Story by Julia Urquizo
RIVERSIDE, CA – Clarence William Bailey, on trial last Thursday in Riverside County Superior Court for misdemeanor indecent exposure for allegedly masturbating on his front porch, may be found guilty even though no one was present when he allegedly exposed himself.
Bailey was arrested on Aug. 5, 2019 for indecent exposure and lewd conduct for allegedly masturbating on his front porch on a number of separate occasions. Upon his arrest, the witness deputy testified to Bailey admitting that he indeed was masturbating outside which was corroborated with video evidence.
Deputy Public Defender Balbir Bassan pointed out to the jury that the defendant’s next door female neighbor gave testimony that was different from what she had reported from Aug. 5, 2019 on the scene.
The Deputy said the female neighbor had told him on Aug. 5, 2019 that Bailey masturbated on the front porch every day. Whereas during her trial testimony, she claimed to only see Bailey masturbate up to five times.
After the defense made a motion to acquit Bailey of the crime charged against him, Deputy District Attorney Melanie Ryan claimed the video evidence of Bailey touching his genitalia and three witness testimonies were sufficient enough to sustain a conviction.
Two of the witnesses testified that they were offended by Bailey’s conduct and that he had made eye contact with at least one of the witnesses.
PD Bassan argued the video evidence recorded by a witness did not clearly capture the defendant because her blinds were closed and she was concealed in her own residence. The same witness also testified to seeing nobody present on the street while the video was being recorded.
Judge Jacqueline Jackson contended that there was sufficient evidence if the jury were to convict Bailey of the charges brought against him because he did not attempt to conceal himself or shield any of his private parts – thus showing this was no attempt to have a secret masturbatory session but a public one.
The trial concluded with the defendant still choosing to plead not guilty due to the circumstantial evidence for intent or mental state. The jury was expected to deliberate beginning Friday.
