Our client, an elderly man, was concerned that his twelve-year-old neighbor might be gay. He saw the boy as being like his own grandson. He touched him inappropriately, a minute-long clothed embrace from behind, but the intent was to “scare him straight.” This would normally be a misdemeanor offense, but in this case, the District Attorney would not accept a plea bargain to classify it as a misdemeanor, nor would they permit the jury to consider a misdemeanor charge. We fought the case at trial and the result was a hung jury (the jury could not agree that our client was guilty) – no conviction. At that point, the District Attorney offered a misdemeanor and no jail time to avoid a second trial.
