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December 2, 2008 7:58:45 PM CST

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Court: Cops Wrong to Tape Man's Sex With Comatose Wife

Posted Sep 11, 08 9:13 PM CDT in US,  Crime & Courts 

(Newser) – A Wisconsin court today threw out evidence against a man police videotaped having sex with his comatose wife in her nursing-home room, the AP reports, arguing that authorities violated his constitutional rights. The court ruled that David Johnson, 59, who’s been charged with felony sexual assault, had an expectation of privacy and that police violated his Fourth Amendment rights.

Police installed a camera in the woman’s room on caregivers’ suspicions that Johnson was having sex with her. Johnson’s sister-in-law opposed prosecutors’ efforts, his lawyer 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.” Without the videotaped evidence, Johnson’s case could be dropped.

Source Associated Press

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David Johnson's attorney 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.   (Index Stock)
A Wisconsin court ruled that police violated David Johnson's Fourth Amendment rights against unreasonable searches when they installed a hidden video camera in his wife's room.   (Index Stock)
Nursing home staff members tipped off police when they feared for the safety of a patient whose husband they suspected of having intercourse with her.   (Shutter Stock)
Nursing home staff members tipped off police when they feared for the safety of a patient whose husband they suspected of having intercourse with her.   (Shutter Stock)
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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. - David Johnson's lawyer,
of his client's sister-in-law

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privacy • Wisconsin • sexual assault • nursing homes • Fourth Amendment


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