JAMES P. McCOLLEY
WESTFIELD – A Longmeadow man is facing 15 criminal charges – including five charges of possession of child pornography – after allegedly using his phone to make photographs and videos of female camp staffers changing their clothes at the Westfield YMCA summer camp program.
The man came to the attention of city police on Aug. 3 when the mother of a female camp counselor called police to report that her daughter had told her the she had seen a cell phone taking pictures of her while she was in a bathroom. The caller said that the camp officials were aware of the situation and were taking action.
The Westfield YMCA chief executive officer, in a subsequent statement, reported that the suspect had been immediately terminated.
Det. Brian Freeman was assigned to investigate the case and, on Aug. 27, arrested James P. McColley, 20, of 73 Nevins Ave., Longmeadow.
Freeman reports, in a court document, that on Aug. 3 McColley initially agreed to come to the police station for an interview but he later called to say he would not appear.
The next day Freeman was granted a warrant to search McColley’s phone. When investigators arrived at the suspect’s home, McColley refused to come to the door or to speak with them. In compliance with the warrant, his mother gave his phone to police. The phone was examined by a State Police detective unit.
Freeman reports that an interior wall which separates a women’s bathroom from a men’s bathroom does not extend to the ceiling “which allowed McColley to reach over the wall from the mens room into the womans room with his phone in his hand.”
He wrote, “investigators learned that there are photos and/or videos of five different females in a state of undress. Three of the females were over 18 years old, two of them were not. Each of the photos and/or videos show the victims changing (clothes) in the same bathroom, all of the photos/videos were taken secretly without the consent of the victim.”
Freeman arrested McColley on Aug. 27 and he was arraigned the next day before Judge William O’Grady in Westfield District court on six charges of photographing an unsuspecting nude person, five charges of possession of child pornography, three charges of posing a child with lascivious intent and a charge of photographing a person’s sexual or intimate parts without consent. He was released on $10,000 personal surety pending an Oct. 19 pretrial hearing.
Although the victims were initially reported to be counselors – and three of them were adult counselors – Freeman’s investigation found that two of the victims were juvenile volunteers, aged 14 and 15.
He reports that McColley “willfully photographed and video recorded people while they were nude or partially nude, without their consent in a location where they expected privacy and they believed that their sexual or intimate body parts were not visible to the public seven times, three of which involved juveniles.”
His report also states “it is well known amongst all employees and volunteers who the paid employees are and who the volunteers are. Additionally, camp employees stated that both of the victims who are under 18 years old look very young, and they receive rides to and from work by family members.”
While many of the charges are misdemeanors, the three charges of posing a child with lascivious intent are clearly felonies and may not be adjudicated in District Court. If the charges against McColley do not change before trial, those charges (at least) will have to be heard in Superior Court where convictions may bring sentences harsher than the two-and-a-half-year maximum term which may be ordered by a District Court.
In addition, conviction of the posing a child with lascivious intent charges or the possession of child pornography charges would require McColley to register as a Sex Offender.
