NEW YORK, NEW YORK – A subway pervert who became a poster boy for law enforcement’s inability to keep underground “grinders” in jail may get off clean because prosecutors aren’t ready to pull the trigger on a trial.
Jason Mack’s lawyer, Michael Alperstein, moved Tuesday for the case against the notorious frotteur to be dismissed because it had run passed the 60 days permitted to bring a case to trial under the state’s “speedy trial” law.
In 2002, the 300-pound Mack rubbed against a 14-year-old girl in a packed downtown 1 train, leaving a stain on her jeans and jacket, authorities said. In 2006, he struck again, prosecutors said.
Mack wasn’t charged until 2008 — when DNA matched him to the earlier attacks. But Mack’s date with justice has been delayed as courts consider whether grinding, as the perverted practice is known, constitutes a felony.
In March, the New York’s Court of Appeals ruled that the city maintenance worker’s brazen onanism did not involve force.
Since then, prosecutors have been scrambling to prepare an appeal, and it looks as if their time is up.
“It was over-indicted and it was a stupid appeal,” said Michael Alperstein, Mack’s lawyer. “It was never forcible. There was no basis from the beginning.”
“The clock ran out months ago. I want this case dismissed,” he added.
If dismissed, Mack would not be convicted despite having admitted that he did the dastardly deed. More important, he also would not have to register as a sex offender — his top priority.
“The only thing he’s fighting is the registry. It ruins your life,” Alperstein said.
Prosecutors were expected to issue a response to the motion to dismiss the case in coming days.
Alperstein also revealed that District Attorney Cyrus Vance, Jr. has offered to let Mack plead guilty with time served. He has already served more than 180 days behind bars waiting for his appeal.
Currently, Mack works as a maintenance man for the Department of Citywide Administrative Services.
“I think I was drunk,” said about the two grinding encounters. He said that if he could say anything to the women, he would say, “I’m sorry and I apologize.”
“I want the judge to dismiss the case because I don’t do that no more. It’s over.”