Inmate found guilty in masturbation trial
By ROBERTO SANTIAGO AND JENNIFER LEBOVICH


(7/25/07) A Broward prisoner accused of committing a sex act while he was alone in his jail cell was found guilty Tuesday of indecent exposure.

Terry Lee Alexander, 20, unsuccessfully fought the charge, which had been brought by a female Broward Sheriff's Office detention deputy who saw him perform the sex act in his cell in November.

In reaching the guilty verdict, jurors found that an inmate's jail cell is ''a limited access public place'' where exposing oneself is against the law.

The judge sentenced Alexander, of Lauderdale Lakes, to 60 days in jail, on top of the 10-year sentence he is currently serving for armed robbery.

The sole witness in the case, BSO Deputy Coryus Veal, testified that Alexander did not try to hide what he was doing as most prisoners do. Veal saw him perform the act while she was working in a glass-enclosed master control room, 100 feetfrom Alexander's cell. There was no video tape or other witnesses.

Alexander's attorney argued that the prison cell was a private place and that what Alexander was doing was perfectly normal.

''Did other inmates start masturbating because of Mr. Alexander?'' McHugh asked Veal. ``Did you call a SWAT team?''

''I wish I had,'' Veal answered.

Veal, who has charged seven other inmates with the same offense, insisted that she was not against the act itself -- just the fact that Alexander was so blatant about it. Most inmates, she testified, do it in bed, under the blankets.

Veal said this was the third time she caught Alexander, and she had had enough.

In the end, it took a jury of four men and two women only 45 minutes to find Alexander guilty. Broward County Judge Fred Berman sentenced Alexander to 60 days in jail.

''It was pretty straightforward,'' said juror David Sherman. ``The prosecution's case was clear, and the defense did not dispute any of the major elements.''

Sherman said jurors determined that a prison cell, which is owned and operated by the government, is neither public nor private but is a ``limited access public place.''

He also said that none of the jurors had a problem with the sex act, per se.

The case drew snickers in the courtroom, especially during jury selection, when prospective jurors were quizzed about their own habits.

Defense attorney Kathleen McHugh faced 17 prospective jurors and asked point-blank who among them had never done that particular sex act.

No hands went up.

While most prisons deal with such an offense internally, Broward Sheriff Ken Jenne -- and Miami-Dade Corrections officials -- are hoping to curb the practice among inmates by prosecuting them.

Janelle Hall, a spokeswoman for Miami-Dade Corrections, said that while no charges have been brought against inmates, the department is working with State Attorney Katherine Fernandez Rundle's office to discuss prosecution of such ''egregious'' cases in the jail.

''It has been a hot topic so to speak in our department,'' Hall said. ``In those cases that are egregious, where there is some sort of intent to deliberately expose themselves, those cases will be reviewed further in the courts.''

A spokesman for Broward State Attorney Michael Satz said prosecution is warranted when an inmate exposes himself in plain view of the detention staff or others.

''Female detention deputies are human beings, too. Why should they have to view such vulgar and indecent behavior in their place of work?'' said Satz spokesman Ron Ishoy.

Prosecutors filed charges in all seven of Veal's other cases, Ishoy said, but later dropped the charges in one of those cases to allow the defendant to begin his sentence in the state prison system on a more serious, unrelated charge.

Four of the defendants pleaded guilty to the charge of exposure and were sentenced to time served. Charges against two inmates are pending.

The state attorney's office did not have the number of cases involving inmates charged with indecent exposure in BSO jails.

And there was no information on whether similar charges had been brought against female inmates.

''When an inmate exposes [himself], it's up to the deputy's discretion how to handle it,'' said Elliot Cohen, a BSO spokesman. ``It can be a verbal reprimand to the filing of criminal charges.''

Teri Barbera, a spokeswoman for the Palm Beach County Sheriff's Office, said jail inmates there are written up for violating jail rules and subject to internal punishment ranging from loss of visitation privileges to solitary confinement.

Barbera said she is not aware of any cases where criminal charges have been brought against an inmate.

She could see this from 100 feet away. At least she didn't say it was no big deal.

can't help but think of that scene in The Silence of the Lambs