Texas A&M wide receiver Kirk Merritt has a unique reason for exposing himself to a pair of female students: a bad case of jock itch. At least that’s the story Merritt’s attorney, Rick Davis, told to the Houston Chronicle on Friday.
Merritt pleaded not guilty to two charges of indecent exposure from last fall. Here’s how the Chronicle summarized the charges:
In one count, an alleged victim accused Merritt of exposing and touching himself “while sitting in arm’s reach” of her “on or about” Oct. 24. About a day later according to a court document, another alleged victim claimed Merritt pulled down his shorts and held himself also “while sitting in arm’s reach” of her. The document describes both alleged victims as “offended or alarmed by the act of exposure.”
And here’s how Davis summarized Merritt’s defense:
“While Kirk is very embarrassed about this situation, and has apologized to the two tutors that he offended, he did not intend to gratify anyone by exposing himself.
“The fact is that Kirk had a bad case of jock itch. The statute Kirk has been accused of violating requires that the Defendant have an intent to arouse or gratify the sexual desire of any person and that the Defendant is reckless about whether another may be present who will be offended or alarmed by his conduct.
“We think that Kirk’s conduct falls squarely under the Disorderly Conduct statute … That statute requires only that a Defendant is reckless about whether another may be present who will be offended or alarmed by his act.”
Jock itch — even a “bad case” of it as Davis claims — is a ridiculous excuse for many reasons. The fungal infection affects the best and the worst humankind, but this is the first I’m hearing of someone whipping it out in public just to relieve their discomfort.
If the legal system buys the jock itch excuse, it could lower Merritt’s charges from a Class B misdemeanor (indecent exposure) to a Class C misdemeanor (disorderly conduct).
Whether or not the courts buy it, Merritt will not participate in Texas A&M’s spring game on Saturday.
