Orange County- Two men, including a UCI police dispatcher, who allegedly took photographs of area high school water polo players that were posted on gay sex websites will not face criminal charges, the Orange County District Atty.’s office said Thursday, although a university investigation continues.
“We investigated this case extensively — we pursued the criminal angle and also asked if we could pursue a civil lawsuit,” said Orange County District Atty.’s spokeswoman Susan Kang Schroeder. “There’s nothing in the statutes that would make this be a crime.”
Although prosecutors found the photographers did not break any laws, the water polo players and their parents still have the option of filing a civil suit, Schroeder said.
“This doesn’t preclude the victims from going after the people who put up the pictures and made money off theses images,” she said.
Newport Harbor High School Water Polo Coach Jason Lynch said he wasn’t surprised to learn that posting the photographs of young male players in small bathing suits on the Internet was not against the law.
Since word of the photographs spread through the local aquatics community, Newport Harbor officials and parents are keeping a closer watch on who comes to the pool with a camera, he said.
“We’ve continued to take some steps to be more vigilant and police the pool deck,” Lynch said. “We’ve designated some of our booster parents to be more vigilant of people who come with cameras. It’s still hard with little tiny cameras and cellphones, but at least we’re trying to do something.”
Parents and school officials now keep an eye out for people with cameras equipped with telephoto lenses, and photographers from visiting schools need a pass when they go to Newport Harbor for water polo events, Lynch said.
Scott Cornelius, 44, a UCI police department employee, remains on paid administrative leave as the university’s investigation into his conduct in the case continues, said UCI spokeswoman Cathy Lawhon.
Cornelius was placed on paid administrative leave in January after he and another photographer, Allen Rockwell, were accused of posting photos of unsuspecting high school-aged male water polo players, including Newport Harbor High School students, on websites with gay pornographic content.
UCI is conducting its own investigation to see if Cornelius’ conduct broke any university regulations. The investigation is examining whether photographs Cornelius allegedly took were taken on department time, a police department official told the Daily Pilot in March.
The discovery of numerous photographs of area, underage water polo players on gay porn websites prompted a state Assembly bill that would make it a crime to take and publish photographs of minors without their knowledge or consent on pornographic websites. AB 2104, written by Assemblyman Cameron Smyth (R-Santa Clarita), would make such acts a crime punishable by up to one year in county jail and/or a $5,000 fine. The bill has already successfully passed out of the Assembly public safety committee and has been passed onto the appropriations committee.