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Girl testifies against driving teacher accused of exposure 
08:02 PM EDT on Tuesday, August 26, 2008
YORK, S.C. -- A teenage girl took the stand Tuesday and came face to face with the man accused of exposing himself to her and four other girls last summer.
David Zitcovich has been charged with five counts of indecent exposure.
The incidents allegedly happened while he was working as a driving instructor for Behind the Wheel Academy. He is no longer employed there.
Tuesday morning, a jury was selected and by afternoon, opening statements began.
"Mr. Zitcovich would open up the door and instruct the student to lean over his lap in order to see if she was the correct distance from the curb," said Assistant Solicitor Jessica Holland. "And when each girl did that, they looked down and saw that he was exposing himself."
Gary Lemel, the attorney representing Zitcovich countered, "It has to be done in an indecent manner. It has to be done in a willful manner. It has to be intentional. That's part of what willful means. It is not as simple as something just came out."
At one point, the young girl who testified Tuesday became emotional and cried.
Assistant Solicitor Mindy Herbey Lipinski asked the girl, "when you leaned over his lap to look at the curb did anything unexpected happen?"
The girl answered, "Yes, his genitals and things were hanging out."
During cross examination, Lemel asked the girl, "He did not point at his genitals or anything like that, did not say anything explicit about his genitals, didn't ask you to look at it?"
The girl answered, "no."
The trial will resume Wednesday morning at 9:30 a.m.
At least one of the girls' parents tells NewsChannel 36 she may also take the stand.
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