
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).
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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