by Caitlin Huston
A 32-year-old Logansport man could face three years in jail for videotaping a woman and her daughter in a restroom.
Jason Burkett pleaded guilty to voyeurism, a class D felony, in Cass Superior I court Thursday. Cass County Prosecutor Kevin Enyeart said the state is also still waiting on an appeal of Burkett’s 2003 rape conviction, which Burkett had overturned in April.
In the voyeurism case, Burkett was charged with two separate counts because of the two victims, Enyeart said.
In exchange for the plea agreement, the state will dismiss the other voyeurism charge.
A pre-sentence investigation was ordered and the plea is under advisement by Cass Superior Court I Judge Thomas Perrone until the Feb. 14 sentencing.
Burkett was previously sentenced to 40 years in prison for a 2003 case in which he was accused of raping his girlfriend. He applied for post-conviction relief twice stating that there were issues with his defense attorney. He won the second post-conviction relief under Special Judge Robert McCallen and was released from jail in April.
He was then arrested Aug. 17 on warrants for the voyeurism charges.
The state filed an appeal to overturn the post-conviction relief and reinstate the 40-year sentence.
“It’s still pending. We don’t have an opinion yet,” Enyeart said.
Enyeart said the pending appeal will not affect the plea agreement because it’s a separate issue.
If the state does win the appeal, Burkett’s sentence will be reinstated, Enyeart said. If the state loses, Enyeart said he will ask for a retrial on the rape case.
Enyeart said he has been working with the adult victim in the voyeurism charge and she supports the plea agreement.
“She was happy with this plea agreement,” Enyeart said.
Under the plea agreement, Burkett will receive jail time credit for each day in jail since Aug. 17.
A class D felony carries a penalty of six months to three years in prison and a fine of up to $10,000.
Burkett remains in the Cass County Jail without bond.
Caitlin Huston is a staff reporter of the Pharos-Tribune. She can be reached at 574-732-5148 or firstname.lastname@example.org.