Jury bares verdict: Naked bicyclist guilty

2011-05-04T09:45:00Z Jury bares verdict: Naked bicyclist guiltyBy EMILY GILLESPIE, CORVALLIS GAZETTE-TIMES Corvallis Gazette Times

A six-person jury convicted a Corvallis man of three counts of public indecency Tuesday for riding his bike naked through Starker Arts Park last September.

David Owen Lamb, 65, told arresting officers at the time that he found riding without clothes "exciting" and hoped others also would find it exciting.

But during his trial, Lamb, who served as his own legal representative, argued that he did not have the intent to sexually arouse anyone or himself in the area of the park and along the bike path.

"(The police) pretended that nudity was public indecency," he said. "They pretended that I said I got sexually excited."

The woman who called police to report a nude man on a bicycle, Peggy Sue Kalmar, said that the reason she called was because "I live in the area, and I have two small kids."

Several other witnesses testified during Tuesday's trial about seeing Lamb riding his bike naked through the park Sept. 19, near Southwest Country Club Drive and along the bike path, wearing only a hat and backpack.

Among the witnesses was Benton County Sheriff Diana Simpson, who had been running along the bike path with her husband, Bret Godfrey.

Lamb asked Simpson whether she understood the charges. She said that she did. He then asked her what she saw.

"I saw you on a bike, naked," she answered.

Deputy District Attorney Karen Stanley argued that Lamb's actions fall under the crime of public indecency, based on statements Lamb made to Corvallis Police Sgt. Joel Goodwin about 3 p.m. on the day of his arrest.

"He told me he enjoyed riding his bicycle in the nude," Goodwin said, adding that Lamb was also wearing a shirt at the time he spoke to the officer. "I asked him if he found that it turned him on, so to speak. ... He said that it was a sexual feeling of excitement."

Under Oregon law, public indecency is defined as "an act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person." It is a class A misdemeanor.

Goodwin testified that if Lamb had been protesting something, his nudity might not have been seen as public indecency.

"For example, in Portland, protesters have disrobed in front of fur stores," Goodwin said. "He didn't make any statements to me such as a protest or expression of speech."

The jury of four men and two women deliberated for about 10 minutes and then returned a guilty verdict.

Circuit Court Judge David Connell sentenced Lamb to 20 days in jail and imposed a $1,806 fine.

 

 

Copyright 2015 Corvallis Gazette Times. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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