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Wisconsin man guilty of dead deer sex


ejp626

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Well, you know what you're getting with that headline. But it actually gets sadder, if you keep reading.

Wisconsin man guilty of dead deer sex

February 20, 2008

FROM ASSOCIATED PRESS

WAUSAU, Wis. — A state appeals court Wednesday upheld a Superior’s man conviction for having sex with a dead deer.

The 3rd District Court of Appeals rejected Bryan Hathaway’s argument that the charge should be dismissed because the law against committing an act of sexual gratification with animals does not apply if they are dead.

‘‘He rather convincingly contends that animal means a living creature,’’ Judge Gregory Peterson wrote. ‘‘However, Peterson pled no contest to the charge. A plea of guilty or no contest waives all nonjurisdictional defects and defenses.’’

Hathaway, 21, pleaded no contest to the misdemeanor a year ago and was sentenced to probation that required him to be evaluated as a sex offender.

In January, Douglas County Circuit Court Judge Michael Lucci sentenced him to nine months in jail for probation violations that included using alcohol and marijuana and having unapproved contact with a minor child.

Hathaway told investigators that he saw a dead deer in a ditch near Superior in fall 2006 as he rode a bicycle by it. He then dragged it into the woods and had sex with it.

‘‘When I was done, I was upset with myself,’’ Hathaway said in a statement to police. ‘‘I know having sex with animals is wrong.

But I can’t help myself and I need help.’’

The appeals court ruled Wednesday that police properly obtained the incriminating statement from Hathaway, rejecting the claim that his constitutional rights were violated.

Hathaway was questioned because he was on probation and had returned to a transitional living program in Superior covered in hair and blood with a knife in his pocket, court records said.

Hathaway was found guilty in April 2005 of felony mistreatment of an animal after he killed a horse with the intention of having sex with it. He was sentenced to 18 months in jail and two years of extended supervision on that charge as well as six years of probation for taking and driving a vehicle without the owner’s consent.

Hathaway had just been released from prison for the killing the horse when the deer incident happened, court records said. Hathaway’s attorney, Jefren Olsen, did not immediately return a telephone message Wednesday.

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‘‘When I was done, I was upset with myself,’’ Hathaway said in a statement to police. ‘‘I know having sex with animals is wrong.

But I can’t help myself and I need help.’’

You want help? Go fuck an alligator.

Not really a wise post. I mean that this guy really need a psychiatrist, not an alligator. I don't see any rational reasons to inflict to this guy a trial and news exposure, for a dead deer? C'mon.

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‘‘When I was done, I was upset with myself,’’ Hathaway said in a statement to police. ‘‘I know having sex with animals is wrong.

But I can’t help myself and I need help.’’

You want help? Go fuck an alligator.

Not really a wise post. I mean that this guy really need a psychiatrist, not an alligator. I don't see any rational reasons to inflict to this guy a trial and news exposure, for a dead deer? C'mon.

Indeed, a very sick kid. It's too bad.

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I hate to say it, but I think the guy has a legal point. The statutes that forbid sexual contact with animals exist, in part, to protect the animals who cannot consent and may be injured by being forced into sex acts with a human. Since the animal in question was dead, no further harm could come to it. Similarly, the statutes that forbit sexual contact with corpses usually assume that the corpse in question is a HUMAN corpse, and as such having sex with it does injury to the deceased's memory and to any family that may survive. But having sex with a dead animal (especially a wild animal, as opposed to a pet or livestock) has no effect on the memory of the dead animal, nor does the animal have any relatives likely to be offended or otherwise injured by the act carried out on its dead body.

I'm not saying that I approve of this man's actions in any way, shape, or form. I just think that what he has done puts him very much outside the law as we have currently conceived of it. If they're going to bust him, I think some new laws need to be written.

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Yeah, but he pleaded no contest. "A plea of guilty or no contest waives all nonjurisdictional defects and defenses."

Personally, given that he had already been convicted of killing a horse in order to have sex with it, I wonder if he really happened across a dead deer in a ditch or in fact went sprinting and leaping through the forest after it before finally bringing it down and killing it with his bare hands, and then had sex with it.

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‘‘When I was done, I was upset with myself,’’ Hathaway said in a statement to police. ‘‘I know having sex with animals is wrong.

But I can’t help myself and I need help.’’

You want help? Go fuck an alligator.

Not really a wise post. I mean that this guy really need a psychiatrist, not an alligator. I don't see any rational reasons to inflict to this guy a trial and news exposure, for a dead deer? C'mon.

GEE, OFFICER KRUPKE

ACTION

Dear kindly Sergeant Krupke,

You gotta understand,

It's just our bringin' up-ke

That gets us out of hand.

Our mothers all are junkies,

Our fathers all are drunks.

Golly Moses, natcherly we're punks!

