He admits he masturbated on a crowded 1-train in 2002 — and that “some of it got on” a 14-year-old girl.
But 250-pound accused subway “grinder” Jason Mack — whose 2009 felony indictment was reduced to a misdemeanor in a precedent-setting appeal — is hoping now to win a total dismissal because prosecutors are still not ready for trial.
“You know, the train be crowded — it was rush hour — and the lady bumped me,” the giant jerker told a reporter after a brief Manhattan Supreme Court hearing, at which prosecutors said they were not ready and the defense filed papers asking that the case therefore be dropped.
“I know my DNA came on her,” Mack added. “I apologize for that. That won’t happen no more. I won’t do that again,” he said, explaining that he’d been drinking at the time.
Although the disgusting crime occurred back in 2002, the stains from the victim’s jeans were not successfully matched to Mack until 2009, when he was charged with felony sex abuse.
Mack then became a test case for subway perversion after his lawyers successfully argued all the way to the highest court in the state that mere masturbation — even in close proximity — was not technically an act of physical force against a victim, and therefore can only be charged as a misdemeanor.
Mack’s reduced, misdemeanor charges should now be dropped because the DA has had since the final April Court of Appeals decision to bring the case to trial, says his lawyer, Michael Alperstein. Prosecutors are expected to contend that they have not blown any deadline because the delay has been caused by unavoidable evidence testing issues.
Mack had already served about a year in jail awaiting trial when it was still a felony, and could only ever be sentenced to 180 days for the misdemeanor in any event, his lawyer said. But dismissing the charges would keep him off the sex offender registry, the lawyer said.
Manhattan Supreme Court Justice Renee White said she will decide on the proposed dismissal on Oct. 30.
Mack, meanwhile, has been working maintenance as a “work experience intern” for the city Department of Citywide Administrative Services. “I got me a job,” he told a reporter proudly.