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« Good Cop, Bad Fake Cop | Main | Dumb Criminal of the Week Vol. 11 »

Sex with Your Wife -- Cool; Sex with Your Wife in a Coma -- Less Cool

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Hospital_bed David W. Johnson, 59, is alleged to have had sex with his wife, Leah, 54, on at least three occasions in 2005. Not a fascinating story except that Leah is, was, and has been, in a coma at the Divine Savior Nursing Home in Portage, WI since suffering a stroke three years ago. Claiming this amounts to sexual assault, police got a warrant to install a hidden camera in Leah's room and videotaped the couple doing the deed.

That tape will not be seen in court, however, now that a Wisconsin appeals court ruled that it constituted an unreasonable search and seizure under the Fourth Amendment and violated Mr. Johnson's reasonable expectation of privacy in his wife's room.

Leah's sister, Kelly, who is also her legal guardian, doesn't believe the charges should have been brought in the first place because she says Leah would have been happy to have sex with her own husband and anything that might bring her back is worth a try.

Indeed, unless Mr. Johnson starts having sex with other comatose patients in the hospital, I'm not sure how much of a crime it is either, though I definitely agree it's way creepy. Still, in light of this cautionary tale, I have amended my living will so that in case I'm incapacitated for any reason, the following people can have sex with me:

My wife, Liz Phair, Tina Fey or Chloe Sevigny. Contrary to Mr. Johnson, however, I definitely want it videotaped. If I ever wake up I want to see how it went.

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