An argument one would not anticipate having to make in one’s legal career

Posted by lukegilman

February 28, 2007

From the Bay City Times in Michigan, comes this jewel of a case:

Kuch’s defense attorney, Kathryn Fehrman, argued that Michigan’s statute on sodomy and bestiality is vague and does not outlaw sex with a dead dog.

Now there’s one to call home about. Though it beggars credulity, it does, in fact, get worse -

The alleged crime occurred near the Forest Day Care Center, 2169 W. Midland Road, on a school day. The teacher was leading an Animal Control officer to the dead dog so he could dispose of it when the pair discovered Kuch, who allegedly scuffled with the officer before fleeing into the woods.

To her credit, against overwhelming and damned embarrassing evidence for her client, Fehrman refused to roll over and play dead. (sorry)

Fehrman had said in previous written and oral arguments that a dead dog is not an animal and therefore cannot be violated against its will.
….
Sheeran also upheld the indecent exposure charge. He said it was irrelevant whether the patch of woods where the alleged crime committed was public or private property. ”There was a substantial risk that someone might be offended.”

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