Charges of Open and Gross Lewdness Dismissed

In July of 2020 police in an upscale Boston suburb responded to a call for a man walking naked, screaming obscenities and vomiting in a trash barrel. The act was repeated less than two weeks later. Both times the man was arrested and charged with open and gross lewdenss. This is a felony in Massachusetts under G.L. Chapter 272 section 16. A conviction would require sex offender registration. From the start our office contended that the case was over charged. Open and gross lewdness is a specific intent crime. Medical records demonstrated that our client’s alcohol level was so significant as to remove any intent on his part. We engaged a forensic psychologist to assist with the issue of intent should the matter go to trial. Finally, after scheduling the case for trial and providing the expert witness report the district attorney’s realized its inability to prove this case. Consequently, today, the felony charges were dismissed.

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