OPEN & GROSS LEWDNESS CONTINUED & DISMISSED

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.