Male dippers fined; woman not exposed

Male dippers fined; woman not exposed


By Diana Bowley
BDN Staff
BANGOR DAILY NEWS PHOTO BY BRIDGET BROWN
Christian Simpson (left) of Bethel, Crystal Stilwell of Bath and Bernard Beckwith of Poland stand before Judge Kevin Stitham in 13th District Court in Dover-Foxcroft on Monday, where they faced charges stemming from a naked dip into Moosehead Lake in the name of sandwich from the Black Frog Restaurant in Greenville last summer. Stitham found Stilwell not guilty in the naked dip case while Simpson and Beckwith were found guilty and each fined $200 plus a $50 court fee. Buy Photo

DOVER-FOXCROFT, Maine — Two of three friends who jumped naked into Moosehead Lake last summer for a free Skinny Dip sandwich at the Black Frog Restaurant in Greenville were found guilty of indecent exposure Monday in 13th District Court.

The court found that Bernard Beckwith, 31, of Poland and Christian Simpson, 37, of Bethel knowingly exposed their genitals in a public place under circumstances that likely caused affront or alarm to others. Each man was fined $200 plus a $50 court fee by Judge Kevin Stitham, who presided over the combined trial.

Crystal Stilwell, 25, of Bath, who had accompanied the men in the naked jump for the free sandwich, was found not guilty. All three represented themselves during the trial.

Stilwell was naked and her breasts were exposed, but to prove indecent exposure the state had to show that she knowingly exposed her genitals. It could not do that.

Although he was not in the courtroom for the trial, Piscataquis County District Attorney R. Christopher Almy said later that the Legislature should look at this issue to see if they want to continue to have disparate rulings, one for men and one for women.

The fact that Stilwell was found not guilty and that Stitham imposed a smaller fine than the $400 recommended by Assistant District Attorney Margaret Gray, pleased Beckwith.

“I guess it was somewhat of a victory,” Beckwith said after the trial.

The trio’s late afternoon naked run on Aug. 23 from a ramp connected to the Tiki Bar, an outside dining area and bar in the rear of the Black Frog Restaurant, to the water, was viewed not only by patrons of the restaurant but also by visitors to the downtown.

One of those visitors, Matthew Carniglia of Mariah, N.Y., was the state’s witness Monday during the trial. He had been riding with Warden James Babiarz of the Department of Inland Fisheries and Wildlife during Babiarz’s patrol of the lake when the incident occurred. He said Babiarz had been fueling up the warden’s boat at the Moosehead Marina when the pair heard a commotion at the nearby Black Frog Restaurant.

“I heard a commotion, people seemed to be hooting and hollering,” Carniglia recalled Monday.

Both Carniglia and Babiarz said they observed two naked males and a naked female doing a “slow jog” down a ramp near the restaurant’s outside dining area and jump into the lake. Carniglia said he noticed the woman’s breasts and her pubic area. He also testified he saw the men’s genitalia. After they had jumped into the water, the three returned to the dock, where they stopped to dry themselves with a towel. He recalled one of the men bending over and drying his feet and ankles while exposing himself. “I could literally see his anus, his testes and his penis as he was drying off,” he testified.

There were plenty of other people in the village area, including a wedding party, at the time of the jump, according to both Carniglia and Babiarz. Babiarz said a couple who were picnicking near the steamship Katahdin’s docking area were clearly aghast at the nudity. The warden said he picked up his binoculars and focused on the men’s heads to identify their facial features and called Greenville Police Department.

Greenville police Officer Mathew Guilfoyl responded to the scene and charged the trio.

A witness for the trio, Sara Holman, a waitress at the restaurant, said she personally went to each table inside and outside and asked if anyone would be offended if the naked jump occurred. She also noted that when the officer summoned the trio, a patron went around collecting money. Holman said none of the patrons was offended; in fact, they were cheering and laughing.

“We are talking about downtown, small-town Maine,” Gray, the assistant district attorney, said in her closing statement. “This event did not occur in a vacuum. ... This happened in a public place with a lot of people around.”

Simpson said that “we certainly meant no harm to anyone.” He said the sandwich was advertised with no disclaimer.

