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Law.com Home > Stalking Charge Upheld in 'Saturday Night Live' Case

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Stalking Charge Upheld in 'Saturday Night Live' Case

By Noeleen G. Walder All Articles 

New York Law Journal

July 22, 2008

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A criminal court in New York has upheld a stalking charge against a man who contacted "Saturday Night Live" producer Lorne Michaels on several occasions to discuss the show's supposed use of the man's "personal thoughts" and "sense of humor" without permission.

Noting the culture's "heightened focus on the private lives of individuals who have achieved notoriety within their professions," Criminal Court Judge Marc J. Whiten of Manhattan deemed it "irrelevant" whether Evans Pidhajecky intended to violate the prohibition against fourth-degree stalking.

Pidhajecky's "sustained and escalating conduct," which included appearing at the producer's home twice in December 2007, had "no legitimate purpose" and gave Michaels "ample reason to be in fear," the judge wrote.

"Actual fear ... is not a required element of the offense; the facts need only show that a defendant knows or should reasonably know that his actions are likely to cause reasonable fear," the judge added.

He also refused to dismiss a count of resisting arrest against Pidhajecky, who reportedly "flailed his arms" and pushed an officer who was trying to handcuff him.

The case is People v. Pidhajecky, 2007NY092014.

 



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