Dog doo dispute raises stink

Greeley Tribune ^ | April 19, 2007 | Mike Peters

[real saxophonist]

Dog doo dispute raises stink

Mike Peters

April 19, 2007

The infamous "dog poop" case took center stage in Weld County Court Wednesday, and the defense attorney said afterward, "Apparently, Marilyn Musgrave's office can't tell the difference between a piece of dog poop and a bomb."

But his client, Kathleen Ensz of Greeley, said she considers the misdemeanor case against her a "serious debate about free speech."

Ensz is fighting a misdemeanor charge of "use of a noxious substance." Last May 31, she placed a Congresswoman Marilyn Musgrave campaign leaflet -- filled with dog poop -- in the entry to Musgrave's Greeley office.

After Ensz admitted to placing the dog poop in the office, she was issued a summons in June 2006. She has maintained for the past year that she did it because Musgrave's staff would not stop sending the unwanted campaign literature to her home.

Two deputy district attorneys and two defense attorneys argued for three hours before Judge Frank Henderson Wednesday, focusing on several aspects of the strange case:

* Could the dog-poop incident be a matter of First Amendment free speech?

* The defense asked that the entire case be dismissed because of lack of evidence.

* Can Musgrave and Weld District Attorney Ken Buck be subpoenaed by the defense because of their political affiliation and possible collaboration on this case?

Henderson earlier stopped the subpoenas of Musgrave and Buck, and would not reconsider calling the two as witnesses.

The Judge said he would study the case regarding dismissal and First Amendment Rights and write a decision before May 14. A two-day jury trial has been set for May 22.

The "dog poop and a bomb" statement was made after the hearing by defense attorney Shannon Lyons of Greeley. When Musgrave staffers first noticed the 'package,' they called it into police as a bomb threat.

"When I saw the object, it obviously was not a bomb," Det. Mike Heck said on the stand Wednesday of his arrival to the Musgrave office.

Prosecutors Christian Schulte and Jason Bergevin argued the case isn't about free speech, but about using a noxious substance to interfere with a building or business.

"The (freedom of speech) argument the defense is making is too broad," said Schulte. "Throwing a brick through a window could be a political statement, but it is also a crime."

Also at the defense table was Denver attorney Patricia Bangert, brought into the case for her expertise in Constitutional rights. "The term 'sh--' has a popular meaning quite outside its literal means," Bangert said, quoting a judge in another case. "On a Web site today you can order feces to be sent to someone. That company is listed as a good member of the Better Business Bureau."

Bergevin also argued that if the judge rules that the case will continue, the defense should not be able to use freedom of speech as its central defense. "To allow citizens to determine First Amendment rights would be wholly outside their province," Bergevin said.

The next court date for Kathleen Ensz will be a trial readiness hearing on May 4.

[beaversmom]

I remember hearing about this one.

[beaversmom]

Up in your neck of the woods ping.

[beaversmom]

Dog crap is free speech, huh? I always knew what these people say is a load.

[taxesareforever]

How many times have you heard someone say, “that just stinks” about some political shenanigan. Wouldn’t this then be a case of sending back what got sent in the first place?

[quietolong]

If the Cross in pee is..

[endthematrix]

"When Musgrave staffers first noticed the 'package,' they called it into police as a bomb threat.

"When I saw the object, it obviously was not a bomb," Det. Mike Heck said"

Imagine all the "crap" this guy gets at work.

[stuned_beeber]

“To allow citizens to determine First Amendment rights would be wholly outside their province...”

WOW!

[camle]

"To allow citizens to determine First Amendment rights would be wholly outside their province," Bergevin said"

can't have the little folks getting too uppity can we? next thing you know, they'll be voting with intelligence.

[mo]

I can’t find it..so it probably ought to be here somewhere.....its the (D) after somebodies name!!!

[Old Student]

“”To allow citizens to determine First Amendment rights would be wholly outside their province,” Bergevin said. “

Makes me wonder if this fudgehead has ever read the constitution?

Also, in case anyone wonders, I don’t really mean a creaming chocolate confection, just something that resembles it in color and texture...

[mollynme]

If I remember correctly, it was an envelope filled with dog poop pushed through a mail slot. They were able to identify the perp because it had a preprinted return address which she had tried to black out. Tells you something about the woman's intelligence, doesn't it?
Ensz worked for the Weld County Dem Party and "unofficially" for sleazy Angie Paccione, Musgrave's election opponent.
This story says it was wrapped in a leaflet and couldn't have been mistaken for a bomb. I believe the original story - and it could have been mistaken for a letter bomb.

[toast]

"On a Web site today you can order feces to be sent to someone. That company is listed as a good member of the Better Business Bureau."

I've heard of candygram, but this is something new.

[beaversmom]

Thanks for the reminders. It’s all coming back to me now. Boy they’ve got some doozies on their side, don’t they?

[Choose Ye This Day]

You made Dave Barry’s blog.

[george76]

Ensz’s attorneys have argued what she did was a form of speech protected by the First Amendment.

A judge on Wednesday denied a motion to dismiss the charge.

Ensz, 64, is a retired French professor who taught at the University of Northern Colorado in Greeley.

http://cbs4denver.com/local/local_story_109121737.html