Indecent Exposure

December 21, 2021

Open and Gross Lewdness Charge Dismissed

In August 0f 2020, LC, a 61 year old self-employed contractor, received a summons to appear in Newburyport District Court to answer to a criminal complaint charging him with open and gross lewdness and indecent exposure. The complaint alleged that the offenses occurred on July 25, 2020. LC retained a lawyer and LC was arraigned on August 31, 2020. The case dragged on in court for a year and nothing seemed to be happening with the case. LC then consulted with Attorney Robert Lewin from Andover. Attorney Lewin saw that there were two big areas where the Defense could strike and potentially win the case – and win it quickly.

The police report indicated that a woman was driving south on I-95 from Maine through NH into Massachusetts. The woman told the state police that a man in a truck had been following her vehicle closely and at times would pull alongside her vehicle. She told the state police that the man was throwing her kisses. She then told the police that after she and the man crossed from NH into MA the man pulled alongside of her and was naked. She said he then raised his body and exposed his genitals to her and was masturbating. She said the man then pulled off I-95 into the Salisbury rest area. She got the license plate number of the vehicle and furnished it to the state police. The license plate came back to LC’s vehicle. The police were unable to make contact with LC, but charged him nevertheless.

Attorney Lewin explained to LC that nowhere in the police report does it state that the woman ever made an identification of LC as the person in the vehicle. Attorney Lewin pointed out to LC that the state had the burden of proving beyond a reasonable doubt that it was LC who exposed himself. It was NOT enough that it was LC’s vehicle. At a trial the state would have to prove that it was LC who was driving the vehicle and it was LC who exposed himself. There was another big issue. The woman said that the man pulled off at the Salisbury rest area. Attorney Lewin got out the maps of I-95 and showed that the exit ramp for the Salisbury rest area off I-95 South begins in NH, not in MA. The woman had told the state police that the masturbation and the exposure occurred before the man pulled off the highway. This means that NO crime was committed in MA.

September 16, 2015

INDECENT EXPOSURE CHARGE AVOIDED

by Robert D. Lewin

On Thursday morning, July 2, 2015, PQ, a 64 year old man from Cambridge was out working in his garden completely naked. His next door neighbor a sixty-eight year old female was not amused. The police were called and responded. This was not the first time that PQ had done this – in fact it was the third time that had been reported. By the time the police had arrived PQ was in his house and had his clothes on. The female neighbor – who suffers from PTSD – told the police she was “shocked and alarmed” by his repetitive behavior. The police could have charged PQ with Open and Gross Lewdness and arrested him on the spot. Open and Gross Lewdness is a felony and upon two convictions sex offender registration is required. PQ got his first break that morning. The police did not arrest him; instead the police told him he would be receiving a notice from the Court. About one month later PQ received a Notice from the Cambridge District Court that the Cambridge Police had filed an application for a criminal complaint to issue against PQ for Indecent Exposure. The Notice informed PQ that a hearing would be held by a Clerk-Magistrate at the Court to determine whether or not PQ would be formally charged.That was PQ’s second break; the police were seeking a criminal complaint for Indecent Exposure, a misdemeanor that does not require sex offender registration as opposed to the felony charge of Open and Gross Lewdness. (Open and Gross Lewdness is an enhanced form of indecent exposure; it is Indecent Exposure that causes “shock and alarm”.) PQ retained Attorney Robert Lewin from North Andover. Attorney Lewin told PQ he had to enroll immediately with a therapist/counselor/psychologist with expertise in exhibitionism. PQ followed Attorney Lewin’s suggestion and immediately began a program of psychological counseling. Attorney Lewin contacted the Cambridge Police Prosecutor who in turn put Attorney Lewin in contact with the Officer who would be prosecuting the case at the Clerk-Magistrate Hearing. Attorney Lewin spoke at length with the prosecuting police officer and explained that PQ was now in psychological counseling. Attorney Lewin suggested to the prosecutor that the case be resolved at the level of the Clerk-Magistrate Hearing; specifically, Attorney Lewin advocated that a criminal complaint not be issued.
On September 15, 2015 PQ and Attorney Lewin appeared in Cambridge District Court for the Clerk-Magistrate Hearing. PQ’s neighbor was there; the property manager for the complex where PQ and his neighbor live was present; and the prosecutor from Cambridge PD was present. The neighbor told her story to the Clerk-Magistrate; the property manager testified as to the prior complaints from other neighbors in the complex and as to how PQ had been spoken to by the property manager on prior occasions. Attorney Lewin informed the Clerk-Magistrate as to PQ’s good background and as to how he had immediately enrolled in counseling with a psychologist with expertise in dealing with sex offenders. Attorney Lewin presented a report from the psychologist. Attorney Lewin advocated for the Clerk-Magistrate not to issue the criminal complaint but rather to hold the application for one year and if PQ were in no further trouble then the application could be dismissed. The neighbor objected and wanted either a complaint to issue or the matter to be left open for two years. Ultimately the Clerk-Magistrate adopted Attorney Lewin’s proposal and continued the hearing for one year. The Clerk-Magistrate gave PQ a stern warning that if he exposes himself again that he will be arrested and charged with both this case and the new case.
This was a significant win for PQ. He was not charged with any criminal offense; no entry will be made on his criminal record; when the one year goes by – assuming he has been able to keep his clothes on – this application for a criminal complaint will be denied and dismissed and the papers are destroyed. PQ left the courthouse quite relieved.

