Man Accused Of Videotaping Boy In Locker Room May Not Face Jail Time

MINNEAPOLIS (WCCO) - A Coon Rapids man caught secretly taping a boy changing in an Andover YMCA locker room may not face any prison time. His sentencing is set for Monday.

Robert Minor, 54, faced eight charges in connection with the incident in February 2013. He used a wristwatch camera to secretly record a 12-year-old boy undress in the locker room, according to the criminal complaint.

The boy later told his dad about the incident, who then reported it.

Detectives then searched Minor's home computer, according to the complaint. They found images of the undressed 12-year-old, as well as other images and videos of child pornography.

Minor pleaded guilty to one count of stalking before a bench trial on the other charges.

A judge found him guilty of five of the eight counts, but found him not guilty on three child pornography charges for the specific pictures from the YMCA incident.

"It's a failure of the system, and I think there should be changes," said Richard Axelson, the child's father.

On Monday, Richard Axelson will face Minor during the sentencing hearing. He'll give the victim's impact statement.

"I'm definitely going to tell him how upset, how angry, I am that he would do something like that to a child," Axelson said. "I don't understand it and never will -- why someone would do that to a child. He needs to know it's a serious offense, and he should go to prison. That's what I'm going to tell him."

Axelson will also face the judge who ruled those specific images weren't child pornography. Axelson thinks the judge was too lenient.

"It's very upsetting that someone can do that, especially to your child, and basically, I think, get away from it," Axelson said.

Eric Nelson of Halberg Criminal Defense is an attorney not connected to this case, but he examined the judge's ruling. He said just because a person has a picture of naked child doesn't mean it rises to the level of child pornography.

"Even though the child was nude or naked, during the course of the photography, the child was not used in a sexual performance," Nelson said. "For it to be child pornography, it has to be a sexual act or a simulated sexual act, which are not part of this particular case."

In the ruling, the judge also noted that the expectation of privacy is different in a locker room.

Richard feels justice was not served for his family, but he hopes by sharing his story, other families won't face the same situation.

"Hopefully, by speaking out, people won't just send their kids into a locker room," Axelson said. "They won't send them into a public bathroom without thinking that this stuff goes on."

Minor will have to register as a sex offender.  He could get up to a year in jail or probation.

Prosecutors said they will argue for the full jail term.

Minor's attorney did not return calls for comment.