November 8th 2011
Lewdness, Open and Gross Chapter 272 Section 16
Lewdness, Open and Gross Chapter 272 Section 16
According to police, a witness saw client pull his penis out of his pants when she drove by him. Then the witness saw client again, and once again he repeated the act. Police located and arrested client and placed two sex charges against him. If client was found guilty of the charges, he would surely have been required to register as a sex offender (SORB) aside from any imprisonment---and potential deportation—as he was not a US citizen. Moreover, client had previously been charged with Criminal Harassment, Accosting, Lewd and Lascivious Behavior, Open and Gross, Peeping Tom, and other non-sex crimes. Attorney Barabino had no choice but to bring the case to trial as the Commonwealth would be seeking the maximum penalties. However, once all parties appeared ready at trial, the Commonwealth was unable to secure the presence of that key eyewitness---resulted in a request from Attorney Barabino to dismiss the charges, which was allowed.
RESULT: BOTH CHARGES DISMISSED, NO RECORD OF SEX CHARGES, NO SEX OFFENDER REGISTRATION.
