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<p>A state appellate court upheld a tow truck driver&#8217;s conviction for exposing himself to two females while working on a disabled vehicle.</p><p>Scott Teixeira, 34, of Hanover Township, was convicted by a Luzerne County jury in January 2018 on charges of indecent assault, open lewdness and disorderly conduct that were filed by Kingston police in June 2016.</p><p>Judge David W. Lupas, who presided over the one-day trial, sentenced Teixeira to 30 months probation.</p><p>Court records say Teixeira, working for Falzone&#8217;s Towing, was dispatched to North Dawes Avenue to service a vehicle that became disabled. While working on the vehicle, two women told police Teixeira exposed his genitals.</p><p>Teixeira appealed his conviction claiming the weight of the evidence presented during the trial did not support the verdict and a juror was permitted to continue to serve on the jury despite knowing a prosecution witness.</p><p>A three-member panel of the Superior Court in a 13-page opinion upheld Teixeira&#8217;s conviction.</p><p>The appellate court ruled the two females testified during Teixeira&#8217;s trial and both said he removed his shirt and &#8220;completely&#8221; exposed himself to them as they sat on a sidewalk. One of the women owned the vehicle.</p><p>&#8220;&#8230;the evidence presented was sufficient to prove that (Teixeira) purposely exposed his genitals to the two women&#8230;with the purpose of alarming the victims,&#8221; the Superior Court ruled.</p><p>The appellate court ruled Lupas correctly quizzed the juror about knowing a prosecution witness.</p><p>When Lupas asked the juror about knowing the witness, the juror said she knew the witness in high school but were never friends.</p><p>&#8220;I don&#8217;t personally know her, but we went to high school together. I&#8217;ve never spoken to her, though. The question was if we were friends. I&#8217;ve never spoken a word to her,&#8221; the juror told Lupas.</p><p>Teixeira&#8217;s trial lawyer, John Sobota, told Lupas the juror&#8217;s explanation was &#8220;fine,&#8221; allowing the juror to continue to serve.</p><p>&#8220;(Teixeira&#8217;s) claim that the juror was improperly permitted to remain on the jury despite objection from counsel is belied by the record. Because (Teixeira) failed to make a timely and specific objection at trial, the issue is not preserved for appellate review,&#8221; the Superior Court noted.</p><style>
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<div class="metaInfo"><bylineMeta><p>By Ed Lewis</p><p>elewis@www.timesleader.com</p></bylineMeta></div>

Tow truck driver’s exposure conviction upheld on appeal