Suffolk County District Attorney Raymond A. Tierney today announced that Lawrence Gartner, 68, of Patchogue, was arraigned on public lewdness charges after he allegedly exposed his genitals through his apartment window and masturbated while children were being released from a preschool across the street on March 18, 2024.
“This is yet another disturbing case where so-called ‘bail reform’ has failed our community. After allegedly exposing himself and masturbating in front of preschool-aged children, police were required to give him an appearance ticket and my prosecutors could not even ask for bail,” said District Attorney Tierney. “The so called ‘reforms’ related to bail must be re-evaluated and modified by the New York State legislature so that defendants who pose a danger to public safety aren’t immediately released right back onto the street.”
According to the investigation, on March 18, 2024, Gartner allegedly exposed his genitals and masturbated in front of his apartment window as children were being dismissed from the preschool, which is located directly across the street from his apartment.
Children who attend the preschool program range in age from three to five years old. Gartner was arrested by members of the Suffolk County Police Department the next day, but due to 2019 “bail reform,” the Suffolk County Police Department was required to mandatorily release him on a Appearance Ticket, to be arraigned weeks later.
On April 8, 2024, Gartner was arraigned before District Court Judge Susan A. Berland for Public Lewdness in the First Degree, a Class A misdemeanor, and Public Lewdness, a Class B misdemeanor. Both charges Gartner faces are considered non-bail eligible under current New York State law, meaning that prosecutors could not ask for bail, nor could a judge set bail at the time of arraignment.
Judge Berland ordered Gartner released on his own recognizance, and adjourned the case until this Thursday, April 11, 2024, before Acting County Court Judge Pierce F. Cohalan, to determine whether Gartner should be placed on supervised release during the pendency of the case. Gartner is being represented by Denise E. Shanley, Esq.
This case is being prosecuted by Assistant District Attorney Rachel Kerremans of the Intake and Discovery Compliance Bureau, and the investigation was conducted by Sergeant Michael Gilistro of the Suffolk County Police Department’s Fifth Precinct.
Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.