Judge Grants Mistrial in Philly Cop Sex Case

The mention of DNA on a pair of pants led to a mistrial Thursday

By Teresa Masterson
|  Friday, Feb 18, 2011  |  Updated 2:25 PM EDT
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Judge Grants Mistrial in Philly Cop Sex Case

Philadelphia Police

Officer Joseph Harvey was suspended with intent to dismiss.

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A Philadelphia judge declared a mistrial in the case of a fired police officer who allegedly masturbated in front of a woman detained during a drug raid at the mention of semen on a pair of pants.

Municipal Court Judge James DeLeon granted the mistrial Thursday during a motion hearing in the case against fired Philadelphia police Officer Joseph Harvey.

The Philadelphia Daily News reports the judge agreed with a defense attorney when he contended a prosecutor had overstepped when he questioned another officer about a pair of pants allegedly stained with Harvey's semen.

The defense says the pants had not been entered into evidence.

The woman who brought charges against Harvey testified Jan. 21 that she and a male friend were high on heroin and cocaine and about to have sex when the police busted into the abandoned Kensington house where they were, according to the Daily News.

While two of the police officers took the man out of the room, Harvey told the woman to undress and spread her legs while he masturbated in front of her, the woman testified according to the Daily News. He never touched the woman.

"He was too disgusted to touch me, but he wasn't too disgusted to touch himself and ejaculate on my $70 friggin' pants," the woman said.

Assistant District Attorney Bob Foster vowed that Harvey would still be brought to trial.

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