May 28, 2016

"His pants/underwear didn't fall down on accident, he did it on purpose."

"Actions speak louder than words," said Deputy District Attorney Whitney Barnes. "In this case, not much is disputed about the facts. The only dispute is if the defendant was responsible for his actions.

"Two witnesses saw directly with their own eyes what the defendant was doing."

"Daniel Ward observed the defendant fondling himself. Pants down to his knees, shirt pulled up. He seemed out of it, cars passing by didn't faze him."

"Officer Price observes the defendant. The defendant notices the police vehicle, turns away, pulls his pants up."

Ms. Barnes pointed out the lie Kinley told Officer Price. The story about a friend needing to urinate and Kinley doing this so he would not be arrested. There was no one else around. Then after being arrested, he said, "not sure how it happened."

Ms. Barnes said there was no evidence that Kinley was under the influence of marijuana or pills.

For Count 1, indecent exposure, Ms. Barnes said wilful = on purpose. "It does not require intent to break the law. His pants did not fall down on accident; he did it on purpose."

Addressing a defense claim, she said, "the defense said he did not have the necessary thoughts; that is not true."

"He was facing the public; traffic; his pants were down, he was masturbating. His penis was erect. Why would he be masturbating if not for the purpose of sexual gratification."

 Ms. Barnes reminded the jury that during jury selection, she told them, "Even if you are drunk, you could chose to have consensual sex with someone, so why not of you drunk and masturbating?"

"The defense wants you to believe he "was drunk as a skunk" and "hammered". She pointed out the evidence they had just heard earlier. "You know he was not that intoxicated. He talked to the officer, he did not stumble, complied with booking orders, could walk without assistance."

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