Headline Of The Week Weak
Filed under: Headline of the Week
"Police Illegally Taped Nursing Home Sex, Wisconsin Court Rules"
Lemon party! CLICK HERE to read the article accompanying this headline.
[Image via WENN.]
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.
The couple married in 1988 and had no children, Kelly said.
Kelly said he believed prosecutors would be forced to drop the charges without the evidence on the tapes and thought the appeals court made "a pretty obvious call."
Johnson's wife was admitted to the nursing home after suffering a stroke. Court records say she was unable to speak or sit up, and nursing home staff members fed, cleaned and turned her. Prosecutors say she was comatose.
Johnson visited her frequently and sometimes would close the door to her room so they could have privacy as allowed by the nursing home. But staff members tipped off police, fearing she was in danger because, they suspected, he was having sex with her.
Police obtained a search warrant to videotape the room and installed the camera, which ran for three weeks. Johnson, who is free on bail, was charged based on that evidence.
Sauk County Circuit Judge Patrick Taggart tossed out the evidence last year, ruling it stemmed from an illegal search. Prosecutors appealed, arguing Johnson had a right to privacy when he visited his wife to care for her but not when he used the room for what they contend was illegal intercourse.
The appeals court affirmed Taggart's ruling.
ooooops
SEX WITH OLD PEOPLE SICKEN ME.
VOTE
MCCAIN/PALIN
And that has exactly WHAT to do with McCain? Oh, an ageism type joke. I get it. Way to be politically correct.
Excuse me but you are reaching here Perez. Is this the best you could come up with to show your support for Obama! You must be drinking already.
Hi Jokerbaby,
I like old men in the old folks home. They are needy.
I guess I'm just gay.
Vote
mCcain/Palin
lmfao! WOW
Next headline should be 'Is McCain having extramarital sex with Palin?'.
I don't care if she is his wife - she was unable to consent. The tape should be used as evidence.
You need to stop dissing on McCain Perez! The only thing I see you ever running for is some doughnuts.
Mccain probably has fantisies of Successionist Sarah changing his soiled stinky DIAPERS!
OBAMA/BIDEN O8!!!!!
Of course Perez is goin to mock McCain for his age, that's the only amunition that he has. It's funny that Perez will degrade people left and right but when someone does it to Perez, it's a political outcry. *yawn* Getting bored with your uneducated political agenda Perez. Anyone who comes to PerezHilton . com to get their political news shouldn't be allowed to vote.
WOW.. HE'S ONE HORNY DUDE.
Only in America can you rape your comatose wife (yes, it's considered rape when the other party doesn't consent to having sex), and get away with it because it violated his rights when the nursing home installed a camera to video tape the offender as a way to PROTECT THE VICTIM.
Kind of sad really. Talk about staying faithful.
keep on dissing on mccain/palin the only thing they're doing is NOTHING
its all lies & i agree w/ pink VOTE OBAMA
The woman is his wife…Think about it. Would she rather he run out and get a prostitute to have sex with or do you think she'd rather he have sex with her. I'm pretty sure if you could ask her she would not have a problem with it. Also just for the people who don't know…Rape is when you have sex with someone against their will. I'm sure it's more than likely illegal to have sex with someone who is alseep and can not make a choice, but i'm pretty sure it wouldn't be called rape unless they woke up and started saying no.
That's awful. She didn't consent. A dry vajayjay can also result in cystitis which is very painful. So does this mean this poor helpless woman has to endure this now? Sick.
I feel great sadness for this lonely old man. I'm sure he loves and misses his wife I can only imagine what it is like to be in love with someone so long and after many years they just go away. It seems like a different type of death because she's there but not there. I feel the nursing home people lacked love and invaded the privacy of their patient and her husband. Regardless of her state this women chose this man to love for the rest of her life when she was in her right mind.
It sort of reminds me of stories I hear about animals that lose a companion and they lay on their graves unable to accept the truth… Sad.
Nice pic though….lol.
WTF is wrong with McCain's cheeks?
I guess the Red Light District company is going to release a sex tape called Ancient Asses!
I wouldn't say having sex with your wife of 20 years is rape just because she is comatose……but it is really f*cking disgusting.
McCain's got butter teeth. Gross.
oh my.
Re: Urdesire – wow, you know this was a great comment. i work in a hospital and its not such a reach to have compassion and sadness for this situation.
