TheSmokingGun.Com: Judge rules Man who had sex with dead deer must stand trial

[RobertSeattle]

All I can say is "ugh".

http://www.thesmokinggun.com/archive/1122061deer1.html

NOVEMBER 22--A Wisconsin man who argued that he could not be prosecuted for having sex with a deer because the animal was dead at the time, was dealt a legal setback today when a judge rejected a motion seeking dismissal of a criminal charge against him. As a result of Circuit Court Judge Michael Lucci's ruling, defendant Bryan James Hathaway, 20, will have to stand trial for his alleged assault last month of the deer carcass. In his ruling (a copy of which you'll find below), Lucci denied a November 7 motion filed by Hathaway's lawyer, Fredric Anderson, which argued that the deer ceased being an animal upon its death (Hathaway, pictured at right, allegedly found the carcass in a roadside ditch). Anderson contended that a charge of sexual gratification with an animal could not be sustained because "the term 'animal' refers to a living organism, not a carcass." Lucci, however, noted that "most people understand that an animal does not necessarily cease being or qualifying as an animal or even being referred to as an animal once it's dead." He added that the "primary focus" of Wisconsin's criminal statute dealing with crimes against sexual morality is on "human behavior and on protecting sexual morality in the community, and not necessarily on animal protection." (4 pages)

[salin]

1. Imagine this guy is a relative... and says... "no, no its not like that

because the deer was already dead..." yikes.

[RobertSeattle]

3. And who sees a dead animal in a ditch and thinks about sex with it

I'm not for the death penalty, but this guy needs to be removed from the gene pool - he cannot breed.

[bluerum]

7. He can breed with - dead deer - in his garage. nt

[RobertSeattle]

10. Can you see the conversation at the state pen?

What you in for?
5 to 10 - armed robbery

And you?
Sex with a dead deer in a ditch.

[salin]

15. response... No, really what are you in for?

Response... Seriously, it wasn't like that - I shouldn't be here. THE DEER WAS ALREADY DEAD!

[RobertSeattle]

17. But the deer was naked - I couldn't help myself

[salin]

18. I can't explain it

this is really disgusting... but the comments around it... just too, too funny!

[bluerum]

40. Like it would make that much difference if the deer was still alive. nt

[salin]

8. I don't know that we have to worry about that...

after this gets local press - I don't think anyone would want to cooperate with him to add his genes to the gene pool.

[mike_c]

2. damn-- this is a massive setback for dead animal boinkers everywhere....

:rofl:

[Occulus]

4. Bet he looked like a deer caught in the headli....

:silly:

[madinmaryland]

11. stop it!!!

:spray:

Now I gotta clean off my keyboard!!

[enlightenment]

5. As gross as this incident is, it isn't as serious as this weirdos's

previous perversion -- killing a horse in order to have sex with it.

He needs to be put someplace where he can't hurt anything else -- an animal shouldn't have to die so this nutjob can get his rocks off.

[Mythsaje]

6. Huh?

I can't believe our courts are actually dealing with a case of someone having sex with roadkill. It's one of the sickest things I've ever heard, but, honestly, of what interest is it to the State? I mean, who wants to sit on that jury?

This guy isn't a criminal, he's just an alien. How many people could actually be found that would, in any fashion, be considered his peers? Who'd claim any kind of relationship?

Too weird for words.

[La_Fourmi_Rouge]

9. There's no law against it!

Well, I am just guessing that no one had the foresight to put a law on the books forbidding this kind of thing, but, please, someone, enlighten me... I'm beggin' ya.

[RobertSeattle]

13. There was a law about not having sex with animals

It just wasn't clear in Wisconsin law if a dead animal was an animal in the context of the law.

This will obviously be Leno/Letterman fodder for weeks to come.

[slackmaster]

21. It seems brain-dead obvious to me that anything that can't move on its own accord

Is not an animal.

[hsher]

12. "See??? We told you gay marriage would lead to this!!!!"

Well, folks? Looks like the subject of tonight's Leibowitz has just arrived. :think:

[Hobarticus]

14. Oh, this is nothing...check this out for weirdness

What's the matter with Wisconsin?

http://www.topix.net/content/kri/1934448298120548443301126237461675276906

On their way to dig up a grave in rural southwestern Wisconsin, the Grunke brothers and a friend stopped at a Wal-Mart to pick up some condoms, authorities said.
Three days later, on Tuesday, twins Nicholas and Alexander Grunke, 20, and Dustin Radke, 20, were charged in Grant County with attempted theft - and attempting to have sex with a corpse.

