Massachusetts Criminal Lawyer Blog
You could not make this one up. On April 10, 2022 a husband and wife were driving a large tractor trailer truck south on I-495 in Haverhill. The wife was driving and her husband was sitting next to her. The wife noticed a car pull along side the truck on the driver’s side. The wife looked over and saw what appeared to be a woman, wearing a skirt, touching herself over her skirt and her breasts were fully exposed. The woman told her husband and her husband got out his cell phone and took a video of the woman fondling her breasts and touching herself over her skirt. The car ultimately passed the truck and the husband got a photo of the car and its license plate. The couple called the state police and told the police what happened and gave the police the plate number of the car. The State Police ran the plate and discovered the car was registered in Haverhill. The police went to the Haverhill address and the car was there and the engine was still warm. The police knocked on the door and MN came to the door. MN was a 44 year old male. The police asked MN if he was alone. He said yes. The police asked if there was a woman in the house. He said no. The police asked if anyone had driven his car that night and MN said no. The police asked MN if he had driven the car earlier and he said yes. The police left.
Shortly thereafter the husband and wife who had been in the truck sent to the State Police the video that they had taken. The police obtained a criminal complaint against MN for open and gross lewdness in Haverhill District Court. MN consulted with and retained Attorney Robert Lewin from Andover, MA. Attorney Lewin has an enviable record of successfully defending all types of sex offenses.
On August 3, 2022 MN was arraigned. Following his arraignment Attorney Lewin prepared and filed a Motion to Dismiss the case. In order to prove the crime of Open & Gross Lewdness the first element of the crime that the state must prove is that the accused “exposed his or her, genitals, buttocks, or female breasts” to one or more persons. That is exactly what the law requires the state to prove as the first element of the crime. In this case, however, there was NO evidence that MN exposed his genitals. There was NO evidence that MN exposed his buttocks. Male breasts are not included, only female breasts. A female is generally defined as “the sex which conceives and give birth to young”. MN is a male and has no ability to either conceive or give birth to young. Attorney Lewin set this all out in his Motion to Dismiss the case.
On September 27, 2022 MN and Attorney Lewin appeared in Haverhill District Court. Attorney Lewin met with the Assistant District Attorney and explained the impossibility of MN – a male – exposing female breasts. The Assistant District Attorney agreed and the Assistant District Attorney moved to dismiss the case. The Judge ordered the case dismissed.
MN was very happy with the result and thanked Attorney Lewin. Attorney Lewin’s extensive knowledge of the law and his ability to be persuasive put this case in the win column.