Lawyer's conviction for licking client's ear is upheld on appeal
A Hawaii appeals court has upheld the misdemeanor harassment conviction of a lawyer accused of licking a client’s ear.
The lawyer, Lawrence McCreery of Kauai, had argued a district court erred by convicting him without a specific finding that he acted with an intent to harass, according to the Jan. 9 opinion (PDF). The Associated Press and the Garden Island have stories.
The law governing bench trials says judges should make a general finding and, if requested, make specific factual findings requested by the parties. McCreery did not request any specific finding, the appeals court said, and the prosecutor presented sufficient evidence of an intent to harass, annoy or alarm.
The client, who was 26 at the time of the July 2011 incident, had testified that she was at McCreery’s office to pick up some papers in her child custody case when he touched her hand and told her, “You look so good, … too bad you’re married.” The woman said she laughed and said she was happily married. At that time, the woman testified, McCreery hugged her and licked the back of her ear.
McCreery had said the woman initiated the hug and he did not lick her, according to the AP story. The judge who convicted McCreery in July 2012 called the lawyer, who was 64 at the time, a “dirty old man,” the AP story says.
McCreery is still listed as an active member of the state bar. He did not immediately respond to an email requesting comment.
