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Rape Suspect s Lawyer Claims It s Not Sexual Assault If Victim Is Dead
KEY POINTS
The defense attorney claims his client could not have sexually assaulted a woman as she was already dead
Wyoming does not have a law explicitly forbidding sexual activity with a corpse but it does consider mutilation of a corpse a crime
Prosecutors, however, provided evidence indicating Scott s client was aware his victim was alive at the time of the assault
A defense attorney from Wyoming attempted to have a court drop charges against his client in a murder-rape trial Thursday by arguing that his client could not have sexually assaulted a woman if she was already dead.
GRAPHIC CONTENT WARNING: The below story contains a description of a November 2019 murder-rape in Casper. Additionally, this story describes autopsy photos jurors viewed during testimony in the trial. Discretion is strongly advised.
Asking for charges to be dismissed during a murder trial Thursday, a Casper defense attorney said his client could not have sexually assaulted a woman if she was already dead. You cannot sexually assault a corpse, Marty Scott argued in Natrona County District Court, adding Wyoming does not have any laws regarding such an act.
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Scott is representing Anthony Rodriguez, who is charged with first-degree murder, felony murder and domestic battery in the November 17, 2019 death of Mary Fogle.
Defendant In Casper Murder-Rape Trial Gives Bizarre Testimony
GRAPHIC CONTENT WARNING: The below story contains a description of a November 2019 murder-rape in Casper. Discretion is strongly advised.
A Casper man accused of brutally beating, stabbing and then sexually assaulting his mother-in-law gave unusual testimony during his jury trial on Thursday.
Anthony Rodriguez is charged with first-degree murder, felony murder and domestic battery in the November 17, 2019 death of Mary Fogle. Prosecutors rested their case during the fourth day of the trial Thursday afternoon.
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Rodriguez has pleaded not guilty and not guilty by reason of mental illness to the charges.