There is a disclaimer of sorts now, however. When Greenville selectmen voted not to renew restaurant owner Leigh Turner’s liquor license because of the nudity promoted at the restaurant, Turner said he would remove the free offering for a naked jump and is now appealing the board’s denial of his renewal.

The Skinny Dip sandwich on the new menu now states: “We used to offer this for free if you skinny dip, but the selectmen objected so don’t blame us, proving there’s no such thing as a free lunch.”

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70 comments on this item

Our public servants have shown us right from wrong again.Its great to see that they have screwed up another fun time for us once again.IM not for public nudity but this is not three perverts exposing themselves and we all know that .There was no harm done and no one complained so lets not get so up tight over a fun lovin trio getting a kick out of life.With so much to worry about in this lifetime its a shame it turned out sad.If id been arrested for every time Ive gone over the line to have a couple of laughs the State of Maine would have to give me 30 years in the electic chair.Oh well im 61 years old now and still have been on the edge of the water a few times latley.

The selectmen should take careful consideration of the effects of their actions. Revoking this business's liquor license could lead to a significant loss in commerce. Perhaps it will lead to the closure of a popular restaurant, I would think it is important to the tourism in the area. How many people are employed by this business? Is this an instance of egotistical officials flexing their muscles? If the owner agrees to remove the naked sandwich offer there should be no further issue. Way to big deal it Greenville.

allin46, If we don't do something about this now, we'll have naked people running around everywhere!!!!!

I think public nudity would go along way in this state to shed light on obesity. The next time you go to a Chinese buffet take a good look around, and ask your self how many of them you would really like to see naked. On a real note..Who really really cares about these people? Do I give a rats ass that these people jump nude into a lake for a burger? NO...Would I care if my children saw them do it...NO....It would be a perfect oppurtunity to explain the Darwin's therory to them..shedding light on simpletons is usually a great form of family fun. Usually the people that scream the loudest about nudity are the ones that wear the most clothes....and for good reason. So in closing...The Next time you tell Hop Sing you need more duck sauce...turn and take a gander at your ass and ask yourself if you could get it free by letting your hams flap free in the breeze....do you really need it?

Hey allin46, it's aginst the law!!! These people were not stupid and understood what they were doing. That's what put the fun in it. The threat of getting caught. If you're gong to do htis crap you should expect th consequences. Don't be so damn foolish.

RussHermon I like your style. I couldn't have said it better. Neither could my speech writers. Well played!

Some people don't have much of a life if the worst thing they have ever seen is 3 people jumping into the lake for a skinny dip!

Come on, give me a break!!!! They got naked and jumped in the lake for a sandwich, big freaking deal. Hey MrNixxon, you have never done ANYTHING that was against the law??? Did this hurt any one? The ones that say they were "offended" by this act are just like the select men in Greenville, they think they are better then everyone and that they have the right to say what the rest of the people should do, not do, read, what not to read, etc. If you don't like it, don't look, if you don't like it, don't read it.................. if you were at the restaurant at the time and they asked if you would be offended and you were the only person that said yes, they wouldn't let them do it. Get off your high and mighty horse. The world would be a better place with out people looking down on others. Grow and up!!!!!

No need to wonder boxers or briefs! Out of staters just don't understand the mainer's need to be free.

It's really too bad that this got all blown out of proportion. None of the patrons at the Black Frog objected to this, and the "Skinny Dip" sandwich was just part of the overall irreverent theme of the Frog. More BS from the PC crowd that says my morals are your morals, or else. What next? Replace the Black Frog with another candle or gourmet food shop in order to make Greenville more tourist friendly?

genitals and boobs and pubic areas oh my!

Leave it to some New York pervert to notice all the male exposed genitalia. I wonder who paid it's travel expense to come to court.

Give me a break! Three people took there clothes off in public. They talk about erectile dysfunction, female genitalia (douche), pregnancy, diarrhea, constipation, and other ailments on television. What’s the big deal? How many people live in Greenville anyway? Talk about in the middle of nowhere.

Russ...great comments....Focus, we won't have to worry about this kind of terrible obscenity for a while...the natural cure is winte!

???.."winter"...don't you just hate finding your own typos!

This is exactly the type of hard-hitting, investigative reporting the BDN excels at.

