from www.nypost.com – Two curvy lap dancers hope to wiggle out of prostitution charges on a tiny, but important technicality — Manhattan prosecutors accidentally used the word “and” instead of “or” in writing up the charges.
The grammatical glitch has slammed the brakes on the unusual and barely-begun misdemeanor trial of porn star Alexia Moore [pictured, left] and co-defendant topless dancer Falynn Rodriguez.
Rather than finishing opening statements this afternoon, the two shapely entertainers are schooling prosecutors on the difference between the conjunctive and the disjunctive in legal writing — and demanding the charges be dismissed.
The document in question charges that the pair did “engage, offer and agree” to acts of prostitution with an undercover officer at Big Daddy Lou’s Hot Lap Dance Club on West 38th St. in July, 2008.
But the wording in the state penal code specifies “or,” not “and.” In fact, nobody has ever accused the two of actually engaging in sex with the cop — only of offering the cop a threesome for $5,000.
“Things have to be done correctly,” said Rodriguez attorney Adam Moser. “They have to prove each element of the charge.”
“Hey listen,” agreed Moore lawyer Salvatore Strazzullo. “We live in America, right?”
The case was unusual even before the gals got all disjunctive on prosecutors. Virtually all misdemeanor prostitution cases “go away” on simple no-jail pleas to disorderly conduct. But Moore and Rodriguez insist that they’re not THAT kind of stripper, they are risking an up to 90-day jail sentence to go to trial so they can clear their names.
Manhattan Criminal Court Judge ShawnDya Simpson said she will research the matter and render a decision tomorrow morning.