Commonwealth v. Sullivan

During the summer of 1997, the defendant frequently drove his car to Snow’s Pond in Ware, Hampshire County, disrobed and masturbated while looking at magazines he retrieved from the car’s trunk. Sometimes he carried on that activity under the gaze of young boys who happened to be in the area fishing, riding bicycles, or just playing. When his behavior was brought to the attention of police, the defendant *776was arrested and charged with a variety of offenses.1 Following a jury-waived trial, he was convicted of three counts of open and gross lewdness, see G. L. c. 272, § 16, and two counts of…