This would have to be considered reasonable doubt right?
Unless they have some better evidence the man has to be found not guilty?
The accuser says she was raped in 2012 by a stranger whose penis was lighter than the rest of his skin — and picked Desmond James, 26, out of a photo lineup as her attacker.
But James’ attorney on Wednesday argued that his client’s private parts are actually darker than the rest of his body — and the best way to prove it was to display his manhood.
Judge Elpedio Vitale agreed it was within James’ Sixth Amendment rights to defend himself by whipping his bits out in the hall of justice.
But when Vitale brought the two women and six men of the jury into the courtroom, he didn’t warn them what they were going to see — saying only the defense was going to offer “nontestimonial” evidence that is “sensitive in nature and highly personal.”
So the jurors were cold-cocked when James walked into the middle of the courtroom, dropped his pants, lifted his shirt and pulled out his penis — standing wordlessly for a full 10 seconds, according to people who witnessed the spectacle.
“You saw a penis that is darker than the rest of his skin. For that reason alone, you must acquit,” defense attorney Todd Bussert said in closing statements on Thursday. Bussert noted that the display had brought more people into the courtroom that day.
I have to agree with defense.