-snip-

A Cassville police officer arrived at the St. Charles Cemetery on Saturday night after a neighbor alerted police to suspicious activity, according to a criminal complaint filed Tuesday. The officer found an abandoned vehicle parked near the cemetery. Minutes later, the complaint stated, the officer saw Alexander Grunke walking toward the vehicle, dressed in black and sweating profusely.
After being questioned, Grunke told the officer his brother and Radke were trying to dig up a grave, according to the complaint.
The two drove into the cemetery to find the partially dug grave of a 20-year-old woman who was killed in a motorcycle accident Aug. 27 in Cassville. The diggers had only managed to reach the top of the grave's concrete vault.

[dae]

19. Da-yum! I don't know which is scarier. The deer story, the

digging up the corpse story, or the picture of the dude with the hair job. Time for a drink or two. :beer::beer:

[GreenPartyVoter]

57. I cannot fathom what the appeal of being intimate with a dead anything or anyone is? But esp

with a not recently dead one. *gagging*

[JVS]

16. Let him go free!

Being caught fucking a dead deer should be its own penalty

[MazeRat7]

20. "Bryan was a talented and generous man..."

He served his community well... but will they remember him as Bryan the community leader..........No
He saved his buddy's life once when stranded in the wilderness during a hunting trip... but will they remember him as Bryan the life saver...... NO

But you go an fuck one dead dear and the rest of your life everyone calls you Bryan "the dead deer fucker"..... :rofl:


MZr7

[Hippo_Tron]

22. I'm telling you guys, it's all because New Jersey legalized gay marriage

Now man on deer is suddenly okay

:rofl:

[hsher]

69. Enjoy

Daily Show beat us to it

[AIJ Alom]

23. This almost as bad as they guy in my building who like to gratify

himself with hot tomatoes.

[conscious evolution]

24. OMFG WTF!

I am at acomplete loss of words to describe what I think of this.There isn't even a smilie that can adequately do this justice.
Screwn doesn't even cover this.

[Guaranteed]

25. So, what about sheepskin condoms? Is using one of those

having sex with an animal? Or using leather in sex play, for that matter?

Just for the sake of argument.

[Guaranteed]

26. Dupe nt

[Minnesota_Lib]

27. One question: Do they serve venison in the local jail?

[pscot]

34. Road kills only

N/T

[robbob]

68. If they DO serve venison

I hope this guy isn't allowed to work in the kitchen...

[kiahzero]

28. It would seem that the decision would run afoul of Lawrence

The man could already (and should) be tried for attempted violations of 944.17 (or whatever the crime is actually called) because factual impossibility is not a bar to prosecutions for attempt; by going for charging him for an actual violation of 944.17, the court relied on the notion that the statute is designed to "protect sexual morality in the community," which would seem to be a violation of the majority's opinion in Lawrence that "protecting sexual morality" alone is insufficient justification for a law.

Note: This post should not be construed to condone deer-fucking. It's disgusting and probably unsanitary.

[Guaranteed]

31. LOL, alright, we'll let you off the hook of being a deer-fucker.

:P

[William769]

29. Where do I even begin?

[savemefromdumbya]

30. I wonder how many people have sex with a dead deer?

is this common in Wisconsin?

[Ian David]

36. According to conservatives, it is "normal" for famboys to have sex with animals

The Mule Consented
Reported by Ellen - May 14, 2005

Neal Horsley returned to the Alan Colmes Radio Show Thursday night to defend his history of his, er, um, fancy of a certain mule in his pre-teen life of a "normal" farm boy. It was a natural occurence, he said, like that of a mutt that will hump everything warm and wet in sight. He maintained that he did not rape the mule. Horsley claimed that the mule consented and was a willing consultant in this match due to the fact that the mule was clearly a whore for accepting the gift of an ear of corn for the sexual act. Now if you are doing a double take on that piece of information, I should advise you, he really said it.

Mr. Horsley stated that it is logical and natural to engage in beastiality in today's world, comparing it to consenting gay sex. Mule-man sex is natural, and man-man sex is natural but not normal. He compared it to the paradigm of a dog humping a leg or anything it can find. All men are mutts (well DUH!) when it comes to their sexuality, The mule was just a matter of convenience for him, but it was just one mule. And I'll quote Alan on this one "At least you were a monogomist".

Alan continued the question with "if it were a washing machine would you have sexual intercourse with it?"

Horsley replied, paraphasing, "I hadn't thought about it, but I would have had sex with anything wet and warm and moved."

More:
http://www.newshounds.us/2005/05/14/the_mule_consented.php

[LWolf]

48. Pardon me while I run out and

lock up the barn and all the pasture gates. I've got 2 mares, 3 ewes, and 7 hens that I apparently need to protect from the neighbors.

