MA- Police forced to drop a lewdness charge against sex offender

3-20-2009 Massachusetts:

SALEM — Prosecutors were forced yesterday to drop a lewdness charge against a registered sex offender allegedly found urinating and drinking in a playground last November.

William Rivera, 50, was arrested on the day before Thanksgiving, after police got a call from someone who saw him in the Broad Street playground, which is near Collins Middle School. There were children in the area because school was letting out early that day.

A witness told police that Rivera was urinating, and police said they found him drinking. He was arrested.

Rivera was homeless but registered with Salem police for a 1997 conviction in Florida, where he was charged with lewd and lascivious conduct with a child under 16.

Salem District Court Judge Richard Mori dismissed the case yesterday, because the witness didn't see William Rivera's genitals, a required element for the lewdness charge. The judge dismissed the case without prejudice, meaning it can be reopened if another witness comes forward.

Rivera has been held at Middleton Jail for the past four months, unable to post the $1,000 bail set in his case.

Rivera did plead guilty to public drinking. The charge was filed. It typically carries a $50 fine. ..News Source.. by Julie Manganis, Staff writer