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.

On September 1, 2021 LC and his former lawyer appeared in Court. The case was set down for trial by jury on November 10, 2021. On September 2, 2021 LC discharged his former lawyer and hired Attorney Robert Lewin. Over a year had passed since the incident and Attorney Lewin felt that the woman would not be able to identify LC as the man in the vehicle. Attorney Lewin insisted that the State Police conduct an identification procedure to see if the lady could identify the alleged perpetrator. On September 23, 2021 a photo array identification was performed and the lady was unable to identify LC’s photo. This was critical because now neither MA nor NH could prosecute LC as the woman was unable to identify him as the offender.

On October 4, 2021 (32 days after Attorney Lewin was hired) LC and Attorney Lewin appeared in Newburyport District Court. and the case was ordered DISMISSED for lack of prosecution. LC (and his family) and Attorney Lewin left the Newburyport District Court very satisfied that the case had been brought to such a quick and favorable conclusion.

Attorney Lewin was an Assistant District Attorney from 1971 t0 1975. He has been practicing criminal defense law since 1975 and has an enviable record of success in defending all crimes, especially sex offenses. There are very few lawyers who can match his level of experience and expertise.

 

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