A New Orleans massage therapist accused of sexual battery by at least three clients was denied a request that he be allowed to give paid massages in Alabama while awaiting his trial.
Ad hoc Criminal District Judge Donald T. Johnson on Wednesday (Oct. 4) rejected the request from Norman Nail, who sought the court's permission to perform professional massage work for a former client in Tuscaloosa, Ala. The request was strenuously opposed by Orleans Parish assistant district attorney Rachel Hurd.
"We have several victims who are in fear of this defendant and who are concerned that he not leave the jurisdiction, including one who lives out of state," Hurd said. "All of these counts are related to the illegal way in which he conducted his business."
Nail, 52, was not in court for the unscheduled matter. Defense attorney Stavros Panagoulopoulos entered the request on Nail's behalf, and sought to downplay the allegations stemming from Nail's arrest last Dec. 22.
"This is not a sexual predator," Panagoulopoulos told the judge. "We're not talking about someone accused of first-degree rape or something like that. This is someone who has a right to earn a living."
Hurd said it was "outrageous" not to consider Nail a sexual predator. At least three women have told New Orleans police that Nail improperly touched their genitals during massage sessions at his Advanced Healing studio at 4710 Canal St. in Mid-City.
"All of these counts are related to the illegal way in which he conducted his business," Hurd said.
Court documents showed two different NOPD sex crimes detectives were investigating complaints made by clients of Nail before they realized they were looking into the same suspect. One woman accused Nail of touching her genitals during a massage in December 2015. A second woman made similar accusations of improper touching during a massage on Sept. 27, 2016. After DNA samples were collected from Nail in each case, a warrant for his arrest was approved last Dec. 13.
By the time Nail was charged on May 19 in a bill of information filed by District Attorney Leon Cannizzaro's office, a third woman had come forward. Details of her alleged incident are not yet included in the court record, but they resulted in a third sexual battery count being lodged against Nail. Each count is punishable by up to 10 years in prison.
Panagoulopoulos argued that Criminal District Judge Darryl Derbigny, whom Johnson is replacing during a medical issue, had in July granted a motion allowing Nail to leave the jurisdiction. But Hurd said that motion was granted without the state having had a chance to object, and that to her knowledge it didn't involve Nail resuming work as a masseur.
Nail's trial has not been scheduled. He is due back in court Nov. 7 for a hearing on motions in his case.
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