On Thursday, a judge found Mr Clarke not guilty, saying federal attorneys failed to prove that he meant to break the law. Mr Clarke's troubles began Nov. 17, 2012, when according to documents he sat in 25F, a middle seat between two women. The documents say the woman in the window seat saw the man cover his lap with a coat and "continually moving his arm under the coat." As the flight neared Salt Lake City, the woman leaned forward to put away her glasses and saw that Mr Clarke was "holding his exposed penis in his right hand." She confronted the man, who apologized. The woman reported the incident to police when the plane landed.
During an interview, Mr Clarke later told investigators he had inadvertently put peppermint oil on his genitals. He explained to police that he had a headache before the flight but didn’t believe in using medication. Instead, he applied the peppermint oil to his head in an airport bathroom. While using the bathroom, the oils got on his genitals, which began to burn and feel irritated during the flight. In response, he unbuttoned his pants and removed his genitals from his undergarments, though he told investigators he did not further remove them from the rest of his clothing. He also said he didn’t believe he had exposed himself.
The woman who sat in the aisle seat testified at the man’s trial that she saw nothing. The federal judge cited five reasons in Thursday’s ruling for declaring Mr Clarke not guilty. First, he covered himself with a jacket; second, the woman didn’t see anything until she bent over; third, he did not have an erection; fourth, the nighttime flight was dark; and fifth, he showed "no consciousness of guilt following the incident." The judge also pointed out that Mr Clarke has no criminal history. Taken together, those facts raise a reasonable doubt of his guilt, the judge concluded.
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