March 19, 2008

Rutland man acquitted of lewd charge

‘The Wolfman’ denied charge

By Gary V. Murray TELEGRAM & GAZETTE STAFF
gmurray@telegram.com

WORCESTER— A Rutland man known by some as “The Wolfman” — who represented himself at trial — was found not guilty by a Worcester Superior Court jury yesterday on a charge of open and gross lewdness.

Don T. Bornholz, 55, formerly of 22 Prescott St., Rutland, was alleged to have exposed himself to a motorist passing by his property on the night of April 12, 2006, and to have grabbed his genitals when the driver slowed and told him to put his pants on because there were children living in the neighborhood.

Mr. Bornholz is familiar to many in Rutland. A house and other structures on Mr. Bornholz’s property were found to be rat-infested in 2004 and were eventually torn down by the town. Mr. Bornholz, referred to by some local residents as “The Wolfman” because he allegedly barked at the moon, continued to live on the property

Mr. Bornholz, who represented himself in court with the assistance of standby counsel Walter A. Rojcewicz Jr., denied the allegations.

Adam Perkins of Rutland testified that he was driving home shortly before 7 o’clock on the night in question when he saw Mr. Bornholz, naked from the waist down, shaking out his undershorts in a slightly wooded section of his property about 90 feet from the roadway. “I was just shocked,” said Mr. Perkins, who described the alleged incident as “very offending, actually.”

When he hollered out his window to Mr. Bornholz, Mr. Perkins said, Mr. Bornholz grabbed his genitals, shook them, looked up and appeared to bark, “like a wolf thing.” Mr. Perkins said he drove home and immediately called the police.

In September 2006, Mr. Bornholz was sentenced to two years in jail after being convicted of a separate charge of open and gross lewdness. In that case, he was accused of shouting profanities at a neighbor, then dropping his pants and exposing himself to the man and his 9-year-old son.

Mr. Bornholz testified yesterday that he was fully clothed and picking up articles strewn about his property on the night of April 12, 2006.

“I deny flatly ever taking off my pants, ever taking off my underwear. I did not do any of those things,” he told the jury. He said he had no recollection of being confronted by Mr. Perkins before his arrest.

The jury of eight men and four women deliberated for about a half-hour before acquitting Mr. Bornholz, who had been held in custody in lieu of $1,000 cash bail.

Mr. Rojcewicz said after the verdict that Mr. Bornholz had completed his sentence from his 2006 conviction and would be freed as a result of the acquittal.

The town has since condemned his land and placed a lien on the parcel.

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