:puke:

[savemefromdumbya]

58. do they vote conservative?

[LWolf]

61. The neighbors?

Probably. We're not in each other's pockets physically or with our lives; I've met and spoke to them only a few times. We wave at each other. No signs, bumper stickers, etc.. I say "probably" because this county is "safe" for republicans.

[msmcghee]

32. Free the deer fucker! nt

[originalpckelly]

33. Super Toopers II: "Deer fucker, do you need assistance?"

http://www.imdb.com/title/tt0247745/maindetails

"Bear... bearfucker, do you need assistance?"

[savemefromdumbya]

60. the bears need chastity belts too

[Ian David]

35. It might not have been dead. It may have been pining for the fijords. n/t

[globalvillage]

38. It's not pinin', it's passed on. n/t

[Crim_n al]

47. It only took one evening of watching a Monty Python compilation,

and the whole world has gone crazy.

First the fruity martial arts teacher gets his picture into another thread, teaching students to defend themselves against asparagus attacks, and now I'm seeing a dead deer with its feet nailed to the bull-bar when it would rather be pushing up daisies.

Just don't tell me to stand up ...

Eureka, I've got it !!!!!
The dead deer must have been using the Hungarian Phrase Book to find its way to the station.

[RB TexLa]

37. I'm so glad this case wasn't in Louisiana

I wouldn't lay money on it never having happened in the Gret Stet, of course odds are we probably don't have a law against it.

[rug]

39. I'd like to be at his Thanksgiving table.

[originalpckelly]

42. "Bryan get away from that Turkey!" (nt)

[lumberjack_jeff]

43. "Have some decency! At least wait till after dinner" n/t

[rug]

44. .

:spray:

[originalpckelly]

46. Gives a whole new meaning to "have some more Turkey?"

Doesn't it?

[Pastiche423]

41. How was it found out that he diddled a deer?

Obviously, the deer couldn't complain.

[Forrest Greene]

45. If The Deer Was A Prostitute

...& the guy refused to give his name to the police, they'd have had to have charged him as a Doe John.

[Botany]

49. As long as it was a doe then no problem but if it was a buck ....

.... then that would be sick. :rofl:

Over the hundreds of dead dear i have seen @ the side of road
not one time have I thought, "Gee I want to hit that. Now there
is some juicy tail."

[hsher]

70. Venison: it's not just for dinner anymore

[pinniped]

50. Where's the picture of the alleged victim?

Did the authorities collect the specimen as evidence?

[liberalEd]

51. He's gotta be a republican! :) n/t

[ecstatic]

52. Does Wisconsin have other priorities?

This guy belongs in an asylum. Tax payers should not have to fund that farce of a trial. Someone just wants to have a good laugh.

[T Town Jake]

53. What's his Freeper screename?

(n/t)

[Twist_U_Up]

54. I find this extemely hard to believe

We can discuss a guy fucking a dead dear but 9-11 needs to be censored

WTF

this is fucked up

[The Velveteen Ocelot]

55. I will say, first, that I am from Wisconsin. But I also have to ask:

Is there something in the water in WI that causes people to do really macabre, creepy sexual things? After all, they had Ed Gein (the inspiration for "Psycho" and possibly "The Silence of the Lambs") and Jeffrey Dahmer...

[mduffy31]

56. I served as a Foreman on a jury in Judge Lucci's court

...and he is a good judge, and I am glad he ruled this way. This guy needs to be taken out of this town and sterlized.

[opihimoimoi]

67. Apparently Judge Lucci has 7 pet deers in a paddock behind his home.

All the kids come to feed and play with them...

This Hathaway fella is in deep shit.

[Stu DeBeouf]

59. From the post title alone...

I knew it was either in Wisconsin or the UP. It's the "Deep North".

[RetroLounge]

62. I want to be very clear here...

I happen to live in Wisconsin at the moment

BUT I AM FROM CHICAGO!!!

RL

[BringEmOn]

63. Maybe it was payday and he wanted to go out and blow a few bucks.

[Selatius]

64. James Hathaway sounds sexually frustrated and desperate.

I'm sure this trial will ensure he will be frustrated and desperate for a long-time because everybody in the area will know what happened by watching the news.

[opihimoimoi]

65. Did the dude kill the dear?? and if he did, how? did he shoot the dear, fuck it to death, poison it?

Was the Dear still warm?

Oh My, the questions at this upcoming trial...that boy has got to move outta town and change his name....maybe to TONGA?

[BlooInBloo]

66. A good christian, no doubt.