June 16, 2011

• Steven Topazio wrote this April 27, 2014 at 12:13 pm

The defendant, an administrative assistant for a local hospital, was summonsed to court for a Magistrate’s hearing after police, while conducting a property check, observed a motor vehicle with the engine idling, but appearing unoccupied, discovered the defendant, with another individual, both with their pants pulled down below their respective ankles, and elicited testimony that both parties were performing oral sex on each other. The defendant represented himself at the Magistrate’s hearing but was unsuccessful in stopping the charges from issuing. Once charges issued, the defendant hired Boston Criminal Defense Lawyer Topazio to defend him. In order to prove the defendant guilty of this offense, the Commonwealth must prove five things beyond a reasonable doubt: First: That the defendant exposed his (her) (genitals) (buttocks) (or) (female breasts) to one or more persons; Second: That the defendant did so intentionally; Third: That the defendant did so “openly,” that is, either he (she) intended public exposure, or he (she) recklessly disregarded a substantial risk of public exposure, to others who might be offended by such conduct; Fourth: That the defendant’s act was done in such a way as to produce alarm or shock; and Fifth: That one or more persons were in fact alarmed or shocked by the defendant’s thus exposing himself (herself). Today, Attorney Topazio argued that his client’s acts were not open nor did he expose himself to anyone, and convinced the District Attorney and Court to dismiss the charges against his client despite the Commonwealth’s argument that ineffective attempts at concealment do not prevent act being “open” if committed in a place where there can be no real privacy.