Saturday, September 13, 2008

Here's A Toughie

Police Illegally Taped Nursing Home Sex, Wisconsin Court Rules

MADISON, Wis. — "Police who videotaped a man having sex with his comatose wife in her nursing home room violated his constitutional rights, an appeals court ruled Thursday.

David W. Johnson, 59, had an expectation to privacy when he visited his wife, a stroke victim, at Divine Savior Nursing Home in Portage, the District 4 Court of Appeals ruled. Therefore, police violated his constitutional rights against unreasonable searches when they installed a hidden video camera in the room, the court said.

"We are satisfied that Johnson's expectation of privacy while visiting his wife in her nursing home room is one that society would recognize as reasonable," the unanimous three-judge panel wrote.

The ruling means prosecutors cannot introduce the videotapes as evidence in their case against Johnson, who is charged with felony sexual assault for having intercourse with his wife without her consent at least three times in 2005.

Johnson's attorney, Christopher Kelly, said his client would visit his 54-year-old wife every day, reading her the Bible and moving her arms and legs so her muscles wouldn't atrophy.

The woman's sister is upset that prosecutors brought charges against him, Kelly said. "She believes her sister's husband was merely expressing his love for his wife and was trying everything he could to bring her back to consciousness," Kelly said."

Upon reading this story, I officially gave notice to Lisa that should I ever become comatose, she can do with me as she pleases.

Yes, of course the fellow had a reasonable expectation of privacy. The question revolves around the premise that having intercourse with a comatose spouse is rape.

As for the police illegally taping the events, well of course they wouldn't feel that a mere peon should have anything remotely resembling a right. Generally speaking, these are undereducated individuals who haven't a clue about the Constitution nor do they want to. Far easier to say "Yes, sir", and do as one is told to do.

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