Man Acquitted on All Charges: His Penis Didn’t Match the Description

A criminal -or accused criminal- will do nearly anything to prove their innocence, or at least create enough doubt in a jury’s mind to reduce or eliminate their time behind bars. We see it all too often here in the true crime community.

Desmond James from Connecticut faced three counts of rape in 2014 after a sexual assault victim identified him as her attacker in an incident two years earlier after seeing his photograph on the news.

James had been charged with home invasion and sexually assaulting a 10-year-old child.

The accuser described her attacker as a “black man whose penis was lighter than the rest of his body.”

Three years passed before James’ trial began, giving attorneys time to concoct quite a unique defense strategy.

James knew his penis was the same shade of brown as the rest of his body. His penis didn’t match the description the victim provided, and soon, his defense attorney, Todd Bussert, used that fact to his client’s advantage, saying it was “The only real viable option.”

Photos Won’t Work; James Shows Penis to Jury

James’ defense team put together a series of photographs of their client’s nether region planning to show them to the judge and jury during the trial. After flash issues concerned the team, and “given the color was the issue,” lawyers decided their client should put on a show, and provide evidence in the flesh.

Judge Elpedio Vitale, who presided over the case, granted the request to show James’ penis in court, stating it was his Sixth Amendment right to defend himself.

Bussert commented on the judge’s decision to allow James to expose his penis in court.

“He was, I think, very uncomfortable with the whole idea. We explained to him why we thought it advanced the defense’s case. It was probably the strongest piece of evidence that we could offer. The whole claim was so specific and so unusual -there wasn’t a lot of ambiguity about it- we thought, well if we can refute that, we can obviously persuade the jury.”

The judge warned the jury before James approached the jury box where the six-person jury and two alternates sat, explaining they were about to see “sensitive” evidence. They did not realize how sensitive this would be! It was done and over within a few seconds, James’ lawyer saying “The court didn't want to make it a huge thing… It’s humiliating, ultimately.”

Prosecutors Argue Reasons for a Change in James’ Penis Color

Prosecutors argued the change in James’ penis could be the result of “changing his pubic hair since 2012” or that “lighting” could affect the color of his penis at the time of the attack.

"You saw the defendant's penis. What was that?!"Prosecutor Stacey Miranda told the jury, according to the New York Post. "It is six years later. Do we have any idea of what she may have been seeing that night? What his manscaping was like at the time? What light was shining on it?"

Verdict

Jurors reacted differently to James’ revealing his penis. Some looked away, others seemed shocked, but all managed to hold it together and rule on the charges against James.

He was ultimately found not guilty on all three counts of first-degree sexual assault.

Many people felt the jury's verdict allowed James to walk away scot-free on rape charges. James was later convicted of both of the charges that led the rape victim to see him on TV in the first place. James was sentenced to 65 years behind bars.

James is incarcerated at the Clinton Correctional Institution, where he will remain until 2080.

Sources:

https://www.myrecordjournal.com/news/policecourts/10033567-154/waterbury-man-sentenced-to-65-years-in-prison-for-sexually.html?fb_comment_id=1041833302589988_1041947302578588