Criminal Defense Attorney

Open and Gross Lewdness (exposed genitals at fast-food drive thru) – Dismissed

A teenage girl working the midnight shift at a local fast-food place called the police. She reported that a man had exposed himself to her at the drive-thru window. He ordered a cheeseburger, no onions. Specifically, she said that he pulled his penis out of his sweat pants and stroked it as he looked at her. She told police that her co-worker (female, early 20’s) walked over and observed the same thing.

The girls reported the man’s license plate; the police tracked the man to his home. A man came to the door as the police rang the doorbell. The police explained why they were at his home; he told them that he had just come from the fast food restaurant, but that he most certainly did not expose himself. The police were unconvinced. They arrested him.

The police did not check the video surveillance, nor did they speak with anyone else in the restaurant.

He hired Henry Fasoldt. He insisted that he never took his penis out of his pants. He believed that the girls were making fun of him for being poorly dressed and unkempt.

Henry conducted an investigation, using his favorite private investigator. The investigator obtained surveillance videos from inside and outside the drive-thru booth. The videos, though grainy, revealed no actual removal of the phallus from the pants. Next, the investigator spoke with the manager of the restaurant. The manager relayed the following information – the teenage employee had been fired the next day for “clowning around.” Henry’s investigator interviewed both girls, separately. They both told the investigator that the man did not actually take his penis out of his pants; they said “he was just, like, creepy and he looked at us funny.”

Henry brought all of this information to the prosecutor’s office. The over-worked and over-burdened prosecutors listened, but said that they could not dismiss the case outright. So, Henry scheduled the case for trial. On the date of trial the teenage witness showed-up; she told the prosecutor, face-to-face, that the man never showed his penis to them.

When the judge called the case, the prosecutor answered “not ready for trial, we will not be able to prove this case.” The judge dismissed the case.