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Posted on 07/18/2003 2:09:46 PM PDT by tdadams
EASTON -- In the end, the prosecution's case didn't measure up to the defense strategy of Robert M. Peters Sr.
The 47-year-old locksmith from Bangor was acquitted of indecent exposure after less than an hour of jury deliberations Tuesday. Peters went to great lengths to prove his innocence.
His accuser said she was chatting with Peters at her Bethlehem home after he had installed a lock on June 12, 2002. She said Peters made an off-color remark about her beauty as they sat in her living room, and she saw three inches of his erect penis sticking beyond the bottom of his shorts.
It couldn't have happened, according to defense attorney Gary Asteak, because Peters' penis is only four inches when erect. To prove it, he passed out two Polaroid photos of Peters' approximately two-inch non-erect penis for the jury to examine.
Also, the 312-pound man dropped his pants and let the jury view him for a few seconds wearing a pair of white briefs. Asteak said the victim may have seen a fold of Peters' flab, not his penis.
"What she saw I suggest to you was a thigh," Asteak said "An ugly thigh, indeed."
Peters' doctor testified via videotape that there are multiple folds on his thighs and he suffers from sores and infections where the thighs rub together.
"The evidence didn't stand up to scrutiny," said a victorious Asteak after the trial.
After the trial, Peters said he had no regrets about baring it all for the jury.
"I told Gary from the beginning there was no way I would plead guilty to something I didn't do," Peters said. "Gary had to do what he had to do. I had to do what I had to do."
Assistant District Attorney Jay Jenkins said the victim may have been mistaken about the length of the penis when she reported the incident to police, but that doesn't mean she didn't see one.
"Whether she saw a two-inch penis or a 16-inch penis, the element (of the crime) is she saw a penis," Jenkins said. He said he respects the jury's decision.
The victim said Peters shocked her when, without any prompting, he complimented her breasts. He said he responded when she complained about her husband having left her for a younger woman and asked her if he thought she was ugly.
"I didn't know what to say," Peters said. "I said she was pretty. I said she has nice legs."
Peters said she looked at his crotch, screamed and told him to leave. He said his belly obstructed his view of his crotch, but he felt there to make sure he wasn't accidentally exposed. Not knowing how to respond to her screams, he left.
"I just figured it was someone trying to get out of paying the bill," Peters said. "I don't know."
The case gathered several curiosity seekers from around the Northampton County Courthouse, including prosecutors, defense attorneys, interns and court workers. While many in the public snickered outside the courtroom, the case was no joke to the jury, according to one juror.
"It was a challenge because of the sensitive nature of the case," said juror Karen Dolan of Bethlehem. "I think every juror remembered that it wasn't silly at all, that two peoples' lives and reputations were at stake, and we took it seriously."
Peters testified that the locksmith business is very competitive. After the trial, he said the publicity hasn't affected his business and he hopes it won't in the future.
"We have our ups and downs, but we are a small business," Peters said.
After he was charged with a crime, Peters started bringing his wife along on house calls to avoid a situation similar to the one in Bethlehem. And he said he doesn't wear shorts to work anymore.
Peters faced minimal jail time, more likely probation, if he had pleaded guilty. Asteak said taking the case to trial and asking Peters to expose himself were some of the most difficult decisions he's had to make as an attorney, but he said he felt it had to be done and was proud of Peters for not backing down.
Too many people in this system plead guilty for convenience, Asteak said. He chose to stand up for the truth and believe in the system.
I guess the prosecution was just short on evidence!
Kudos to Mr. Peters' defense.
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