If I was in a coma…. I would rather him have sex with me than any one else.
I'm so happy that McCain is doing such a good job that you can't find any negative story to run and must resort to some sort of convoluted age reference. Wow Perez, you must be getting desperate!
"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"
That is hilarious. Be careful if you faint in the middle of the street. Someone might want to bring you "back to consciousness".
two things:
this dude needs to seriously rethink his actions… yes it is a sad situation that his wife is in a coma, and i'm sure his wife wouldn't want him running around to some prostitutes but SERIOUSLY??? is anybody really thinking about this situation and how gross it is?? please, come to your senses, and also…
*can people take a joke about this mccain pic?? he's OLD. and it's perez's blog so he can post whatever the f he wants and express his opinion. if people are gettin all butthurt about it, go somewhere else!!
Re: Urdesire –
Good comment.
hey dude, have a life! the girl is no even conscious! he should pay a whore! oh God all those freaky insane guys! the woman can not even move or react, so it's only for his own insane pleasure!!!!
OMG your kidding me!
Umm…crest white strips anyone????
You are disgusting misusing McCain's picture like this. Getting scared since Obama's slipping in the ratings?
that is totally gross!
thats so rape
yuckk
trying to f your wife back to life…interesting.
This should be illegal because his wife could/did not give consent! Therefore, this is considered rape!
Re: marilow – he used ky. and she can't feel pain in a coma.
Re: bookwomanblue – the more perez makes fun of mccain/palin the more i want them to win just to get back at him.
Re: Yumm-ay – Agreed. Nice one America. Of course the comatose wife would always want him to have sex with her, I mean she clearly always said yes beforehand…right?
"…he had an expectation of privacy when he visited his wife … therefore, police violated his Constitutional Rights against Unreasonable Searches when they installed a hidden video camera in the room…"
:l
The second stupidist part of this story, is the Judge that issued the Search Warrant, who doesn't even know the law with regard to the Constitution. There would have had to be a precedent, because this is not the first time in American history that Constitutional Rights had to be exercised in a marital search.
:l
What does the story have to do with the photo? You are so pathetic.
…and what should give you even greater concern, is that nowhere on the internet is the name of that Judge who issued the Search Warrant.
:l
OMG! If I were in comotose I would not want the sex to die with my husband. Unless he was abusive and hurting the woman than I do not think they should bring charges against him. Unless he has a record of sexual abuse or physical abuse towards his wife I think this is bullshit.
…Do Tell ~ Pokerhontas, what is your favourite McCain attribute:
???
Is it his gambling addiction?
Is it the slippery way he announced in June 2007 that he was an Episcopalian, and then 3 months later announced that he was Baptist (while campaigning in the heavily-Baptist state of South Carolina)?
Is it because he was a member of the Keating Five, where 5 congressmen were investigated on ethics charges for strenuously attempting to remove racketeering charges against Charles Keating, after he gave them large campaign contributions and vacation trips, of which McCain earned $112,000.00 plus many many paid vacations, leaving a cost to taxpayers of $3.4 billion dollars [the Lincoln Savings & Loan collapse]?
Is it because you want a First Lady who is so intelligent, she was able to steal hard drugs from a medical charity that she ran (she stole from a medical charity for christ's sake).
Is it because he publicly referred to Leonardo DiCaprio as an androgynous wimp?
Yumm-ay [14] says: Only in America can you rape your comatose wife (yes, it's considered rape when the other party doesn't consent to having sex), and get away with it because it violated his rights when the nursing home installed a camera to video tape the offender as a way to PROTECT THE VICTIM.
:l
And that's why it's time for change in the administration of the country. This is allowed to happen because the "old-boy network" has become entrenched in working for themselves; rather than working on the problems that exist in the bureaucracy. LMAO when McCain said it's time to get rid of the "old-boy network"; because he IS the "old-boy network". McCain is so full of shit, his eyes are brown!!!
wow
sweetpiece [15] says: Kind of sad really. Talk about staying faithful.
:l
Faithful? It was selfish rape. There is nothing kind or loyal in what he did. If he was faithful to her, he would have relieved himself by himself.
:l
Tripleplatinum [IQ=17] says: "…Rape is when you have sex with someone against their will. I'm sure it's more than likely illegal to have sex with someone who is alseep and can not make a choice, but i'm pretty sure it wouldn't be called rape unless they woke up and started saying no.
