California trans serial sex offender found NOT GUILTY of incident exposure at Wi Spa

The jury came to their conclusion after less than an hour and a half of deliberation, telling the Court that prosecutors did not submit sufficient evidence proving that Merager exposed himself with the intent of sexual gratification. Merager is a heterosexual male who identifies as transgender, and prosecutors could not prove that his penis was partially erect while sitting unclothed next to nude female patrons, which were claims made by several witnesses at the spa. Additionally, the jury foreman told Judge Joseph Burghhardt that the spa "let the defendant in," which assisted the jury in reaching its verdict, according to Los Angeles Magazine.

Merager was arrested in September 2021 after being on the run as a wanted fugitive in Los Angeles. He attempted to hide from authorities after several women filed police reports in June 2021 alleging that Merager exposed his male genitalia to them and minor girls in the women's section at the Wi Spa in Los Angeles' Koreatown. On June 23, 2021, several female patrons confronted Wi Spa staff about the matter and filmed the interaction, which went viral on social media and sparked significant public backlash about men using women-only facilities.

Merager claimed to be the victim of transphobic hate. Antifa militants and far-left trans activists had protested outside the spa as a result. Merager used the state's gender self-identification law passed by the California legislature in 2018 to his advantage. The law allows any individual to enter spaces based on their self-identified gender identity. Merager was also on trial for a similar indecent exposure incident that occurred at a West Hollywood swimming pool in 2018.

Defense Attorney Elliot Tiomkin began his opening statement by displaying a photo of Merager's driver's license with a female designation. Deputy Prosecutor Karen Montoya contended that the driver's license was created after the 2018 incident, according to the magazine.

Several women and minor patrons at both facilities testified to the Court, suggesting that they faced harm caused by Merager's exposed male genitalia in their designated private female spaces, a matter that left them "shocked." Witnesses described Merager's penis as "slightly lifted," "not flat," and "45 degrees." One of the women, who is now an adult but was a minor at the time of the 2018 incident, told the jury in an emotional statement, saying, "I knew I shouldn't have seen that." The woman who filmed the viral video did not testify.

Merager is a serial sex offender with two prior convictions of indecent exposure stemming from incidents in 2002 and 2003 in California. In 2008, Merager was convicted of failing to register as a sex offender. He has nearly a dozen felony convictions for crimes ranging from sex offenses to burglary and escape, and has spent several years in prison, according to records.

Judge Burghhardt allowed the jury to consider his prior indecent exposure convictions while deciding the verdict. However, the jury ruled that they could not convict Merager due to the gender-identity law and insufficient evidence supporting erect penis claims.