"PabMainer" we are all human.. *************DON'T FORGET TO VOTE************

This is another case were men in the Stae of Maine get it stuck to them and the women get off. Just because the lady didn't have anything hanging down in the lower area between her legs doesn't mean that she was not just as naked. She was naked down there to and if the 2 males were found guilty so should she have been.

Pathetic, I'd tell the DA and the Judge my payment for the fine can be picked up where the sun don't shine. No such thing as a free lunch or fun in this state.

First tourists complain about the Interstate numbering, so to please THEM I95 gets renumbered. A tourist who does not even live in the area or state complains about nude people having fun, the State again sides with them and comes to their poor rescue. Give me a break.

I moved up to Maine from NYC about 20 years ago and i remember one of the coolest things i had experianced when first arriving here was the natural beauty of the place. People were laid back and carefree and enjoying the freedoms for which this country stands for. This was illustrated for me when i was hiking in western Maine and stopped by a pristine waterfall that emptied into a crystal clear pool. There were about 10-12 others there of various ages, including kids,but what was cool was that it was nothing for a few folks to shed their limited duds and just slip right in...if u were offended...u didnt look. There was nothing sexual about it, just jumping in to experiance an amazing natural part of nature, as naturally as we were meant to. They simply got dressed and went on hiking. Now Mainers...isnt that the way life should be????

dmmayer that is the way that it was when I moved to Maine about 20 years ago to. But now the State of Maine wants to control everything that you do. We should change the state motto from "The way life should be" to No freedom in this state".

Hey MrNixxon you are correct it is against the law. What people are saying is that the lady should have been found guilty also she also was naked down there to but since she doesn't hang out she gets off the hook.

No Freedom Thats exactly what we have, you know everyone has a right and wrong opinion but no one is really right, but hey shit happens men just get stiffed alot more then woman which is mildly disturbing

Men get stiffed A LOT MORE than women. Good one! Discrimination against men is so pervasive. That's why we had to enact sex discrimination laws.

pcme, you are just so negative about the men! I didn't think her treatment should have been any different either, but thats the way it goes! Now I'm an 'older'woman, but I thought this was hilarious. What a funny way to get the day going. IAnd I really doublt the whole damn thing shocked anyone. In fact, seems to me this Carneglia guy was Really looking as he didn't miss a thing! And I'm sure the guy with the binocs, only checked out faces. Come on people, this sure beats a murder or some other really perverted thing taking place! And RussHermon, that was hilarious! And oh so true. I suspect these are the ones SO offended.

Naked coming into this world, naked going in/coming out of the water. People are FREAKED OUT about a little skin. It's all in good fun so why can't we keep it that way??

pcme, Excuse me, I meant to type women, not men that you seem to be so negative about.

Oh ! Come on Christopher Almy Really! Don't you and other officials have better things to do? Like most people have said, what little bit of fun they were having is better than going into a school and holding children hostage or breaking into peoples homes or stealing from the elderly. Lighten up this is suppose to be a free country and if you don't like it turn your head to a little nudity I wouldn't like to see it but wouldn't make a freeking big deal of it!

Better get used to it, not just in Maine but also in the rest of the country. After the Obama messiah gets in the oval office, we all will feel like running naked into the water somewhere...............

What's interesting to me is that the same type of people who complain that government has too much influence on our lives (read: conservative) seem to be the same ones to run crying to the local officials when they see any bit of nudity to impose the law. What a waste of time and resources! I guess police really don't have anything better to do...at least they are keeping us safe from genitalia!

Ya I wonder why the man would even think about going all the way to Dover from NY to testify against them. He did not have any humor in his body. This person really thought that they were doing a good thing by going to court. What a PUNK. These people that jumped into the lake werent doing it cause it was against the law they were doing it cause its funny and they can get something out of it. If they were doing it cause it is against the law then maybe they would of tried to get away, but they didnt. So all of you that thought this was wrong I take it you have never been in a steam bathhouse before. You all must be want a be politicians or fat. Better not look in the mirror next time you go to the bathroom. you might have to arrest yourself.haha

Just unbelievable. I can't believe there are no better things for the courts to do! The people who were offended should have turned their heads not focused their binoculars for a closer look!

