HILO — A 51-year-old Hilo man accused of photographing a woman without her consent during a sexual encounter at a public school and then sending a photograph or photographs from the encounter to a professional associate of the woman pleaded not guilty Thursday to charges stemming from his alleged actions.
Acting Hilo Circuit Judge Harry Freitas ordered Gregory William Payne to appear for trial at 8:30 a.m. Aug. 14.
Payne is charged with first-degree violation of privacy, a Class C felony punishable by up to five years imprisonment upon conviction, first-degree criminal trespassing and impersonating a public servant, both misdemeanors carrying a potential one-year jail term.
Payne is free on his own recognizance.
According to the complaint, the violation of privacy offense occurred Jan. 1, 2016, the trespassing, also at a public school, on Dec. 13, 2016, and the impersonation of a public servant on Jan. 17, 2017.
Payne, a substitute teacher, allegedly had consensual sex with the woman, who isn’t a DOE employee, on the grounds of E.B. de Silva Elementary School outside school hours, but purportedly photographed the woman during the encounter without her permission.
Payne also is alleged to have used DOE letterhead and signed the name of a DOE official on a letter purportedly included with the photo or photos to the woman’s associate.
A preliminary hearing was held May 10 and Hilo District Judge Michael Udovic found probable cause exists to try Payne on the charges.
Email John Burnett at jburnett@hawaiitribune-herald.com.