Jason Mack admitted to masturbating on a crowded train in 2002 and "accidentally" ejaculating onto a 14-year-old girl. However, he wasn't indicted until 2009 because it took that long for the DNA on the girl's jeans to be traced to Mack. Initially considered a felony, the sex abuse charge was reduced to a misdemeanor following an appeal. Now Mack wants the case tossed because prosecutors still aren't prepared for trial.
During a meeting at the Manhattan Supreme Court earlier this week, Mack did his best to explain his actions. "You know, the train be crowded—it was rush hour—and the lady bumped me." Somehow, Mack's lawyers were able to argue that masturbation is not an act of physical force, and should only be considered a misdemeanor.
Mack already spent a year in jail awaiting trial after initially being charged with a felony, and could only face a maximum of 180 days behind bars for the misdemeanor.
[via NY Post]