SMETHPORT — A Bradford man who was found guilty by a jury last month of exposing himself to three teens is asking that the most serious charge be dismissed.
Codi L.M. Veite, 19, was convicted Dec. 13 of unlawful contact with minors-sexual offenses, a third-degree felony; indecent exposure, a first-degree misdemeanor; and open lewdness, a third-degree misdemeanor.
Veite’s attorney, public defender Philip Clabaugh, made an oral motion for extraordinary relief at Veite’s Thursday afternoon sentencing hearing, asking for a judgment of acquittal on the charge of unlawful contact with minors.
“It’s our assumption there is insufficient evidence” to prove the contact, Clabaugh said.
President Judge John Pavlock stopped Clabaugh to determine if it was appropriate to go forward with Clabaugh presenting evidence. Assistant District Attorney Ashley Shade indicated she wanted more time to research the issue.
Pavlock allowed Clabaugh to present an argument on Thursday, but said Shade and Clabaugh would be given additional time to file briefs spelling out their arguments.
Clabaugh explained that the term “contact” in the charge refers to communication, and not physical contact, that is made for the purpose of engaging in certain prohibited acts.
Clabaugh noted that the contact can be inferred; he referenced a case against a different defendant in which there was no direct testimony that an order was communicated, but the jury felt the defendant must have communicated the order for the story to make sense.
Clabaugh asserted that Veite’s statements during the incident do not constitute communication for the purpose of engaging in the prohibited acts.
According to court records filed at the time of Veite’s arrest, he allegedly showed his genitals to a 13-year-old, 15-year-old and 17-year-old who were outside in front of a house; he made several comments referencing sexual intercourse and told the teens he could be a “porn star.”
Shade did not offer a counter argument but said she would address it in her brief.
Clabaugh noted that if the motion is denied, Veite will have to register as a sex offender. He plans to file a second request related to Veite’s registration if that happens.
Veite’s sentencing hearing has been rescheduled for 1 p.m. March 8. He is free on unsecured bail.
