A lawyer for William Archie Fain has asked a judge to throw out peeping and prowling charges against his client, a convicted murderer and rapist whose 1983 parole stirred a public outcry. Attorney Robert Y. Bell told Santa Clara Municipal Judge Leon P. Fox that sections of law that Fain was arrested under are vague, unenforceable and resulted in unfair prosecution. "He was arrested because he was William Archie Fain," Bell said. The judge said he will rule on the motions Jan. 17. Fain, who is free on $1,000 bond, was arrested in September for allegedly peeping into the ground-floor bedroom window of a San Jose apartment.