Talk about cunning linguists!
Two curvy lap dancers are trying to wiggle out of prostitution charges on a tiny but important grammatical technicality — prosecutors accidentally used the word “and” instead of “or” in writing up the charges.
The one- word difference is enough to toss the case com pletely, argue porn star Alexia Moore and co-de fendant topless dancer Falynn Rodriguez — who are both on trial for mis demeanor prostitu tion. A Manhattan judge promises today to unravel the tricky semantic gaffe, which yesterday brought the unusual and barely-begun trial to a skidding halt.
Instead of finishing opening statements, lawyers for the two shapely entertainers wound up schooling prosecutors on the difference between the conjunctive and the disjunctive in legal writing.
The purportedly glitchy grammar in the charges against the pair alleges that they “did engage, offer and agree” to acts of prostitution with an undercover officer at Big Daddy Lou’s Hot Lap Dance Club on West 38th Street in July 2008.
That differs from the wording in the state penal code, which specifies “engage, offer or agree,” the gals argue.
In fact, nobody has ever accused the two of engaging in actual sex with the cop — only of offering the cop a never-consummated threesome for $5,000. By using the words “and,” prosecutors lock themselves into proving that sex actually happened, defense lawyers insist.
“Things have to be done correctly,” said Rodriguez’s attorney Adam Moser. “They have to prove each element of the charge.”
“Hey, listen,” agreed Moore lawyer Salvatore Strazzullo. “We live in America, right?”
The impromptu stripper tutorial left trial prosecutors Tami Alpert and Daryl Reed scrambling for case law to prove the error doesn’t kill the case, and that they could instead merely correct the wording.
Manhattan Criminal Court Judge ShawnDya Simpson said she will research the matter and render a decision at 11 this morning.
The case was unusual even before this apparent snafu. Virtually all misdemeanor prostitution cases “go away” on simple no-jail pleas to disorderly conduct.
But Moore and Rodriguez insist that they’re not that kind of stripper, and they are risking as much as a 90-day jail sentence to go to trial so they can clear their names.
Prosecutors have already offered a no-jail deal — but only if they incriminate their former boss, Louis Posner, the strippers say.
Asked yesterday if he hired his dancers based on their grammatical skills, Posner broke into a belly-laugh and declined comment.