Jose Martinez-Gutierrez just wanted to relax and chat on his cell phone in a San Juan Capistrano 24-Hour Fitness sauna in February 2008 when Donald William Honan entered, sat across from him and began "stroking his [exposed] penis in an up and down motion," according to court records.
Martinez-Guiterrez was pissed.
He decided to take action.
He steamed out of the room. But he returned minutes later angry that he'd been pressured to leave. Honan smiled and resumed stroking his penis.
"What the fuck?" Martinez-Guiterrez asked.
"What?" said Honan.
Martinez-Guiterrez left again and reported the incident the gym's manager and then called 911.
After his arrest and trial, Honan was convicted by an Orange County jury of lewd conduct and indecent exposure, both misdemeanors. Judge Thomas J. Rees sentenced him to 180 days in jail plus three years of informal probation.
But those punishments were not what annoyed Honan. He was also given lifetime sex offender public registration requirements. He appealed, claiming that Rees had violated the equal protection clause of the state and federal constitution by imposing punishment that didn't fit the crime.
Late this afternoon the California Court of Appeal based in Santa Ana rejected his argument as "unpersuasive."
Perhaps the appellate justices reviewed Honan's prior criminal record. According to his criminal file, he's a serial public masturbator. Before the latest episode in the sauna, police arrested him for lewd conduct in 2001 (90 days in jail); twice in 2003 (170 days in jail); and in 2005 (180 days in jail).
--R. Scott Moxley / OC Weekly