Jason Mack, the 250-pound man who rubbed himself on a 14-year-old girl and ejaculated on her in a crowded subway car ten years ago, is hoping to have his entire case thrown out. Why? Because the Manhattan DA's office is still trying to get his crime counted as a felony. Mack's lawyer, though, says that it's way past the time for a speedy trial, "It was over-indicted and it was a stupid appeal. It was never forcible. There was no basis from the beginning... The clock ran out months ago. I want this case dismissed."

The Manhattan DA's office got Mack indicted on a felony, arguing that at the time, Mack was double the size of his young victim (who was on her way to school) and that the crowded conditions of the rush hour 1 train basically allowed him to trap the girl, enabling him to essentially use "forcible compulsion" to terrorize the girl. Mack was arrested after cops matching DNA from the victim's clothing got a hit on a database of criminals. However, the Court of Appeals didn't think the horrible situation was felony-worthy and didn't think the girl was really "threatened." (Read the Manhattan DA's appeal.)

Mack, who did the same thing to another unlucky subway rider in 2006, told reporters after a hearing yesterday that "maybe" he was "drunk." The Post reports he said, "You know, the train be crowded — it was rush hour — and the lady bumped me. I know my DNA came on her... I apologize for that. That won’t happen no more. I won’t do that again."

According to the Daily News, his lawyer "revealed that District Attorney Cyrus Vance, Jr. has offered to let Mack plead guilty with time served. He has already served more than 180 days behind bars waiting for his appeal," which is what he'd serve if the crime were a misdemeanor (the sentence is stiffer if it's a felony). If the case is totally dismissed, Mack won't be on the sex offender registry. In the meantime, Mack is working as a maintenance man for the Department of Citywide Administration Services.