http://www.nypost.com/p/news/local/subway_jerk_wants_rap_thrown_out_xi9LO7ZZXciJFQV2ZrrVnI
Subway ‘jerk’ wants rap thrown out
He admits he masturbated in a crowded 1 train in 2002 — and that “some of it got on” a 14-year-old girl.
But 250-pound accused subway “grinder” Jason Mack — whose 2009 felony indictment was reduced to a misdemeanor in a precedent-setting appeal — is hoping now to win a total dismissal because prosecutors are still not ready for trial.
“You know, the train be crowded — it was rush hour — and the lady bumped me,” the giant jerker told a reporter after a brief Manhattan Supreme Court hearing yesterday, at which prosecutors said they were not ready and the defense filed papers asking that the case therefore be dropped. “I know my DNA came on her,” Mack added. I apologize for that. That won’t happen no more. I won’t do that again.”, explaining that he’d been drinking at the time
Although the disgusting crime occurred back in 2002, the stains from the victim’s jeans were not successfully matched to Mack until 2009, when he was charged with felony sex abuse.
Mack’s lawyers successfully argued all the way to the highest court in the state that mere masturbation — even in close proximity — was not technically an act of physical force against a victim, and therefore can only be charged as a misdemeanor.
Manhattan Supreme Court Justice Renee White said she will decide on the proposed dismissal on Oct. 30.
