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.
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.