Like TO says, if it walks like a duck and talks like a duck......
but you gotta give him props,
Playmate Found Not Guilty On Assault Charge
CLEVELAND -- A Playboy playmate on trial for allegedly kicking her boyfriend's ex-girlfriend in the face was found not guilty of assault Wednesday.
A judge reached a verdict in the evening after promising a decision would be made by the end of the day. She found Carmela Decesare not guilty of assault, but guilty of violating a protection order. Decesare was charged with assault for allegedly kicking Kristen Hine in the head at the Cleveland nightclub Tramp last August.
She has been fined $150 for the protection order charge and will also have to serve 24 hours of community service. She will be on probation for a year.
On the stand in her own defense Wednesday, Decesare said that Hine and her friends were taunting her all night. Decesare is the girlfriend of Browns quarterback Jeff Garcia.
Decesare described to the court how she felt when she found out Garcia had cheated on her with Hine. She said she and Hine had several heated phone conversations before things came to a head when they both showed up at the same night spot.
Police said that Decesare kicked Hine in the head during the altercation that took place last August.
Decesare said she was dancing on a table when one of Hine's friends came toward her, "coming at me full-force, swinging like a guy."
She says she kicked the friend in self-defense, but she denied ever having kicked Hine.
Garcia took the stand earlier Wednesday in defense of Decesare. He said she was simply defending herself during a confrontation by Hine, with whom he denied having any serious involvement.
Garcia said Decesare just lifted her leg to motion to Hine to go away -- not to kick her.
Hine's attorney questioned Garcia about his relationship with Hine while on the stand.
"The fact of the matter is, it was a mistake. One time. It was a one-night stand. It was nothing else to it," Garcia said. "I hung out with the girl three times over a three-month period."
He continued, "Let's clear some other things up..."
The judge interjected and told Garcia to only respond to the question.
Because of his role in the lover's triangle, Garcia was forced to discuss his sex life in court.
During testimony, a city prosecutor asked him if he was happy two women were fighting over him amid rumors that he is gay. Garcia said the question was inappropriate.
"I don't have to answer questions about that because I know it's the furthest from the truth," he said.
Later he said, "he definitely took a cheap shot and showed no respect toward other people."
The judge, however, said both sides were losers and instead of the women confronting each other, they should have been confronting their busy boyfriend.
In earlier testimony, a bouncer for a nightclub said Hine intentionally aggravated Decesare.
He said the two were screaming at each other and he saw Hine get kicked in the head.