SamAdams,

When you say that the DA may ask for jail time instead of a fine if I lose the trial, is that something I would know about before choosing to go ahead with a trial, or is it a "surprise" that would not be disclosed until the end? In other words, do I get to know fully the consequences I am choosing between?

As far as something I am not telling, the facts are very simple. I was walking through the trails of a park, which yes, is known to be a homo hangout. I entered a clearing where 2 guys were having sex. I wasn't interested and left the clearing but the police arrived seconds later, tried to arrest the 2 guys (but they ran and the police didn't chase) and arrested me because they saw me leaving that immediate area. I returned another today to photograph the area, and the pictures show it's impossible for anyone to have seen who was doing what in the clearing from even a dozen paces away, but they said they "saw" me and that all of us were masturbating (by the way, the other 2 guys were fucking, so I KNOW the police are fabricating it all).

My lawyer said that in his opinion, the place is NOT reasonably exposed to public view and that there is not a reasonable expectation that we could be accidentally seen by the public, however he still seems to think I will lose anyway. he says the jury will be so unfavorably impressed with the fact that there were multiple men involved, that they will vote guilty out of moral repulsion.

Quote |