September 9, 2014

OPEN & GROSS LEWDNESS CONTINUED & DISMISSED

by Robert D. Lewin

On October 8, 2013 PD, a 58 year old engineer, drove to the Loop Shopping Center in Methuen during the lunch hour. He parked his car in the parking lot in front of Marshall’s. A woman shopper came out of Marshall’s and proceeded to walk toward her car, which was parked behind and to the side of PD’s car. As she walked by PD’s car she looked over into his car through the open window and observed that PD was masturbating. She stated to the police that she saw his penis in plain sight and that PD was masturbating. She got into her car and called 911. There were police in the parking lot and they responded immediately. The police pulled up (2 cruisers) by PD’s car and got out and went over to PD’s car; his pants were unbuttoned, unzipped, and open and he was putting his penis back into his pants. The police arrested PD and charged him with Open & Gross Lewdness. Open & Gross Lewdness is a Felony in Massachusetts and two convictions require registration with the Sex Offender Registry.
PD retained Attorney Robert Lewin. Attorney Lewin immediately had PD enroll in mental health counseling with a counselor who was familiar with sex offenses. Attorney Lewin gathered up all the positive material from PD’s past (excellent military service record, college education record, and employment history). Attorney Lewin then met with the Assistant District Attorney for a pre-trial conference and was able to convince the DA that PD warranted consideration. Ultimately a plea bargain was worked out and the charge of Open and Gross Lewdness was continued without a finding. In December of 2014, provided PD stays out of trouble and continues with his mental health counseling, the charge will be dismissed. As a result of this disposition PD was not convicted of any criminal offense, he will not have to register with the Sex Offender Registry Board, and he is not required to wear a GPS device. PD was very relieved and happy with the result.

April 23, 2014

OPEN & GROSS LEWDNESS CHARGE AVOIDED

by Robert D. Lewin

On February 24, 2014 JV, a 66 year old retired carpenter, woke up at about 7:30 in the morning. He sleeps in just a t-shirt. He got out of bed and walked over to a living room window and stood by the window looking outside. His private parts were exposed. According to a Winthrop Police Report an 11 year old boy living one house over looked over at JV and saw JV masturbating. The 11 year old boy got his Mother and she also looked over at JV’s house and she also observed JV masturbating. The mother called the police who responded. After an investigation the police applied for a criminal complaint against JV for Open and Gross Lewdness, a felony in Massachusetts. JV retained Attorney Robert Lewin from North Andover.

Attorney Lewin obtained copies of the police reports and then contacted the Police Prosecutor. Attorney Lewin had several discussions with the Police and ultimately the Police agreed not to push for the issuance of a criminal complaint. On April 23, 2014 JV and Attorney Lewin appeared in East Boston District Court for the hearing on the application for a criminal complaint that had been filed by the Police. Attorney Lewin explained to the Clerk-Magistrate that the case had been discussed at length with the police and that Attorney Lewin was requesting that no complaint be issued, but rather that the matter be left open for 1 year with the application to be dismissed at the end of the 1 year if JV is in no further trouble with the law. As a result of this disposition JV was not arrested, he was not charged with a crime, no criminal complaint was issued against him, he did not have to appear in open court before a judge, no entry of the case was made on JV’s CORI (criminal record), and there was no public notice of the charge that had been applied for against him. JV (and his wife) walked out of East Boston District Court very relieved and very happy that their court ordeal ended well.

March 4, 2012

Public Urination — Indecent Exposure Charges Dismissed At Arraignment

by Robert D. Lewin

After a Friday evening bar-hopping and watching a boxing match at the Lowell Auditorium, JB was headed home. Although intoxicated, he did the responsible thing and gave his car keys to a friend. As he looked and waited for a cab, however, the drinking caught up to him and he had an urge to urinate. It was nearly 2:00 a.m. and the bars and restaurants were no longer allowing patrons to enter. JB found a dark alleyway and walked into it. He found a secluded doorway which he thought was out of sight and proceeded to relieve himself. He finished his business and began to walk down the alley when a police officer appeared seemingly out of nowhere. The police officer indicated that others had seen him urinate. The officer placed JB under arrest for indecent exposure. JB was charged in the Lowell District Court with indecent exposure. On Saturday, JB contacted Lewin & Lewin and met with the attorneys on Sunday. Attorney Joshua Lewin prepared a defense of the case for JB’s arraignment which was scheduled for Monday morning. Attorney Lewin appeared with JB in court on Monday morning January 30, 2012 and was successful in getting the case dismissed at the arraignment. Attorney Lewin got the case dismissed less than 72 hours after the crime allegedly occurred. JB walked out of the courthouse very thankful and “relieved.”