May 2012 Open and Gross Lewdness: Dismissed
Man charged with Open and Gross Lewdness for allegedly masturbating in public while sitting in parked automobile along the roadway. He retained the services of Attorney John L. Calcagni III who successfully negotiated to have the case and its charge dismissed.
A woman was walking her dog one day in a residential neighborhood. She walked by an automobile parked along the roadway. Inside she observed a young man in his mid-twenties sitting in the driverӳ seat with his penis in his hand. The woman walked by the car and continued to walk her dog. On her way home she passed the vehicle again. This time she observed the man with his erect penis in his hand and masturbating. This time the woman noted the make and model of the vehicle as well as its registration. She relayed this information to police. Police traced the vehicle back to a residential home. They responded to the location but found no one home. An officer left behind a business card with a note for the occupants of the home to contact police. The occupants returned home and discovered the note. A man then responded in person to the police department and confirmed the make model and registration of his vehicle which matched the description provided by the dog walker. The eyewitness who reported her observations to police was notified but was unable to identify the man she claimed to have observed masturbating. Nonetheless the man was criminally charged with one count of Open and Gross Lewdness.
The man hired the services of Attorney John L. Calcagni III to defend him against this charge. The man is a U.S. Soldier assigned to the U.S. Army National Guard. He maintained his innocence to the charged offense at all times. As a military service member a conviction of any type would have destroyed his military career. Attorney Calcagni who has extensive military training and experience zealously advocated for his client with the Court and prosecutors. He ultimately convinced prosecutors to dismiss the case and its charge against the Soldier.