So much for equal treatment under the law. Just more crap we've been fed all our lives. In Maine, we're free to do whatever the state says. Be damned with the Constitution. Don't these public officials take an oath to uphold and defend the Constitution? Seems like they're the worst violators. By the way, is the ACLU comatose in this state?

If any of these 3 need to look for a job, do they have to give details of this misdemeanor on their job application?

To pcme2000 and other posters who complain that men got the short end of this stick: actually, this is a textbook example of androcentricity (male-centeredness) in the law. The laws could have been written in such a way that female nudity could be prosecuted the same as male nudity, but the men (I'm going to go ahead and assume it was just men who wrote the law, but I'd be delighted to be proven wrong) who wrote the law apparently never even took the physical differences (internal vs. external genitalia) between men and women into account. So this is one of the few cases where discrimination against women in the law just happened to work in a woman's favor.

Actually, almost the same exact scenario occurred in Orono a few years ago with male and female streakers down Mill St., with the same legal result. Townships with public nudity laws on the books would be advised to check the wording if they are concerned about an epidemic of streaking or skinny dipping females rushing to take advantage of this legal loophole, but I think a better solution would be to quit enforcing these antiquated laws altogether except in cases where the nudity poses a serious problem for the public. These three were obviously just trying to have a laugh, and no one was harmed. A little flesh for a free sandwich? Hell yeah!

i can't believe this is even a story,....who cares.

I want to know why a non citzen of Maine is riding around in a Maine government owned boat and pumping gas in to it probably spilling it in our water. I think the insurance doesn't cover for sight seeing flat landers and this needs to be looked into and proper punishment en-forced.

Some nerve I've been to N.Y. and I think this person should go home and clean up his own yard before coming here running his mouth. Now you know why Mainers don't like your kind, butt out and stay out.

Just like kissing another man on the lips does not necessarily make you gay, jumping into a lake naked does not necessarily make you a criminal.

hmmm..maybe if they did it in winter, they wouldnt be able to charge the men..ya know what they say about guys in freezing water? If they cant see it..ya cant be charged.. just a thought...Black Frog Rules!!!..needeep..lol :)

Hope they got the sandwich :).

I've been following this story since it happened and I figured the outcome would be such. Like most, i find this to be absolutely ridiculous. If anyone has a thing against nudity, i suggest not visiting UMO on earth day...

Hi there Maine people..........I love your paper. Naked people jumping into lakes. What else is happening there? Steve (San Diego Union Tribune)

Hi Steve..was in san diego this summer..was gunna travel to Mexico..decided against it..come visit us sometime and as they say.."Go jump in a lake"!

Just dont have outta staters around..they have no sense of humor... :)

ps steve..i just noticed SD Tribune is the same as signon SanDiego..I read that at least 5 times a week. Covers my brothers area..you guys have a lot going on daily..but havent seen any naked folk...lol

MAYBE THE OUT OF STATERS WERE JEALOUS BECAUSE THEY WERN'T HUNG LIKE MAINERS

Jealous? Well, I guess there needs to be some compensation for having more toes than teeth. Take a good look around, esp. in Washington county. I don't know if it is the water or what. But it is very disturbing. Beam me anywhere else PLEASE. Making a mountain out of a molehill, is what happens when you live in a vacuum where entertainment is a slim commodity.

Spit it out Homer it aint yours...

So.... the article clearly stated that the man could "could literally see his anus, his testes and his penis as he was drying off,” HOW LONG WERE YOU LOOKING?! My question is if it offended you so friggin much why the hell did he keep on looking?! So, he heard people "making a commotion" and he looked over. I'm assuming he looked over as the 3 were exiting the lake. Why was he staring at this guy drying off? I guess I'm the type if someone is drying off and bends over and gives me an ass shot, I'm gonna look away....NOT keep looking. Oh my f-ing word people, it was a little fun on a hot summer day in northern Maine, LIGHTEN UP!!!! I think all you "out-of-statahs" need to take a cold dip in Moosehead Lake. CHILL-AX!!!!!

No more laughing no more fun….

The future for Greenville holds scores of complaining visitors from NY, MA, RI and elsewhere all coming up to bask along the tame shores of Moosehead while taking a break from the well manicured golf course. Heaven forbid their refined families be exposed to such nonsense.

