A man who ejaculated into a co-worker's water bottle on two occasions is hoping to have his conviction overturned on the grounds that he believes he didn't batter the victim, his attorney said.
A jury convicted Michael Kevin Lallana, 34, of Fullerton of two misdemeanor counts of battery in February 2011, but his attorney, E. Thomas Dunn, said that because no force was used, Lallana didn't batter the woman.
"What Michael Lallana did was morally disgusting … but not battery," Dunn said. "They're so anxious to get him for something that they used a statute I just don't think applies."
Dunn appeared before a panel of three Orange County Superior Court judges Thursday.
Lallana's sentence of two consecutive, six-month jail terms was put off, pending the appellate decision, according to Dunn.
The fact that Lallana contaminated his female co-worker's water bottle, first at a Newport Beach office, then at an office in Orange, isn't being contested.
His attorney said his client's actions more closely resemble urinating in public, rather than battery.
Orange County District Attorney Chief of Staff Susan Kang Schroeder said the office stands by the jury's initial decision.
"We obviously believe he was justly convicted," she said.
The judges have 90 days to rule on the appeal. Dunn said if the conviction isn't overturned, he and his client will likely take it to a higher appellate court.