Judge: Man was candidate, not stalker

State Rep. Karlee Macer first became frightened by John L. Couch when he prepared her taxes at a tax prep shop, then told her he knew everything about her, and that she should understand what that meant.

Two days later, Macer saw Couch on the floor of the Indiana House. Though he had shown no previous interest in politics, Couch said he was there to file to run for Macer’s House seat.

Three months later, Couch called Macer at a phone number that was unpublished. He wanted to set up a debate, she said, but he ordered her not to interrupt him as he talked.

As the campaign season progressed, Macer said she began seeing Couch at election forums. He would ramble and behave erratically — enough that others noticed. And it made her uncomfortable. He also showed up at a private dinner — one that wasn’t on any of her public schedules — and stared at Macer, she and other witnesses said.

But none of that, a Marion County judge ruled Friday, amounted to stalking.

Judge Kurt Eisgruber, rendering a verdict in a bench trial, said candidates have a right “to be present in the public square.”

“John Couch was running a campaign for office, not a campaign to stalk,” Eisgruber said.

Eisgruber noted that Couch and Macer had one-on-one contact only twice and that most of their interaction occurred at campaign events.

Couch never physically harmed Macer.

The judge found Couch not guilty of stalking and two other charges: forgery and resisting a law enforcement officer. Two other counts of forgery and perjury were dismissed before the trial.

An investigation of Macer’s complaint showed Couch has had previous hospitalizations for mental illness.

After the verdict, Couch and his attorney left the courtroom quickly. When asked by reporters how he felt about the verdict, Couch said, “I feel great,” and “I’m very happy.” When asked whether he was a stalker, Couch replied, “Oh, no.”

Macer testified in the trial but was not present for the verdict. Macer, through her legislative office, declined to comment.

Anne Harrigan, the assistant supervisor of the special victim’s team with the Marion County prosecutor’s office, said Macer’s concerns were legitimate and worthy of pursuing a case.

She said it appeared that Couch “feigned” his interest in running for office as a means to get closer to Macer. He moved into the house district and got a post office box there after he filed to run.

But she said showing that a pattern of “everyday, seemingly innocuous” behaviors add up to stalking can be difficult to prove.

“Whenever you have a stalking case, you have to look at the totality,” Harrigan said.

“What we had we felt was sufficient for a stalking conviction.”

Call IndyStar reporter Robert King at (317) 444-6089. Follow him on Twitter at @RbtKing.

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