Pilot charged over naked hotel room display says he didn't think people could see him

'It is not a crime to be naked in Denver, even if you are a man,' lawyer argues

A United Airlines pilot who was charged with indecent exposure after being seen naked in his hotel room has asked for the case to be dismissed due to “outrageous governmental misconduct”.

Andrew Collins was arrested after standing nude in front of a 10th floor hotel window, which overlooks the Denver International Airport terminal.

He pleaded not guilty to the misdemeanour charge.

A police probable cause statement said Mr Collins opened the window to his hotel room and “knowingly and wilfully” exposed his genitals to the general public last September.

However, defence attorney Craig Silverman denied the window was opened and said Mr Collins believed the hotel windows were tinted so the public could not see inside his room.

Mr Collins admitted he was naked in his room with the curtains open, but said he was unaware anyone could see him as he walked around the room having a phone conversation.

Before his arrest, the pilot had been engaged in a 20-minute phone call with fellow pilot Jamie Ferguson to discuss a pilot union election Mr Collins was running in, according to a motion by his attorney.

Mr Ferguson said he was prepared to testify that there was nothing sexual about the conversation.

“It is not a crime to be naked in Denver, even if you are a man,” Mr Silverman said in the motion to dismiss the case.

“It is certainly not a crime to be naked in Denver in one’s lawful dwelling, which includes lawful occupancy of one’s own hotel room.”

Colorado state law requires a person to “knowingly expose his or her genitals” in a way that is likely to offend “with the intent to arouse or to satisfy sexual desire of anyone” for them to commit indecent exposure.

Mr Silverman said Denver police officers were unnecessarily aggressive to Mr Collins and failed to read him his Miranda rights or produce a probable cause warrant.

He also alleged officers mistakenly believed somebody saw Mr Collins performing a sex act, which Mr Silverman said there was no evidence for.

United Airlines has suspended Mr Collins, a 22-year veteran of the airline, according to The Denver Post, pending an internal review.

If Mr Collins is convicted for indecent exposure, he could be sentenced to two years in jail and would have to register as a sex offender, according to Mr Silverman.