Police: Man fondled himself while women unloaded groceries

Dave Rogers, The Daily News of Newburyport, Mass.

Feb. 19—NEWBURYPORT — A local man was ordered to stay away from Market Basket after police say he was fondling himself in his car Wednesday afternoon while watching women unload their groceries.

Malcolm Hein Jr., 70, of Carter Street was arraigned Thursday afternoon in Newburyport District Court on charges of open and gross lewdness, and driving while under the influence of alcohol (second offense).

Judge William Martin set bail at $1,000 cash and ordered Hein to stay away from Market Basket and the shopping plaza while awaiting possible trial. Hein posted bail shortly after his arraignment and is due back in court April 2 for a pretrial hearing.

Newburyport police Officer Eric Marshall was off duty Wednesday about 4:15 p.m. when he received word from a friend that there was a suspicious man in the Market Basket plaza driving around to different parking spots so he could watch women unload their groceries.

"(The reporting party) further related that it appeared as if the male was masturbating while staring at these women," Marshall wrote in his report.

By the time Marshall caught up with Hein, he had driven over to the Shaw's parking lot at Port Plaza and parked close to another woman unloading her groceries. Marshall then asked his friend to call 911.

As Marshall walked toward Hein's car, the officer could see him fondling himself, the officer wrote in his report. Hein was so fixated on the woman he was watching that he was caught completely by surprise when Marshall began talking to him.

Marshall identified himself as a Newburyport police officer and arrested Hein on a charge of open and gross lewdness.

Hein said Marshall had no right to arrest him because he was in the privacy of his own car. He also accused Marshall of pulling his pants down.

"I advised him that too was not the case. He said 'we'll see in court,'" Marshall wrote in his report.

While speaking to Hein, Marshall wrote in his report that he noticed a strong odor of alcohol coming from him and saw signs of alcohol impairment. Marshall attempted to inform the woman in the Shaw's parking lot about what he said had just happened but she had driven away.

While at the police station for booking, Hein refused to take a blood-alcohol level test, according to Marshall's report.

Staff writer Dave Rogers can be reached at drogers@newburyportnews.com. Follow him on Twitter @drogers41008.

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