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Legal Commentary

: Althouse

"If the cow had the cognitive ability to form thought and speak, would it say, 'Where?s the milk? I?m not getting any milk.'"

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What the judge said, explaining why he was dismissing animal cruelty charges brought against a police officer ? Robert Melia Jr ? who induced 5 calves to suck on his penis.
[Judge James J.] Morley went on to explain that children are comforted by pacifiers and perhaps cows are equally pacified by police officers in these cases: ?They [children] enjoy the act of suckling,? the judge said. ?Cows may be of a different disposition.? You are allowed to throw up in disgust at this point.
Morley ignored that one cow head-butted Melia in the stomach and appeared far from happy. The prosecutor objected that the cows were ?very upset? by Melia?s action and stated ?I think any reasonable juror could infer that a man?s penis in the mouth of a calf is torment. It?s a crime against nature.? The problem is that New Jersey does not currently have a ban on bestiality as opposed to animal cruelty.
If New Jersey wants to prosecute people for this kind of behavior, it has to have the appropriate statute on the books. What Melia did with animals may be disgusting, but it is more disgusting to convict human beings of crimes they have not committed.

Full post as published by Althouse on September 25, 2009 (boomark / email).

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