Gerald Dwayne Woods: Okay, Yeah -- I Masturbated In Front Of Kids. But My Attorney Stinks!!
|Eying little girls with bad intent.....|
He pulled up to a school bus stop in his BMW, stared at the young middle-school girl waiting there, and started jerking off. After "two to three minutes," apparently judging the moment to be right, he called the girl over. She fled.
Woods was convicted of indecency with a child, and he of course appealed. But he didn't claim the evidence was insufficient and demand a new trial; he instead said his attorney sucked because he let the jury hear about another BMW/little girl/jerking-off episode. (Another episode that he didn't deny.)
An argument might be made that the information on the other incident was extraneous and would only inflame the jury. The 1st Court of Appeals found, however, that Woods' attorney had opened the door for the jury to hear about it when he raised questions about whether the child at the bus stop had properly identified him.
So this second incident was allowed into evidence:
G.S. testified that on October 6, 2008, in the morning before school began, she saw a "black-ish, blue-ish color" BMW parked along the sidewalk outside of Jefferson Davis High School which is located next to Marshall Middle School. Appellant beckoned G.S. and her sister, A.S., to approach the vehicle.The court found that Woods had failed to prove the jury would have acted any differently if they hadn't heard about the second incident.
A.S. walked up to the parked BMW and appellant asked for directions. Appellant told A.S. to look down, at which time, A.S. observed appellant masturbating. The two girls ran to Mr. Diaz, an assistant principal, who then took note of the BMW's license plate number.
Officer McClung testified that he was called to the scene, that he ran after the vehicle, and that he recorded the license plate number of the vehicle. The license plate number led to the identification of appellant as the driver of the BMW.
One less BMW hanging around middle-school bus stops...probably a good thing.