Court Slams Wis. Cops In Coma Sex Case

Police Filmed Man Having Sex With Comatose Wife In Nursing Home

(AP)  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 Fourth Amendment 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 now 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.

Columbia 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.

Department of Justice spokesman Bill Cosh said prosecutors are evaluating whether to ask the state Supreme Court to review the case.

Johnson's wife remains in a coma at the nursing home.

[wanetawr]

Listen To Me! They are married. Leave it the heck alone! We should be much more concerned that the police were recording in her room. Welcome to Nazi Germany everyone. THIS IS HOW IT STARTS! Every right they take away, every law the break, every breach of privacy is all FOR YOUR PROTECTION!

[tootall10142]

The local judge that issued the warrant should be repramanded by the board of lawywers and judges.Local judges are always looking to kiss someones a@ss to either further his career or return a favor from a previous case that was a little shaky and he allowed it any way his *** should be sued along with the county proescuter and the officers that executed a illegal search and seizure.THESSE PRICKS ARE WHAT YOU ARE TELLING YOUR CHILDREN TO TRUST.PEOPLE LAUGH AT THE PEOPLE IN THE SOUTH BUT THIS KIND OF STUPID SH---IT DOESNT GO ON AROUND HERE. AND NEVER WILL.

[no2zeebas]

I recall a story a couple of years back, where a young girl was dead, and while in the mortuary, prior to being eviscerated and embalmed, a young man decided that the girl was too pretty to resist, and so had s3x with her, whereupon she awoke from a confirmed, clinical death.



Posted by brianbwb at 09:47 PM : Sep 11, 2008


You win the Darwin award of the century...A person that has been embalmed can not wake up or come back to life...

Posted by no2zeebas at 04:19 PM : Sep 12, 2008

I guess I''ll have to claim that Darwin award instead...I re-read your post and it clearly say''s "prior"...My bad...

[no2zeebas]

I recall a story a couple of years back, where a young girl was dead, and while in the mortuary, prior to being eviscerated and embalmed, a young man decided that the girl was too pretty to resist, and so had s3x with her, whereupon she awoke from a confirmed, clinical death.



Posted by brianbwb at 09:47 PM : Sep 11, 2008


You win the Darwin award of the century...A person that has been embalmed can not wake up or come back to life...

Posted by no2zeebas at 04:19 PM : Sep 12, 2008

I guess I''ll have to claim that Darwin award instead...I re-read your post and it clearly say''s "prior"...My bad...

[no2zeebas]

I recall a story a couple of years back, where a young girl was dead, and while in the mortuary, prior to being eviscerated and embalmed, a young man decided that the girl was too pretty to resist, and so had s3x with her, whereupon she awoke from a confirmed, clinical death.



Posted by brianbwb at 09:47 PM : Sep 11, 2008


You win the Darwin award of the century...A person that has been embalmed can not wake up or come back to life...

Posted by no2zeebas at 04:19 PM : Sep 12, 2008

I guess I''ll have to claim that Darwin award instead...I re-read your post and it clearly say''s "prior"...My bad...

[chimpyout]

Hope you file civil suits and win! Go get ''em Dave. Hope your endeavors eventually get a good response too!

[rickstas]

no2zeebas, LOLOLOLOLOL!!!!!!!!

[no2zeebas]

I recall a story a couple of years back, where a young girl was dead, and while in the mortuary, prior to being eviscerated and embalmed, a young man decided that the girl was too pretty to resist, and so had s3x with her, whereupon she awoke from a confirmed, clinical death.



Posted by brianbwb at 09:47 PM : Sep 11, 2008


You win the Darwin award of the century...A person that has been embalmed can not wake up or come back to life...

[erasmus81]

"...but maybe he would like to make love to her a few more times before she dies." Posted by harp1963 at 09:09 AM : Sep 12, 2008

Oh sure, I just bet that''s it!!

Give your freakin'' head a shake!

[sly_64]

oh please, these courts are being absurd

[tootall10142]

My wife woke up during *** once , rolled over and said when you are finished get up and let the cat out.we ar a great couple.Im sure that cat loves me.

[hidegirlgcks]

I''m hoping that he loves his wife very much and is only trying to stimulate her to wake her up. If that is the case then I am ok with it, but if he is just taking advantage of her, I hope she wakes up and casterates the b@st@rd!!!

[harp1963]

It''s his wife for Gods sake. Maybe he loves her and being with her. Who care if she''s in a stroke induced coma. It might not fit every persons idea of perfect s e x and it would be a crime if it was a stranger, but maybe he would like to make love to her a few more times before she dies.

This is nobody''s F-in business and should not be in the media at all. I hope this guy sues Wisconsin for a billion dollars.

I, (Bride/Groom), take you (Groom/Bride), to be my (wife/husband), to have and to hold from this day forward, for better or for WORSE, for richer, for poorer, in SICKNESS and in health, to LOVE and to CHERISH; from this day forward until death do us part.

[smurfcrusher]

Apparently he wasn''t that great

[jjp735i]

Sounds like a typical, although less frequent, John and CINdy McCain interlude. ---------------------
Posted by excoachken at 07:55 AM :

Aint that the truth.....................

[jjp735i]

Anyone who believes a story like this has never heard of "rigor mortis." After just a few hours, a body becomes hard like wood. THE ENTIRE BODY. What you described wouldn''''''''t be possible.
Posted by txgrouch2006 at 10:05 PM : Sep 11, 2008

Ummm the woman is not dead.

[excoachken]

Sounds like a typical, although less frequent, John and CINdy McCain interlude.

[closethippy1]

Here''''s something else to think about. Just imagine this poor lady is in a locked-in syndrome. This means that she is mentally there, just unable to let anyone know that she can hear. Can you imagine the PAIN she must have gone through when he forced her to have s.ex without her consent when she was in such a condition. It must have felt like she was being assaulted by someone she felt she should have been able to trust.
Posted by gramto8 at 03:13 AM : Sep 12, 2008

Interesting. But what if the husband uses a lot of lubricant? Couldn''t that help reduce the "pain"?
I''m sure it could. Problem solved.

[babooph]

Exactly how did the nuts in the pd know his wife did not approve of ***-isn''t marriage a strong indicator that two people are willing with each other ?

[republic1776]

Big Brother is watching you, even in the bedroom with your own wife.