In order to prove this case, the prosecutor will ultimately have to prove the last two parts of the jury instruction, which will be quite difficult. 4. That the defendant’s act was done in such a way as to produce shock or alarm; and 5. That one or more persons were shocked or alarmed by defendant’s exposure. Case in point. Ken Brown, area general manager of Solomon Pond said, “Its been a very positive day. People are very focused on buying,” “For us, this was a non-event.” I would subpoena this guy quicker than the jury will say not guilty. In addition, shoppers waiting to get into the mall began tweeting wildly about Mr. Watterson and his provocative ensemble. Some posted, with glee, jokes and photos of him while standing in line. “We looked over and (there) was a guy in a G-string, so we all started laughing,” he said. “People were cheering him on when the cops took him away. This does not equate to Shock & Alarm, which is required under the jury instruction to prove this charge. Santa might have acted in bad taste but I can assure you all, if bad Santa was female, and lets just say looked more like Gisele Bündchen, I doubt she would have been led away in handcuffs.
Posted on: Sat, 29 Nov 2014 17:52:24 +0000
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