Man charged with exposing his breasts

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Despite Jerome Mason's appearance, the 23-year-old shouldn't be punished for showing his chest in public, attorney Michael Welsh insisted Tuesday.

Welsh, a Hamilton County public defender, is stumped as to why Cincinnati police charged Mason with indecent exposure after they reported Mason was exposing his breasts.

"It's not illegal for a man to expose his breasts," Welsh said. "It's also not even technically illegal for a woman to expose her breasts (in public)."

The dilemma is that the 6-foot, 200-pound Mason, although listed as a male on court and police documents, has the breasts of a female.

"He's a guy. He's real tall, and he's got a full set of breasts," assistant Cincinnati solicitor Kevin Donovan said Tuesday.

Donovan was the prosecutor on the case until it was transferred to another prosecutor.

The case started April 22 when Cincinnati police arrested Mason at 1 a.m. in front of 1923 Elm St. and charged him with indecent exposure.

"This complainant states that this complaint is based on Arrested exposed his breasts in public," Cincinnati Police Officer Jody Dilinger wrote in an April 22 court document.

The charge against Mason carries a maximum sentence of 30 days in jail, but Welsh insisted no crime was committed.

He'd like to say that to Mason, but Mason has twice made appointments to have Welsh represent him in court and twice stood Welsh up.

"At this moment, I am not his lawyer," Welsh said. "He sets an appointment and just doesn't show up."

Hamilton County Municipal Court Judge David Stockdale has twice told Mason to get an attorney and continued Mason's Tuesday court appearance because Mason still hasn't an attorney to represent him.

"I have no idea," Welsh said of why Cincinnati police arrested Mason.

Because of the status of Ohio law concerning exposing breasts, Welsh is sure he can win the case.

"This is the type of case that even if he was to plead no contest, he should be found not guilty. If Judge Stockdale rules properly, (Mason) should be found not guilty," Welsh said.

There is no Ohio law, Welsh said, that makes it a crime for a man to expose his breasts. If so, every man - fat or thin - without a shirt could be in danger.

Ironically, Welsh noted, a 1990 ruling in Hamilton County also means it's not illegal for women to publicly bare their breasts.

Then-Municipal Court Judge Mark Painter, now a judge on the Cincinnati-based Ohio First District Court of Appeals, presided over a case where a dancer was arrested during a "lingerie fashion show" at a nightclub for allegedly exposing her "private parts."

Painter eventually dismissed the case, ruling "a breast is not a 'private part' within the meaning of this section" of Ohio law cited in the 1990 case.

"With the Painter decision, it's not illegal for a woman to expose her breast," Welsh said.

The April arrest wasn't the first contact with police for Mason, who couldn't be reached Tuesday.

In 2001, court documents note, Mason was convicted of unauthorized use of property and placed on probation for six months, after spending 10 days in jail, for stealing library books.