Wayward Phillies fan Susan Finkelstein, her misbegotten moment of fame now in extra innings, was refused a new trial Friday in her sex-for-World Series-tickets case.
Bucks County Court Judge Albert J. Cepparulo turned down Finkelstein's request to have her conviction of attempted prostitution declared a mistrial.
Finkelstein, 44, of Philadelphia, is scheduled to be sentenced Thursday for the third-degree misdemeanor, which carries a maximum - albeit unlikely - sentence of one year in prison.
The way her favorite team has performed of late, ordering her to attend a Phillies game might be punishment enough.
A Bucks County jury convicted Finkelstein on March 25 of trying to swap sex for tickets to a Phillies-Yankees World Series game last fall.
She was arrested at a Bensalem restaurant after undercover police officers responded to a provocative online ad Finkelstein had posted under the heading "DESPERATE BLOND NEEDS WS TIX."
Describing herself as a "gorgeous tall buxom blonde," Finkelstein advertised her price as "negotiable - I'm the creative type!"
After Bensalem police responded to the ad and requested a photo, Finkelstein sent three topless shots and described her currency as "unconventional." Police set up a sting and arrested her.
Defense attorney William J. Brennan filed for a mistrial, saying prosecutor Steven Jones had prejudiced the jury with an improper question.
Jones had asked one of the police investigators who spotted Finkelstein's ad whether he ever trolled the Internet looking for child sex offenders. The officer responded that he did not and said a separate police unit handled such investigations.
Cepparulo, who had ordered that no mention of such sex crimes be made to the jury in the prostitution case, ordered the jury to ignore the exchange. The judge ruled Friday that although the question was improper, it did not merit a mistrial because it had not jeopardized Finkelstein's right to a fair trial.
Finkelstein said nothing during the brief hearing. Brennan said he might file other posttrial motions before the sentencing.