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Continuance Without a Finding for Retiree Charged With Open and Gross Lewdness and Disturbing the Peace Charge Dismissed
Our client is a retiree. He is in his 80’s. In August of last year he was at a pool at his country club. He lay down on a recliner and placed a towel over his bathing suit. He then proceeded to take his penis out and subtly masturbate. This was observed by young women at the club who contacted security at the club. Our client was escorted out of the club. Security video supported the observations of the women. Our client was charged with open and gross lewdness, a felony under G.L. c. 272 section 16 and disturbing the peace in violation of G.L. c. 272 section 53. Over the objection of the assistant district attorney the felony was continued without a finding for 90 days and the disturbing the peace charge was dismissed.
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