The town selectmen may have been worried about what their funding fathers would think.

….next time you are in the Allagash better wear a suit

Muddah- Just make sure it isn't your Birthday Suit!

Yillda, very good point, isn't offending if someone stares at you for a period of time like that? or could you take offense if you wanted to? If so it sounds like this NY individual (which by the way is contributing to wasting tax dollars by riding around with a Game Warden...wasn't aware we paid them for having their own fun) has some time on their hands maybe he could be brought back into court for that!

Used to go up to Greenville every summer, now I won't, heck the town ought to be renamed.

haha...I agree with most people on here. BIG DEAL. Its almost 2009! We have all seen someone naked, Im sure. Even little ones have probably seen their parents naked. Yea, the hole bending over to dry his ankles was lil extreme but...its all out of good fun! Just like someone else had said, it wasent like they were showing their body parts to be perverted, they were having good time trying to get a free lunch! haha...is it against the law to hang out clothes out naked on your own property? hmm...cause I do that sometimes haha...just kidding!

yillda-----------Absolutely! hahaha

Reading everyone's comments here have been the best laugh I've had all day, heck, maybe all week!

All this free advertisement, positive or negative, will be good for tourism in Greenville!

and a whole lot of naked ladies can go jump in the lake and not get busted..(no pun intended) I bet that would bring more tourism... :)

LETS ALL GET NAKED AND BE FREED FROM OUR "FREEDOMS"!!! I love Russ from Hermon. You are so right. I thinkwe all should take a good look at our selves when we are naked. If we had a naked day it would be as scary as Halloween!!! LOL I cant imagine this is news!!!

So here's my proposal .... let's turn this into an annual event. This August 23rd and every Aug.23 thereafter, we get a larger and larger contingent of skinny dippers to take the plunge. Young, old, fat or skinny - take the plunge! Mark your calendars and call your friends. Guys, use your creativity to (barely) cover up just your genitalia - "a pastie for your penis" - to avoid getting a fine. Maybe an entrepenurial Greenvile granny will knit up a bunch of 'nut sacks' to sell for those who don't bring their own. Let's show those tight arses that represent the Greenville police dept., the Greenville Select Board, and the district atty's office that we still know how to have some good clean fun in Maine. The prosecution and fining of these guys was absolutely ridiculous. Anyone guy who's ever jumped into Moosehead Lake (regardless of what month it was) knows that that clear cold water leaves very little to be seen or to offend. Shrinkage - that's why the guy needed binoculars.

There's the concept, some creative type can come up with an acceptable, marketable name for it and we're off and running. Maybe the Black Frog would consider hosting a catered lunch for all participants. Imagine the advertising value they'd get with regional news coverage that becomes national coverage as the event grows.

I'll attempt to inject a wee drollup of common sense into the discussion. For the "exposing my anus for fun" and/or the "we have the freedom to expose our anus and other appendages at will whether you like it or not" crowd, intelligent and reasonable people in your country recognise that "with freedom comes responsibility" and in some cases, accountability. Most reasonable people wouldn't take offence at tasteful nudity, but might indeed resent having to look, even briefly, at some hairy bloke's anus whilst spooning into their chocolate pudding dessert. The Creator apparently tucked the subject orifice up into a well- hidden place for a reason, otherwise He might have just placed it in the middle of your forehead...making many of you more attractive, by the way.

The "I have the freedom to __________ " group tend to forget that there are always unintended consequenses when one passes blanket approval for unrestricted public nudity. I can think of three offhand:

1) Who draws the line between the "good clean fun anus-exposer" on the dock and YOUR table in the eatery? If it is alright to expose an anus on the dock, would it also be alright to bend over and expose himself to your wife two feet from your wife or daughter? What is the difference?

2) If town administrators pass an ordinance approving public nudity (skinny dipping) within twenty-five feet of the boat dock where this incident occurred, what will happen when a 40-something chap opens his fly and exposes himself to your seven year-old daughter while she is walking down the dock? When she screams, and her father comes running, fists clinched and drawn back for the blow, what is he going to say when the exposer says, "Steady, mate...I'm preparing to go legally skinny dipping here...I didn't notice your wee daughter walking along; so run along now, there's a good chap."