ACTION AND JETS

Gee, Officer Krupke, we're very upset;

We never had the love that ev'ry child oughta get.

We ain't no delinquents,

We're misunderstood.

Deep down inside us there is good!

ACTION

There is good!

ALL

There is good, there is good,

There is untapped good!

Like inside, the worst of us is good!

SNOWBOY: (Spoken) That's a touchin' good story.

ACTION: (Spoken) Lemme tell it to the world!

SNOWBOY: Just tell it to the judge.

ACTION

Dear kindly Judge, your Honor,

My parents treat me rough.

With all their marijuana,

They won't give me a puff.

They didn't wanna have me,

But somehow I was had.

Leapin' lizards! That's why I'm so bad!

DIESEL: (As Judge) Right!

Officer Krupke, you're really a square;

This boy don't need a judge, he needs an analyst's care!

It's just his neurosis that oughta be curbed.

He's psychologic'ly disturbed!

ACTION

I'm disturbed!

JETS

We're disturbed, we're disturbed,

We're the most disturbed,

Like we're psychologic'ly disturbed.

DIESEL: (Spoken, as Judge) In the opinion on this court, this child is depraved on account he ain't had a normal home.

ACTION: (Spoken) Hey, I'm depraved on account I'm deprived.

DIESEL: So take him to a headshrinker.

ACTION (Sings)

My father is a bastard,

My ma's an S.O.B.

My grandpa's always plastered,

My grandma pushes tea.

My sister wears a mustache,

My brother wears a dress.

Goodness gracious, that's why I'm a mess!

A-RAB: (As Psychiatrist) Yes!

Officer Krupke, you're really a slob.

This boy don't need a doctor, just a good honest job.

Society's played him a terrible trick,

And sociologic'ly he's sick!

ACTION

I am sick!

ALL

We are sick, we are sick,

We are sick, sick, sick,

Like we're sociologically sick!

A-RAB: In my opinion, this child don't need to have his head shrunk at all. Juvenile delinquency is purely a social disease!

ACTION: Hey, I got a social disease!

A-RAB: So take him to a social worker!

ACTION

Dear kindly social worker,

They say go earn a buck.

Like be a soda jerker,

Which means like be a schumck.

It's not I'm anti-social,

I'm only anti-work.

Gloryosky! That's why I'm a jerk!

BABY JOHN: (As Female Social Worker)

Eek!

Officer Krupke, you've done it again.

This boy don't need a job, he needs a year in the pen.

It ain't just a question of misunderstood;

Deep down inside him, he's no good!

ACTION

I'm no good!

ALL

We're no good, we're no good!

We're no earthly good,

Like the best of us is no damn good!

DIESEL (As Judge)

The trouble is he's crazy.

A-RAB (As Psychiatrist)

The trouble is he drinks.

BABY JOHN (As Female Social Worker)

The trouble is he's lazy.

DIESEL

The trouble is he stinks.

A-RAB

The trouble is he's growing.

BABY JOHN

The trouble is he's grown.

ALL

Krupke, we got troubles of our own!

Gee, Officer Krupke,

We're down on our knees,

'Cause no one wants a fellow with a social disease.

Gee, Officer Krupke,

What are we to do?

Gee, Officer Krupke,

Krup you!

Music by Leonard Bernstein, lyrics by Stephen Sondheim.

© 1956, 1957 Amberson Holdings LLC and Stephen Sondheim. Copyright renewed.

Leonard Bernstein Music Publishing Company LLC, Publisher.

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:rofl:

I think TCM is running West Side Story this month ... interesting though to notice some changes in the lyrics from Broadway to film (I guess Hollywood censors objected to "shmuck" and ordered the change to the "job-slob" couplet in the last verse).

Anyway, as far as the topic of the thread goes, it seems to me he's got a malpractice claim against his lawyer. Anyone worth his salt would have moved to have the case dismissed rather than allow his client to plead out. But once he did plead, the issue of the validity of the statute's application became moot.

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Yeah, but he pleaded no contest. "A plea of guilty or no contest waives all nonjurisdictional defects and defenses."

Personally, given that he had already been convicted of killing a horse in order to have sex with it, I wonder if he really happened across a dead deer in a ditch or in fact went sprinting and leaping through the forest after it before finally bringing it down and killing it with his bare hands, and then had sex with it.

Yet the law says that if the deer is in season and if he is appropriately licensed, this man CAN kill the deer. The law doesn't specifiy good or bad reasons for killing the deer. It doesn't say, "you can hunt deer for food or for sport, but not for sex."

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interesting to see that there is more sympathy on this board for a guy who kills animals to have sex with them than for a wynton marsalis fan...

I don't have sympathy for him. He's out of his mind. I just think that this is an interesting legal case. I don't think the law ever anticipated something like this.

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