime have the following rights under the D.C. Crime Victims’ Bill of Rights, D.C. Code Sections 23-1901, 23-1905(2)(A)(i) and the federal statute, the Crime Victims Rights Act, 18 U.S.C. Section 3771:
- Right to be reasonably protected from the accused
- Right to reasonable, accurate, and timely notice of public court proceedings or parole proceedings involving the crime or any release or escape of the accused
- Right to not be excluded from any public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony
- Right to be reasonably heard (release, plea, sentencing or parole)
- Right to confer with the attorney for the Government in the case
- Right to full and timely restitution as provided in law
- Right to proceedings free from unreasonable delay
- Right to be treated with fairness and with respect for the victim’s dignity and privacy
In addition, the DC statute gives victims the right to submit a written and oral statement about release, sentencing and parole.
Please check this website regularly for updated information