May 30--The defendant testified he wanted to avoid making a scene when he removed a sex toy from his pants at a Dunmore fast-food restaurant.
A Lackawanna County Court jury found Isaac Kieselowsky's motives were not so benign.
Jurors deliberated less than a half hour Tuesday before convicting the 30-year-old Scranton man of open lewdness for simulating masturbation with the phallus-shaped instrument at Burger King on North Blakely Street on Oct. 23.
According to testimony, police were summoned to the restaurant after a Dunmore man, Gabriel Rivera, spotted Mr. Kieselowsky slapping the toy against his leg while seated at a table within view of two 13-year-old girls, including Mr. Rivera's daughter. Mr. Rivera acknowledged punching and shoving Mr. Kieselowsky in the confrontation that followed.
In returning the guilty verdict, the jury rejected Mr. Kieselowsky's contention that he removed the sex toy from his pants because he felt it slipping down his leg and did not want it to fall to the floor of the restaurant and "make a scene." He told jurors he wore the toy in his pants because of feelings of inadequacy.
"I did not take it out to show anyone," Mr. Kieselowsky said. "I took it out to put into my pocket."
Mr. Kieselowsky's attorney, Assistant Public Defender Melissa Sulima, tried to show Dunmore police botched the investigation by failing to confiscate the sex toy. Mr. Kieselowsky was allowed to take it home after the incident, and it was not entered into evidence at the trial.
Dunmore police Sgt. Richard Barth testified the toy was lying on the hood of a Throop police car when he arrived at Burger King. Throop responded initially because Dunmore officers were tied up on other calls.
"No disrespect to your client, ma'am," Sgt. Barth told Ms. Sulima, "but I didn't want to touch it."
Police Capt. William Springer testified he told Mr. Kieselowsky he could do whatever he wanted with the toy.
"That's nasty stuff," Capt. Springer said. "I don't know where that (toy) was."
In her closing argument, Ms. Sulima said Mr. Kieselowsky's wearing of the sex toy in his pants was no different than a woman wearing a push-up bra to make her breasts appear larger or a bald person wearing a wig.
Assistant District Attorney Michael Goffer appealed to jurors to use their common sense, asking why someone would bring a sex toy into a Burger King restaurant.
"This is not a college prank. ... This guy knew what he was doing," Mr. Goffer said.
Judge Vito Geroulo allowed Mr. Kieselowsky to remain free pending sentencing but advised the defendant to voluntarily seek treatment in the interim. The charge, a third-degree misdemeanor, carries a maximum sentence of a year in jail, Mr. Goffer said.
Contact the writer: dsingleton@ timesshamrock.com
Copyright 2012 - The Times-Tribune, Scranton, Pa.
