Conviction Overturned in New Jersey Public Lewdness Conviction

Conviction overturned in N.J. cruising case Also see follow up report August 24, Officer Affronted, Alarmed by Exposed Penises.

SUMMARY: A gay man's lewdness conviction in a cruisey public park is overturned, and activists follow up with calls for an investigation of police procedure.

A Manhattan gay man's conviction on lewd behavior was overturned by a New Jersey appeals court Monday, prompting a gay rights advocate to call for an investigation of police procedure.

After exposing himself to a plainclothes officer, Joseph Mamone was arrested June 9, 2004, at New Jersey's Palisades Interstate Park. Mamone claimed he went to the park -- which is known as a heavy cruising area -- simply to have lunch but that park officer Thomas Rossi made his interest in Mamone clear and suggested they walk to a shaded area.

Mamone testified that Rossi asked him, "What are you into?" and told him "to take it out" before Rossi exposed himself and was subsequently arrested.

The gay rights organization Garden State Equality has complained that the park unfairly targets "men they perceive to be gay" in their sting operations.

"The issue is not lewd behavior, which we positively do not condone," Garden State Equality's Steven Goldstein told the Star-Ledger newspaper of Newark.

"The issue here is disparate treatment. The problem is that the Palisades Park police have gone out of their way to bait gay people in a way they have not baited straight people. Without doubt, my organization is going to call for a public inquiry and possible charges with regard to the police officer," Goldstein said.

Rossi was not allowed to speak to the media, but Det. Nelson Pagan, a spokesman for the Palisades Interstate Park Police, told the Star-Ledger, "We do not pick on gays. We go up there and enforce the law on deviant acts."

Mamone's conviction was upheld by two courts before the appeals court ruled in his favor.

Very typical police behavior; encourage someone otherwise not so inclined to violate the law, then arrest them the minute they do so ... its an old, old police practice going back many years. Sometimes police even violate the law themselves in an effort to get you to do the same ... but what else is new? Police should never be trusted; absolutely never, IMO. PAT




Copyright © 2006 Planet Out.