:l
Rape is when you have sex with someone Without Their Consent ["against their will" as you say, is then "Violent" Rape.
:l
"Unless they woke up and started saying no…" Wow ~ are you seriously that supid?
oops ~ I made a typo [but, at least I'm not STUPID]!!!
Urdesire [19] says: "It sort of reminds me of stories I hear about animals that lose a companion and they lay on their graves unable to accept the truth… Sad."
:l
The only difference here, is that animals don't then have intercourse with the dead corpse of their companions.
:l
How come you never posted anything about Michael Moore and his disgusting comments about a hurricane taking attention from the Republican convention? Your continuing leftist stands make me ill. Posting John McCain's picture with this so called article is disgusting. People your age and younger (the ones who usually post here) have no damn idea what the world is about. If John McCain and others had not upheld Americans, who would? The French? the Canadians?
All you infants would be speaking German or Japanese if "the greatest generation" had not willingly gone to war. If minority groups still think they are so damned abused, they should talk to their grandparents and parents; they are the people who really suffered.
Your generation, going to college to get wasted and screw around, is pathetic. That's how you have fallen into the liberal dogma.
My thoughts? If you hate this country so much - why the hell do you stay here? Go to Venezuela. See what kind of rights you have there!
guliajulia [22] says: I wouldn't say having sex with your wife of 20 years is rape just because she is comatose……but it is really f*cking disgusting.
:l
Sex is always rape, which is illegal, unless both parties consent. It isn't that he was found "not guilty" of the crime in a court of law; it's that he will not be "tried" in a court of law, because of the manner in which the evidence against him was gathered.
:l
So, what do you mean, you wouldn't say having sex with your wife of 20 years is rape just because she is comatose. It absolutely is so.!!!!
I recognize the mindset still exists, where some people are conditioned to believe that a husband "owns his wife and her vagina". Newflash ~ individual rights trump marital rights.!!
:lx
sundaysup [23] says: McCain's got butter teeth. Gross.
:l
Yeah, and I saw the video from when he was young, coming back from Vietnam. He was pretty hot for back then. Now, I think if you put a wig on him, he would look like somebody's Grandma.
:l
missycaro [26] says: If I was in a coma…. I would rather him have sex with me than any one else.
:l
WoW ~ I'd like to slap the person who taught you that women are receptacles.
:lx
Anonymous [27] says: I'm so happy that McCain is doing such a good job that you can't find any negative story to run and must resort to some sort of convoluted age reference.
:l
Anonymous indeed ~ Is that you Senator McCain?… Because we all know how you like to tell people what it is that they see.
:l
Read my Post at [46] ~ and don't get too fat eating all that crow.
DannyBonaduce [28] says "…Be careful if you faint in the middle of the street. Someone might want to bring you "back to consciousness". "
:l
Phunny stuff. Luvit.
…but you might be giving the desperate girls lame ideas.!!!!
bookwomanblue [35] says: You are disgusting misusing McCain's picture like this. Getting scared since Obama's slipping in the ratings?
:l
The only reason that viewership is up for the Republicans, is because everyone is tuning in to laugh at the freak sideshow that is Sarah Palin. That is why polls are really redundant, because intelligent Americans are not going to vote for more corruption and stupidity.
:lx
stinkie [IQof40] says: the more perez makes fun of mccain/palin the more i want them to win just to get back at him.
:l
Stupid people should not be allowed to vote. Since Americans are all about money, maybe you need to charge higher taxes to those who cannot pass a basic common sense test. I'm sure you would find that people would become much more informed very quickly.
:l
Old people sex.
Ew.
Marital rape?
Not.
disgusted22 [53] says: "…People your age and younger (the ones who usually post here)…"
:l
Really, do you expect anyone to believe a single word you say, when you presume to know the ages of anonymous posters?
:l
So much bullshit.
And what exactl does this have to do with John McCain?? You are such a LOOSER Mario when you do stupid shit like that…How old are you?
-
Lets post about the LA train Crash and use a big ol picture of Obama even though it has no relevence to your blog.
-
YOUR A DOUCHE BAG, DIGGING YOUR OWN GRAVE
Whoa - pretty sleazy. Additionally, I find it rather ironic he complains about his rights being violated, considering he complains of evidence against him violating another's rights.
Perez - Please, I know you may be Democrat, but try to have an open mind! McCain was a prisoner of WAR. He shouldn't be made fun of for being old. Remember, you and I will be old someday too dahling!
