Man charged with recording woman in bathroom offered plea deal

Jan. 27—NEWBURY — A former local resident charged with recording his roommate while she was in the bathroom has until Feb. 7 to decide whether to accept a six-month jail sentence as part of an offer made Tuesday by a Newburyport District Court judge.

Philip Sedler, 62, faces two counts of photographing an unsuspecting nude person, disseminating a photograph of an unsuspecting person and criminal harassment. He was arraigned in February 2021 and posted $5,000 cash bail.

Since moving from Newbury, he has lived in Manchester, New Hampshire, for about a year.

All signs pointed to the case coming to a resolution Tuesday as Sedler admitted to Judge Peter Doyle that he recorded his former roommate.

The sticking point came after Doyle said he would sentence Sedler to 2 1/2 years in jail with six months to be served. After his release from jail, Sedler would be on probation for another 2 1/2 years.

That prompted Sedler's attorney, Cavan Boyle, to ask the judge to hold off on imposing the sentence for a couple of weeks so his client could be examined by a doctor and get his personal matters in order.

Doyle agreed to give Sedler until Feb. 7 to accept the deal or face trial. If Sedler opts for a trial, he would likely be looking at more time in jail if convicted.

Prior to Sedler asking for more time, Essex County prosecutor Shailagh Kennedy called his actions "quite disturbing" and added that he took advantage of his living situation and "exploited a private moment."

In an earlier court appearance, Kennedy said Sedler recorded an unsuspecting acquaintance involved in "personal grooming" while undressed in her bathroom in 2019.

The woman did not know she had been recorded until later when Sedler's ex-girlfriend told her that he sent her a video. Outraged, the woman who was recorded went to the Newbury police station to file a complaint.

The woman and Sedler had been living in the same home at the time of the incident.

Based on the complaint, Newbury police Detective Sgt. Aaron Wojtkowski obtained a warrant for Sedler's smartphone, according to court documents. Sedler handed the phone to the detective.

Sedler sat down for an interview with Wojtkowski at the police station — an interview that was recorded after he signed a consent form. Sedler also signed a form to acknowledge he waived his Miranda rights when he spoke to Wojtkowski, according to court documents.

In the phone's "recently deleted" folder, Wojtkowski found two videos showing the woman in the bathroom.

"The victim is clearly seen in a state of nudity and at no time appears to be aware she is being recorded," Wojtkowski wrote in his report.

Kennedy said it appeared Sedler tried deleting the videos two days after the woman reported the incident to police.

In November, Boyle petitioned unsuccessfully to have the case thrown out, arguing that Wotjkowski left out important information when applying for a search warrant in Newburyport District Court.

Boyle claimed his client believed he was in custody and could not leave the police station when interviewed. Boyle said Sedler went to the station to pick up a copy of a restraining order the woman had taken out against him.

It was only after picking up the court order from Wojtkowski that the detective asked Sedler to come inside and answer questions.

Regarding the search warrant argument, Boyle said Wojtkowski did not tell the clerk magistrate who issued the warrant that the person who told police about the video was Sedler's ex-girlfriend, who was angry at him because of a breakup and might have a motive to lie.

Boyle argued that if the clerk magistrate knew that fact, she would not have issued the search warrant.

But Kennedy said even without that information, there was enough probable cause for the clerk magistrate to issue the search warrant.

Doyle agreed with Kennedy, saying she had the facts and the law on her side and denied the motion regarding the search warrant. Doyle also denied the motion regarding the interview.

During the court appearance Tuesday, Boyle told Doyle that the motion to dismiss the case was his idea and that Sedler was not completely comfortable with proceeding.

Dave Rogers is a reporter with the Daily News of Newburyport. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.

Dave Rogers is a reporter with the Daily News of Newburyport. Email him at: drogers@newburyportnews.com. Follow him on Twitter @drogers41008.