A man was charged with eight counts of molesting and assaulting a group of middle school children in the City of St. Louis. He was facing up to fifteen years in prison and lifetime sex offender registration if convicted of the molestation charges.
This was a very unique case. The Defendant was high on PCP and ran through a group of young females outside of a middle school, touching all of them in front of a large number of witnesses. The Defendant did not remember the incident at all. However, there were numerous witnesses, including parents and security guards, that all testified consistently that he touched all of the children in different ways.
The defense was not allowed to argue, due to the voluntary use and intoxication of PCP, that the man did not know what he was doing. However, the defense was still able to get the evidence in at trial with a seldom used exception to the voluntary intoxication rule. Mr. Muhlenkamp told the jury to focus on the defendant’s specific conduct and apply the law properly. He asked the jury to consider whether the Defendant’s conduct amounted to simple assault or child molestation that triggered sex offender registration.
The jury agreed that this conduct only rose to the level of a misdemeanor assault. The Defendant was subsequently convicted of non-sex misdemeanors and received time served on all counts. All of the verdicts on the sex offenses were not guilty.
May 21, 2015