Connecticut was the scene of a bizarre physical demonstration in a criminal case where Desmond James, 26, was accused three counts of sexual assault. Since his accuser said that the rapist was a black man whose member was lighter than the rest of his skin, James elected to expose himself to the jury to show that he was not the man despite being picked out in a lineup by the victim. It worked. The jury acquitted him.
His lawyer Todd Bussert appeared to morph into Johnnie Cochran in declaring “If it’s not the light one, it’s not the right one.”
Witnesses said that people poured into the courtroom to see the demonstration, though it appeared to take the jury by surprise.
I have only heard of one other such demonstration and that case was described to me by the counsel who said that his client was “inspected” by the bailiff in the judge’s chambers. The bailiff was then questioned on the stand in front of the jury as to the distinguishing characteristics.
The decision however left James with having to serve 65 years under another conviction for breaking into a house and raping a 10-year-old girl.