Newport — The Newport High School guidance counselor accused of exposing himself to a neighbor says he did nothing more than get dressed for work in his bedroom each morning and has responded by making his own accusation: that his neighbor and her co-worker violated state privacy laws.

In January, Sunapee Police charged Thomas Mauzy with seven counts of indecent exposure and lewdness, saying he stood naked at his apartment’s bedroom window and exposed himself to Viva Hilgerson, a neighbor.

Hilgerson’s designated parking space was 25 to 30 feet from Mauzy’s window, and she witnessed him repeatedly stand naked in front of his window when she got in her car to go to work, according to court documents.

Mauzy pleaded not guilty to the misdemeanor charges; a trial is scheduled for May 24.

In a motion seeking a separate hearing before trial, Mauzy’s lawyer argued that Hilgerson violated state law when she videotaped Mauzy while he was in the privacy of his own apartment. Hilgerson used her cellphone in December to document Mauzy’s behavior, according to a police affidavit.

Richard Guerriero Jr., Mauzy’s lawyer, argues that Charles Ferrell, Hilgerson’s co-worker, also violated Mauzy’s privacy when he shined a spotlight into Mauzy’s bedroom. Ferrell had pulled his car into the parking area to give Hilgerson a ride to work and, according to the prosecution, shined a light on Mauzy to warn him that he could be seen by anyone passing the window.

The motion contends both Hilgerson and Ferrell will face questions about their own potentitally criminal conduct during cross-examination and that the court should determine if they will invoke their right not to incriminate themselves.

“Considering the evidence that (Hilgerson and Ferrell) violated criminal statute and the cross-examination that will occur at trial regarding that conduct, it is clear that there is a possibility that they may invoke their right to remain silent,” Guerriero wrote in his motion. “Thus, a hearing and inquiry … is required.”

“The defense very strongly believes that this matter should have been resolved by a simple and polite comment from one neighbor to another. That did not happen,” he wrote. “Instead, Mr. Mauzy has been charged with sexual misconduct, his name and face have been dragged through the media and he has been put on leave from the job he loves.”

According to the police affidavit written by Sunapee Police Sgt. Timothy S. Puchtler, Hilgerson went to the Sunapee Police Department in December and told an officer that on “numerous” weekday mornings, she’d walk to her car in the parking lot of the apartment complex and see Mauzy’s bedroom light turn on. He would then stand in front of his window naked, “sometimes completely and other times with just a T-shirt on,” she said, according to the affidavit.

“At first (she) thought it was an accident, but then felt it was being done on purpose as it continued to occur,” Puchtler wrote in the affidavit.

Hilgerson talked to Ferrell about Mauzy’s alleged conduct, and when Ferrell picked Hilgerson up one morning for work, he said he saw Mauzy come to the window and stand in front of it naked, according to the affidavit.

A few days after Hilgerson went to police, officers questioned Mauzy at his apartment and a “nervous” Mauzy told police he would “fix the problem,” according to the affidavit.

Puchtler, who is prosecuting the case, said there is no risk of self-incrimination because Hilgerson and Ferrell didn’t violate state privacy laws. Each had the right to be where they were — in the parking lot of the apartment complex — when Hilgerson took the video and Ferrell shined a light, according to Puchtler’s April response to the defense’s motion for a hearing. Furthermore, Mauzy’s decision to stand exposed in front of a window without blinds or shades amounted to an invitation to observe him.

“Due to Mauzy standing in front of his bedroom window for anyone to see, the element of private area is gone due to Mauzy’s own actions and failure to use his window shades or other areas of the bedroom,” Puchtler wrote.

Because Hilgerson and Ferrell are not worried about self-incrimination, the case can proceed to trial without the hearing, Puchtler said in a telephone interview on Monday.

A hearing hadn’t been scheduled as of Monday afternoon.

In Puchtler’s response, he wrote that Sunapee Police conducted undercover operations to catch Mauzy in the act, but were unsuccessful.

In a telephone interview on Monday, Mauzy’s attorney said he’d let the motion speak for itself.

Mauzy has since moved from Sunapee. He is currently on leave from his job at Newport High School.

Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.