Gary Moody appears to have a problem. In 2005, he pleaded guilty to trespass in a pit toilet in White Mountain National Forest property in New Hampshire. He was ordered to seek help. However, he has now been arrested again for climbing down into a pit toilet at the park. It turns out that it is a crime to climb into a public pit toilet.
Moody, 49, is from Pittston, but that does not explain his affinity for pit toilets.
A 9-year-old boy reportedly saw Moody climbing out of the toilet, which must have triggered years of therapy for potty issues for the boy. (This almost as bad as the clown toilet, here).
It fell to agent William Fors to investigate and says that Moody admitted that he had been in a toilet at the Hastings Campground on Memorial Day. He reportedly told Fors that he dropped his shirt in the toilet and had to climb in to get it. Not only does that hardly seem a predictable choice (as opposed to get a new shirt), it is also the same basic excuse that he used in 2005. On that occasion, he said that he dropped his wedding ring into the toilet. Notably, officials were kind enough to search the toilet for the ring — and found nothing. Fors said that, upon closer questioning, Moody admitted that he was not trying to retrieve clothing and admitted to an “outhouse problem.”
He is not the only criminal defendant with potty issues, here.
Moody has been charged with one count of attempted violation of privacy, one count of entering an enclosed area not open to the public and one count of leaving refuse in an exposed and unsanitary condition. I am not sure where the privacy charge comes from. Unless he remained in the toilet during the use by others, it is hard to see what is private about the refuse. The Supreme Court has ruled that garbage loses its protection under an expectation of privacy once it is put on the curb. People would have even less expectation of privacy in their human waste. However, I am particularly interested in the unlawful entry charge. It appears that the toilet is public but not the inside of the toilet despite its exposure to the public.
There is also the obvious question of insanity. Irresistible impulse has been eliminated in many states as the basis for an insanity claim. This would seem like a pretty good case for such a defense if it is available.
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