Conviction Overturned for Sex-for-Phillies-Tickets Woman

Susan Finkelstien, the woman who tried to trade sex for Phillies World Series tickets two years ago, had her conviction overturned this week.

Finkelstein’s attorney William Brennan said his client was happy with the decision.

“Susan is elated to be vindicated and to have her name cleared,” he said. “It’s a good day for her.”

Bensalem Public Safety Director Fred Harran disagreed with the decision.

“It was a good arrest,” Harran said. “She broke the law and 12 people (the jury) agreed.”

According to the original Bensalem police press release, Finkelstein was arrested on Oct. 27, 2009 after she solicited an undercover officer to perform various sex acts in exchange for a World Series tickets. Police made contact with Finkelstein after viewing her ad on Craigslist, which described her as a “diehard Phillies fan--gorgeous tall buxom blonde-- in desperate need of two World Series Tickets.”

“Price negotiable--- I'm the creative type! Maybe we can help each other!” the ad continued.

They met at the now-closed Manny Browns in the Neshaminy Mall, where police said Finkelstein offered to have sex with the undercover officer and his brother for the Phillies tickets.

She was charged with soliciting prostitution and related offenses.

Now 45 years old, Finkelstein has served a year of probation and 100 hours of community service since her conviction in March 2010.

“Finkelstein’s conduct in seeking an exchange of baseball tickets for various forms of intercourse is not commensurate with the unvarnished sale of sex that typically marks prostitution cases,” the decision stated.

Pennsylvania law says a person is guilty of prostitution if he or she “engages in sexual activity as a business or loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.”

Following two days of testimony, a jury found Finkelstein not guilty of prostitution, but guilty of attempted prostitution.

The superior court decided that was unacceptable.

“Because the proof required for attempt (prostitution) was the same as that of the Prostitution offense of which she was acquitted, Finkelstein’s conviction of Attempt cannot stand,” the opinion stated.

“If an offer standing alone were not prohibited conduct, the police could not be complainants in prostitution cases unless they first actually performed acts of intercourse with the person they were arresting,” the opinion stated. In other words, “every undercover cop would have to have sex with a suspect to prove prostitution,” Brennan explained.

The court also said Susan wasn’t in the business of prostitution, citing another case that prostitution should “exclude cases where a girl not generally engaged in commercial activity nevertheless consents to have intercourse on a particular occasion in exchange for a promised reward.”

When asked if that means anyone could offer sex for money one time and not be considered a prostitute, Brennan said, “I think one time wouldn’t be enough.”

Click here for the full story courtesy of PhillyBurbs.com.

The 11-page decision is attached to this story as a PDF document.