By Marjorie Nesin
---- — SALEM — The Level 3 sex offender now charged with open and gross lewdness and lascivious behavior for exposing his genitals to a 12-year-old girl a year ago at his then-Gloucester home is asking Salem Superior Court for information pertaining to the girl’s mental health records and criminal history, and is asking that his own interview with Gloucester police be stricken from the case evidence.
Starr H. Lloyd III, a 44-year-old Manchester native, and his attorney, Rosalyn Stults, requested the alleged victim’s mental health records both through a mental health records disclosure filing and through a disclosure of evidence motion. Stults reasoned that the motions should be approved because the girl’s therapist could be used as a witness and because Department of Children & Families (DCF) reports show that the 12-year-old had alleged “inappropriate behavior” and abuse by elder relatives in the past.
A judge will decide on March 13, whether the state must present the girl’s mental history information to Stults and Lloyd. In January, the judge denied a separate request for the girl’s counseling and treatment history that Stults had filed in December.
Lloyd was charged in February of last year, after he was reportedly wearing a long nightshirt and worn boxer shorts and “positioned his body in such a way that ‘his privates’ would be exposed,” to the 12-year-old girl sitting across the room at his home, according to court documents. The girl left the area then returned, and Lloyd repositioned, exposing himself again, according to documents.
Lloyd and the visiting girl had reportedly spent the day playing checkers and video games. The girl’s mother, learning about the alleged exposure the following day, reported the girl’s story to police.
Stults and Lloyd will also learn at the March 13 hearing whether they can expect to be furnished with a list of the state’s witnesses and their criminal histories and the criminal history of the 12-year-old girl and her mother that the pair requested in a Jan. 10 motion filing.
The judge in January granted a December motion Stults filed on Lloyd’s behalf for exculpatory evidence that included a request for details of interviews between officials and the 12-year-old — with details like what kind of food or drinks were given to the child and what kind of anatomically correct dolls might have been used during the interview. Stults had requested that information in order to search it for exculpatory information, or facts that would be beneficial to the defendant, Lloyd.
“Evidence that a witness may have been influenced to testify in a particular manner is relevant, admissible and exculpatory,” Stults wrote in the Dec. 6 request that was granted in January. “In addition, inconsistencies in various statements are relevant, admissible and exculpatory.”
Lloyd’s record includes his being arrested and charged with rape in the town of Manchester in 2009, but he pleaded not guilty in that case and the charges were eventually dropped.
In that case, records show, Stults, who also defended Lloyd in that case, alleged that the 17-year-old alleged victim fabricated a story about being forced to have sex either to avoid getting into trouble with her guardians or out of jealousy over seeing Lloyd with his girlfriend. Stults also pointed to an incident in Florida in which that same girl, then 14, allegedly became involved with a 27-year-old man.
In earlier incidents, including one in Peabody in 2002, Lloyd exposed himself and masturbated in places where girls and women could see him. In 1999 and in Burlington in 2001, Lloyd was caught driving on a highway alongside women who could see him, fully exposed and masturbating as he drove. In the Peabody incident, he drove slowly alongside an 18-year-old girl who was walking, then stopped in parking lot and waited for her to come back out of a house, Cashman told the judge.
Those crimes led to his registration as a sex offender. He is currently out on bail, but remains under home confinement through a court monitor; he has also since moved to Danvers, record shows.
In a February 2012 interview with police, Lloyd told Detective Jeremiah Nicastro that he did not know if he had revealed his genitals to the girl, but that he did not intentionally expose himself. But, the state’s retort included a statement from Detective Nicastro in which he noted that Lloyd told police he felt bad because he was informed that the girl was having nightmares because of the exposure, proving that the child was shocked or alarmed, the judge decided.
Still, Lloyd is requesting that the judge, at the March 13 motions hearing, bar prosecutors from using his interview with police as evidence against him in the case, saying that the interview is an unfair depiction of his intended responses and alleging that Detective Nicastro ordered him to stop speaking before he could finish answering questions and asked leading questions.
“Because of the way I had been ordered to stop, my answers were incomplete,” Lloyd said in an affidavit included with the motion. “Detective Nicastro asked me leading questions with multiple parts making assumptions about the alleged incident and to the degree of which I was involved with the complainant.”
Marjorie Nesin can be reached at 978-283-7000, x3451, or at firstname.lastname@example.org.