3) There are always those in any society who will push the limits of any guideline, regulation, or law. If town council approves the aforementioned twenty-five foot radius, where nudity is authorised and practised, there will always be some "freedom lover" who will whip off his (or her) troosers two feet over the twenty-five foot line and dare anyone to do anything about it. (And there will be the usual crowd of supporters who will shout, "Leave him alone, ye bloody do-gooders!")

Well, I've used up my space. Cheers!

anus' are ugly, so are testicles, penises and vaginas, but breasts are a different story.

I could have got these guys off! Do you know how cold that lake is? Nobody could have seen any man's bits and pieces after climbing back on to the dock from those arctic waters! Case closed!

She knowingly exposed her genitals when she took her clothes off! What a double standard! And all this despite having a witness to seeing her exposed genitals (which in this case means pubic area). Yet they easily took witnesses' accounts about the men. Well, maybe next time when someone runs down to the lake they will have matters well in hand (pun intended), meaning covering themselves up for the dash and and during the drying off afterwards.

You see worse then that on TV these days, so the guys let their beans and frank out for a dip, as she let out her Boobie do's. What a bunch of whinners. Also if he was close enough to see anus, maybe he was too close for comfort, they should get him for sexual harssment.

The real question here is, was there a lot of shrinkage?

The very idea that public nudity is illegal in Maine in this day and age is crazy. Are we all Puritans? Its not like people will be running around the town square having drunken orgies. I have kids and it wouldn't hurt them if they happen to see another human being naked in public. Other states like Vermont, New York and California do not ban public nudity in certain instances, Maine needs to change it's laws to get inline with its progressive and individualistic nature. If you don't like seeing someone nude in that rare instance, then turn away. No one would want you staring at them anyway.

Maine state law on the issue of public nudity is based on the belief that a woman's genitals are internal, not external. Personally, I think it's a hoot there's a double standard with regard to this law - and it's in the favor of women...YOU GO GIRLS!

After reading most of the comments posted on this site, it troubles me that no one has truely followed this story. This restaurant has been in hot water for well over 5 years.

So some patrons decide to fight a violation, they are wasting our tax dollars.

Could not afford their charge, well, lets see the mileage from their residence to Greenville, the accomodations, minus the free sandwhich, ummm yes that is more than $400.

How far are we going to allow people to push the envelope?

Give an inch and everyone wants to go a mile.

I am proud of Maines law enforcers. God Bless them and their courage to go out and protect us everyday.

It is YOU that complains today, but when you are the one being rescued, protected or assisted no complaints from YOU then!

If you have a problem with enforcing Maines laws, then make a difference and do something about it.

gee workingpoor, "I could have got these guys off!" are you sure you want to keep that offer on the table?

oh god...this story is worth it if for no other reason then some of the awesomely hilarious posts that have made me laugh out loud at a time when I haven't felt much like smiling, let alone laughing...THANK YOU!

I really don't understand some peoples thinking. This is a FAMILY restaurant. I would have been very upset if I had my 6 yr old son there. What REALLY freaks me out is the fact that the restaurant owner would put that on his menu. Sounds like a freak to me..He doesn't have to PEEP in windows..He gets the free Peep show that comes to him.

I was just reading the comments on this. There are a lot of laws on the books that are outdated, but never enforced. Many should be either thrown out or rewritten. Either way, I got a good laugh, but it annoys me a bit that law enforcers seem to waste time on silly prank offenders. The police let offences slide many times at their discretion. To me, they should have had a warning. It's the same here on the coast also. Someone was caught skinny dipping off his own dock by a "neighbor" across the lake. The neighbor had to be using binoculars. This should have been taken up at a town meeting and if the town had issues they could have been addressed before it got this far.

"Northwoods_Maine", I have made such clothing! Granted it was more for gag gifts but functional. I made satin anatomically correct thongs with compartments for a gentlemans "riggin", and fur lined thongs for women who prefer to be totally waxed. (Winter in Maine ya know, ya have to keep your "bits" warm) Also more for a gag but I've heard that they are quite nice on. Now for your idea, maybe the fur could be worn on the outside to look naked but not be? In all cases, the gifts caused lots of laughs and red faces.

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