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November 16, 2006

The "It All Depends What 'Is' Is" Defense Redux

Some...creative lawyering going on in Minnesota:

Prosecution of a Douglas County case involving alleged sexual contact with a dead deer may hinge on the legal definition of the word “animal.”

Bryan James Hathaway, 20, of Superior faces a misdemeanor charge of sexual gratification with an animal. He is accused of having sex with a dead deer he saw beside Stinson Avenue on Oct. 11.

A motion filed last week by his attorney, public defender Fredric Anderson, argued that because the deer was dead, it was not considered an animal and the charge should be dismissed.

“The statute does not prohibit one from having sex with a carcass,” Anderson wrote.

That last sounds like the motto of many a frat boy I knew in college.

Now, before you get the idea that this fellow was just a little lonely as winter approaches in the Great White North, there's this little throwaway line at the end of the article:

In April 2005, Hathaway pleaded no contest to one felony charge of mistreatment of an animal for the shooting death of Bambrick, a 26-year-old horse, to have sex with the animal.

Sounds like a man who should relocate to Enumclaw.

Posted by Mr. Bingley at November 16, 2006 02:16 PM

Comments

Ahem...Douglas County is in Wisconsin(as is Superior), not Minnesota. C'mon THS, we have our own fair share of freaks without having to take the blame for Cheeseheads too.

Posted by: Dave E. at November 16, 2006 05:22 PM

Sorry, THS...meant Bingley.

Posted by: Dave E. at November 16, 2006 05:24 PM

Oops, sorry, my bad.

Posted by: Mr. Bingley at November 16, 2006 06:02 PM

Sure Dave. Sure. Sure you didn't mean it.

It's okay. I've spent my whole life getting pinged for Bing.

Have at it, okey dokey, eh?

Everyone else does.

Posted by: tree hugging sister at November 16, 2006 10:01 PM

"Pinged for Bing"? I think you've just coined Bingley's future campaign slogan. I can see the yard signs now.

Apology accepted Bingley. Not that it wasn't at least possible, given a few of the people I've met up north.

Posted by: Dave E. at November 17, 2006 12:19 AM