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Tuesday, July 24, 2012

Soccer Mom Madam to court: It's not prostitution if you just pay to watch

Jaynie Mae Baker

The femme fatale sidekick of the alleged Soccer Mom Madam says she should be off the hook because if there was no nooky, there was no crime.

Jaynie Mae Baker, the demure stunner busted with accused Manhattan brothel operator Anna Gristina, revealed in court papers filed Tuesday that the undercover cop who arrested her watched two women have sex but didn’t participate in any.

Baker’s lawyer, Robert Gottlieb, says the only recorded conversation in evidence that includes Baker took place July 19, 2011, at a Manhattan restaurant where his client, Gristina and the cop had lunch.

The cop tells Baker and Gristina he is “looking for a little adventure" and to “please corrupt me," but there's no talk of arranging payment, Gottlieb says in the filing.

Six days later in the sting operation, the cop is secretly videotaped in a room with two other women at Gristina's alleged brothel on E. 78th St., but he does not participate in the sex.

“The undercover officer apparently remains fully clothed and merely observed the two women perform for him,” Gottlieb writes.

Manhattan District Attorney Cyrus Vance charged that at the July 19 meeting, Baker helped “arrange a sexual encounter between two separately charged defendants and an undercover officer in exchange for currency.”

Gottlieb says there “was not a scintilla of evidence that was produced ... establishing Ms. Baker’s involvement in arranging payment in exchange for any kind of sexual activity.”

What occurred not prostitution because the undercover cop was not a participant, Gottlieb says. If watching is prostitution, then every strip club and porno director is guilty, too, he said.

“Paying two individuals to watch them engage in sexual activity — which is what is alleged here — is simply not prostitution,” he wrote.

Gristina has been recorded bragging of her purported connections to law enforcement during an investigation that dates back to 2004.

Last spring Baker was charged as Gristina’s hooker booker. Gristina was charged with one count of prostitution for allegedly operating a $2,000-per-session call-girl operation that catered to powerful men.

By Janon Fisher AND Greg B. Smith / NEW YORK DAILY NEWS

1 comment:

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