BASIC FACTS: An adult male civilian witness reported an incident involving lewd behavior (“indecent exposure”) to local police. The witness alleged that he saw a man in the post office parking lot seated in his car. As he walked by the man’s car, he saw that the driver was not wearing pants. The driver of the car exposed himself to the witness, began masturbating, and asked the witness if he was interested in taking a car ride.

After rejecting the driver’s offer for a car ride, the witness wrote down the car’s plate number and proceeded to the police station to report the indecent exposure to the police. The police took the witness’ statement and began investigating. The police eventually questioned the defendant about the incident, but the defendant denied any involvement and denied being at the scene of the indecent exposure.

The police took the defendant’s picture, and later showed it to the witness who positively identified the defendant as the perpetrator of the indecent exposure and lewd behavior. The defendant was subsequently charged with “open and gross lewdness”, a misdemeanor punishable by up to two and one half years in jail. The defendant would also have had to register as a “registered sex offender” if he was convicted of “open and gross lewdness” because of a prior similar conviction.

PRE-TRIAL MOTION STRATEGY: Attorney Stevens filed a motion to suppress evidence based on the photo identification procedure used by the police in this case. He argued that the manner in which the police showed the defendant’s photo to the witness was unconstitutionally suggestive and violated the defendant’s constitutional rights to due process and right to a fair trial.

HEARING: Attorney Stevens moved for an evidentiary hearing on the motion to suppress evidence. At the hearing both the complaining witness and a police officer who investigated the case testified. After the hearing, the trial court granted Attorney Stevens’ motion to suppress the photo identification; the charge was dismissed.

CASE RESULT: DISMISSED!!! NO CONVICTION; NO SEX OFFENDER REGISTRY!!!

Attorney Stevens thanks God for this successful defense!