PITTSFIELD — A Great Barrington man accused of sexually assaulting another man outside a Pittsfield gym was found not guilty Wednesday.
Berkshire County jurors deliberated for about two hours before finding Brian Hohman, 55, not guilty of indecent assault and battery.
Hohman, who has an extensive history of sex crimes against minors dating back more than two decades, was accused of groping the man, then 18, in October 2017. His trial opened Tuesday with the accuser's testimony, and Wednesday, Hohman took the stand in Berkshire Superior Court.
At issue was what happened when the two men met outside a Pittsfield gym in October 2017. The victim, now 21, claimed that he gave a pair of his underwear to Hohman in exchange for THC-infused candy because he needed the money and was hoping to sell the edibles at a profit. He testified Tuesday that Hohman then reached into his pants and groped him without his consent.
Hohman and his attorney, Raymond Jacoub, maintained that what happened between the two men was consensual.
"There's no crime that's been committed here," Jacoub said during his closing argument.
According to Hohman's testimony, his accuser allowed Hohman to give him oral sex and take explicit photos of him during the incident. Hohman said the other man also allowed him to take two photos of his penis. According to the time stamps on those photos, which were entered into evidence, they were taken at 5:19 p.m., about three seconds apart.
In his closing argument, Jacoub noted that the timing of the photos is significant because Hohman's accuser testified that he already was out of the car before 5:19 p.m., despite having met Hohman at approximately 5:10 p.m., making the exchange, smoking marijuana and being driven back to his car.
Hohman and his accuser denied that the photos were of them.
Hohman has a lengthy criminal background that includes a 1993 conviction for assaulting eight minors, for which he served six years in prison. He also was sentenced to a year in jail after admitting to making sexually suggestive remarks to a boy at a municipal pool in Scotland in February 2010. Hohman's previous record was not admissible at trial.
Bob Dunn can be reached at email@example.com, at @BobDunn413 on Twitter and 413-496-6249.