Charges dropped against ex-teacher (public sodomy act "only" witnessed by cop)

Des Moines Register ^ | 09/25/03 | Register staff writer

[Rightone]

A Polk County judge has thrown out an indecent-exposure charge against a former Des Moines teacher because the only witness to an oral sex act at Saylorville Lake was a sheriff's deputy hiding in the trees.

District Associate Judge Joe Smith dismissed the charge Tuesday, officially ending legal proceedings against Kevan Mulder, a former fifth-grade teacher at Park Avenue Elementary School.

[Rightone]

So, now that charges are thrown out, he can go back to teaching 5th graders...

[avg_freeper]

an oral sex act at Saylorville Lake

Hey, there Saylor!

[billorites]

If a tree falls in the forest and there's nobody there to hear it, does it make a sound?

[Modernman]

They have to re-write the law, I guess. The judge's reading of the law is probably correct.

[Chancellor Palpatine]

The more important question is if a man says something in the forest and there's no woman around to hear him, is he still wrong?

[Paleo Conservative]

If a tree falls in the forest and there's nobody there to hear it, does it make a sound?

[xsmommy]

most definitely. next question ? ; )

[trebb]

Sheriff's deputies set up a camera after repeated complaints about sexual activity.

Obviously someone was offended - if the police were there because citizens complained, and the activity was verified, I can't see how some yo-yo judge can decide nobody who could be offended witnessed the activity. What they just did was give a tacit consent to expose passing children to this sh**

[joesnuffy]

Mulder, 47, was arrested along with five other men in June after a video sting operation at the No. 7 shelter at the Cottonwood Recreational Area near Saylorville Lake. Sheriff's deputies set up a camera after repeated complaints about sexual activity.

Court documents say a camouflaged narcotics investigator watched from the trees as Richard Wiand, 49, performed a sex act on Mulder in the shelter, which is near a playground. The act took place roughly four minutes after children passed near the shelter.

Teacher of children......50 years ago in rural America this would never have gotten this far..

[Modernman]

Obviously someone was offended - if the police were there because citizens complained, and the activity was verified, I can't see how some yo-yo judge can decide nobody who could be offended witnessed the activity. What they just did was give a tacit consent to expose passing children to this sh**

I can't fault the judge for strictly reading the statute here. It appears that nobody unwillingly witnessed this particular event (the cop doesn't count). If a kid had seen this, though, it would have been a pretty easy conviction.

[Rightone]

Seems to me that the question should be whether or not it is legal or illegal to have sex in a public place. This IS a public place and 6 guys were videotaped and viewed by an officer having sex there. That's illegal and they were caught at it.

[AppyPappy]

Remember, they are just like us.

[AppyPappy]

Except sex does not include oral sex.

[69ConvertibleFirebird]

...the only person who witnessed ... was an investigator who was paid to be there.

COOL!!! I don't have to pay for speeding tickets when only one salaried cop is there to witness my speeding and give me the ticket!!! Woo Hoo!!!

[Modernman]

"It does not matter that others could have viewed the defendant's conduct," Smith ruled. "They did not."

I think this was what kept the state from getting a conviction- the relevant law probably requires an unwilling person to witness the behavior for it to be considered indecent exposure. The formula is probably lewd conduct + unwilling viewer. I guess it would probably be legal under this law to have a gay orgy in wilderness if nobody else is around.

They might want to think about re-writing this law.

[EdReform]

"It was a consensual sexual act that took place in what they presumed would be a hidden, out-of-sight area hidden from public view," he said.

In a public picnic shelter, near a public playground? Homosexuals are sick.

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[Steely Glint]

Cops can't be witnesses any more? Another idiot judge.

[11th Earl of Mar]

By JEFF ECKHOFF
Register Staff Writer

Written by Jeff Eckhoff??????

"J.Eckhoff" for short?

Why does he always get assigned stories like this?

[First Amendment]

Judge should be impeached!!!! Now!!! Obviously people knew about what was going on in order for the cop to be there? Obviously the community knew the place was being used as a cruising grounds for homos. That's why the cop was there! Right next to a playground! And kids were there 4 minutes before!! What is the stupid/criminal judge waiting for - kids to be the victims, or wait until the homos commit sodomy on a Saturday morning under the swings? I hope to God that people in the community are outraged and throw this judge out however they can!!!
And the sodomite fiend is/was a TEACHER!!!

Good parents, YANK your kids out of school YESTERDAY!!!