DISGUSTING 22- IF YOU WERE SLIGHTLY EDUCATED YOU WOULD KNOW THAT MICHEAL MOORE WAS MAKING FUN OF REPUBLICANS WHOSE WHITE TRASH FUNDAMENTALIST BASE WAS ASKING MEMEBERS TO PRAY FOR RAIN DURING OBAMAS SPEECH. WELL MOORE WAS POINTING HOW IRONIC THAT A HURRICANE SHUT THE REPUBLICAN NAZI FEST DOWN. HE SAID IT WITH HUMOR TO POKE FUN AT YOUR NUTTY BACKWARDS GOP PARTY.
What is your favorite McCain attribute:
???
Is it his (10am to midnight) gambling binges?
Is it the slippery way that he told McClatchy News Service in June, 2007, that he was Episcopalian; and then 3 months later told Fox News that he was Baptist (while campaigning in the heavily-Baptist state of South Carolina)?
Is it because he was a member of the Keating Five, where 5 congressmen were investigated on ethics charges for attempting to get racketeering charges dropped against Charles Keating, after Keating gave them large campaign contributions and vacation trips, of which McCain earned $112,000.00 plus many many paid vacations, leaving a cost to taxpayers of $3.4 billion dollars [the Lincoln Savings & Loan collapse]?
Is it because you want a First Lady who is so intelligent, she was able to steal hard drugs from a medical charity that she ran (she stole from a medical charity for christ's sake).
Is it because he publicly referred to Leonardo DiCaprio as an androgynous wimp?
I defy you to disprove any of my statements.
Whiten your teeth, MOTHERFUCKER!
He's a Sick Fuck!
if i were in a coma , i know i would still be getting erections
.
i would definitely want my wife coming in to have sex with me.
.
and if a cute nurse was having a boring night…
.
it might revive me!! ladies please try it if this happens to me!!!
Re: uraPIGperez –
.
i'm sure his wife would have given her assent had she known… why shouldn't she
.
i'm also sure no guy would mind if his wife came in and diddled him while he was in a coma… that would be rape though , right?
.
would any guy reading this mind? let's hear ya
perez…c'mon, what does this REALLY have to do with mccain? I'm all for showing your support for a certain candidate, but resorting to THIS sort of disrespect is one such reason why there is a such a dramatic split between republicans and democrats these days. i'm very offended, especially since this story is very serious and sad. what a shame.
Thas is the most disturbing thing I have heard in a long time! THis disgusting man cant keep his dick in his pants when his wife is obviously not even conscience? How is this showing love? It shows lack of any respect, he has ownership because shes his wife? If he loved her he would have respect for her lack of ability and want to comfort her not hop on top over her so he can satisfy himself. Im GLAD he was taped so they have proof what a sick S OB he is. He deserves some thinking time in the brink! And as far as using McCains pic on here, thats so messed up! There is no respect for anybody anymore! Perez has no class. Such a lack of humanity on here. No wonder this country is so messed up! People use no control! PEREZ GROW UP!
has anyone else thought, how sweet… at least he was staying faithful? hahahaha
Re: chacharoo – what person who loved his partner would care if the partner wants to have sex while they're comatose? what's the problem
ew buddy lay off her!!!!!!!!
JOHN MCCAIN! BOOOOOOOOOOOOOOOOOOOOOO!
Plinkie9, I totally agree with you. I'm so sick of p.h. knocking McCain. ph isn't 1/4 of the man that McCain is!
VOTE for McCain/Palin !!!
RIGHT ON! Glad you posted the pic of McCain! HA HA!!!
I am torn about the story. To me, it seems like rape since she couldn't possibly consent to sex. On the other hand, I'm sure he was doing everything he possibly could to try to bring her back. Video taping him was a violation of privacy…
Uy those yellow teeth. Just imagine making out with McCain. Funky!
this guy should be locked up for ever to be violated endlessly and without mercy. that's sick. and yes, it's rape. and to the person who said it's not rape if you have sex with someone while they're asleep - what the fuck is wrong with you? you should be put down!
why does the creepy shit always happen in my state???
I don't understand all of you retards who are on here shit talking Perez. If he annoys you so much, than why the hell do you, have a name and an avatar on here, and why do you read his website?? SHUTUP and stop trying to have an opinion.