When Daniel Mozer stripped his clothes and ran through a human tunnel for the sake of a finals week tradition, he wasn't planning to end up in the Centre County Courthouse.
But Mozer (junior-division of undergraduate studies) -- one of seven Penn State students charged with open lewdness and disorderly conduct following the annual Mifflin Streak in May -- found himself fully clothed and facing Centre County District Judge Allen Sinclair on Wednesday, hoping his indiscretion wouldn't earn him a criminal record.
"The entire time I was in the courtroom I was completely nervous," he said. "I had little to no hope that my charges will be dropped."
However, Mozer's open lewdness and disorderly conduct charges were dropped, in part because the prosecution couldn't prove
his actions were qualified as "lewd," Mozer said.
Unlike Mifflin Streak participant Jeffrey Gesner, Class of 2008, who applied for acceptance into the Accelerated Rehabilitative Disposition (ARD) in exchange for expunging his record, Mozer chose to take his charges to trial.
"I fought it because it's pretty much just a matter of misinterpreting the law," he said. "It wasn't lewd to be running for two seconds naked."
In Pennsylvania law, open lewdness is defined as "any lewd act which [the offender] knows is likely to be observed by others who would be affronted or alarmed," according to caselaw.lp.findlaw.com.
Stacy Parks Miller, who represents Mozer, did not return requests for comment by press time yesterday. Centre County District Attorney Michael Madeira also could not be reached by press time yesterday.
Another student accused of participating in the streak, Elizabeth Burke (junior-liberal arts), is also planning to contest her charges of open lewdness and disorderly conduct. She told The Daily Collegian in June because the onlookers were on Mifflin Road for the express purpose of watching the streak, no one was affronted by her nudity.
Burke, also represented by Parks Miller, wrote in an e-mail she doesn't think the judge's decision regarding Mozer's case will affect her case.
Mozer, a good friend of Burke's, said the dismissal of his charges was a relief.
"It was just a weight lifted off my shoulders," he said. "This was just encompassing my entire summer."
However, Mozer said the Centre County District Attorney's Office may not be finished with him yet.
"Any time we have a charge dismissed, the department evaluates with the DA's office whether to refile the charges," Penn State Police Lt. Bill Moerschbacher said.
Moerschbacher is unsure how Mozer's case will affect how police handle future Mifflin Streaks, he said.
"It's probably pretty early for us to be saying whether we'll change what we do or not," he said.
As for Mozer, the experience has taught him a lesson, he said.
"The Mifflin Streak was very fun but with all the things that have happened I would never do it again," he said.
And as for the future?
"Students will find a way to run naked through campus for a tradition," he said, "but I will not be one of them."
