There’s no argument about whether a former Providence school administrator touched a teenager's foot at a Warwick gym two years ago.
The trial of Olayinka Alege in Kent County Superior Court focuses on whether the boy gave consent.
Both sides gave their closing arguments Wednesday. Jurors left for the day without reaching a verdict.
An encounter at a Warwick gym in April 2021 has Alege on trial for simple battery against a teen.
Gym security footage shows Alege pull a bench up near the teen while working out when a discussion takes place.
“The discussion is about shoes, and it’s about workouts,” said defense attorney John MacDonald.
The footage then shows the teen take out his earbud and have a roughly two-minute conversation with Alege.
Then there’s about a 30-second interaction where the teen’s shoe and sock come off, and Alege touches the boy’s foot.
“Was it inappropriate for Mr. Alege to take off a shoe or take off a sock or even touch the foot? Yeah, I think we can all agree it was," MacDonald said. "Was it criminal? Was it his intent at that time to cause offensive contact?”
The defense said no, arguing the teen never verbally asked or gestured for Alege to stop.
Prosecutor John Malloy said the teen was 15-and-a-half years old and didn’t understand how to respond to unwanted touching, which lasted about eight seconds.
“As a 15-year-old boy, eight seconds is a long time to have someone touching your foot,” Malloy said.
The video shows the two continue their workouts for 10- to 1 minutes before the teen texted his father to come and pick him up.
“This is an intentional act. This is a criminal act,” Malloy said.
Alege was convicted in a District Court bench trial last year and appealed.
He was put on leave when the accusations surfaced and then resigned.