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A smiling happy crotch will land you in jail

 
 
Reply Fri 18 Mar, 2005 01:15 pm
Quote:
Police Charge Man for Flashing With Banana
March 18, 2005 7:42 AM EST

GREENWICH, Conn. - A former Stamford police officer has been charged with lewd conduct involving a toy banana. Arthur Bertana, 62, who had been on probation for lewd conduct more than four years ago, was arrested Saturday after police said he placed a toy banana in his pants and flashed people.

Bertana was charged with breach of peace and interfering with a police officer.

"Over a span of time, there were several reports of a subject wearing extremely tight pants with an obvious bulge stuffed down his pants," Sgt. Roger Petrone Jr. said Wednesday.

Bertana would allegedly greet passersby on the busy street while trying to draw attention, Petrone said. At times, he placed a bag in front of his pants, then moved it and show the bulge, he said.

"It was a yellow, plush, child's toy banana," Petrone said. "It had a smiley face on it."


Bertana was released on a $5,000 bond for a March 21 appearance in Stamford Superior Court in Stamford.



Good thing the smiley face didnt have a tongue..
that would have been a felony...
Laughing
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Type: Discussion • Score: 0 • Views: 4,239 • Replies: 20
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smog
 
  1  
Reply Fri 18 Mar, 2005 02:15 pm
Good to know. Looks I'll have to change my weekend plans, or at least cancel that trip to Stamford, Connecticut.
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shewolfnm
 
  1  
Reply Fri 18 Mar, 2005 02:18 pm
Laughing

maybe, if you took the smiling face OFF your bananna, you might not get into any legal trouble.
maybe the face was the legal loop hole the police needed.
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smog
 
  1  
Reply Fri 18 Mar, 2005 02:22 pm
Or maybe a frowning face. They can't really arrest someone with a frowning crotch, now can they? I mean, the sight would be more sad than obscene that way.
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Debra Law
 
  1  
Reply Fri 18 Mar, 2005 02:26 pm
What law criminalizes the stuffing of a toy banana into one's tight pants? Is it the resulting bulge that is illegal or other people's reaction to observing the bulge? How does the public display of a bulge in one's pants breach the peace?
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Debra Law
 
  1  
Reply Fri 18 Mar, 2005 02:32 pm
If the sight of a bulge in someone's pants is grounds for arrest . . . I dare say that many men out there are committing crimes.

I hope the bulge police do everything in their power to get those men who dance around in tights off our public stages. You know . . . during those sissy ballet performances . . . .
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smog
 
  1  
Reply Fri 18 Mar, 2005 02:34 pm
I'd be all right with that. Damn sissies...
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shewolfnm
 
  1  
Reply Fri 18 Mar, 2005 02:34 pm
I was wondering that as well.
If it is just the buldge that is -law breaking- then any man can be arrested.
Confused
Or maybe it was the referrance to sexual organs?
If that is the case, then all married couples, dating people, teenagers, elderly, and any other sexualy active person should be arrested. They have said things that were in referrance to someones sex organs at one time or another right?
Confused


I dont know the whole story.. this is all I found. I am hoping there is some merit to this legal charge that was filed against him. But if it is just because he had a buldge... im with you on your question as to why this breaches peace Debra. As i said, if that is the case, then any man can be arrested.
0 Replies
 
Debra Law
 
  1  
Reply Fri 18 Mar, 2005 02:38 pm
Yes definitely. Due process of law abhors vague and ambiguous laws. If it's the public display of a bulge in one's pants that renders an individual subject to arrest and criminal prosecution, then the law ought to speak with clarity. How big does the bulge have to be before it breaches the peace?

ROFL
0 Replies
 
Debra Law
 
  1  
Reply Fri 18 Mar, 2005 02:57 pm
disgusting, unlawful bulges
http://www.fotosearch.com/thumb/DGV/DGV617/770023.jpg

What do you think? Legal or illegal bulge?

http://www.ballett-ballet.de/verteil60465.jpg

Now this guy is trying to cover up his crime. He is trying to conceal the illegality with his hands . . . but the bulge is there nevertheless.
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shewolfnm
 
  1  
Reply Fri 18 Mar, 2005 03:03 pm
ROFLMAO!!!!

if he is in tights its illegal..
if he is in jeans, he should call me!!!!!!!!!!
0 Replies
 
Debra Law
 
  1  
Reply Fri 18 Mar, 2005 03:17 pm
But . . . how can we know for sure regardless of whether the criminal suspect is wearing tights or jeans?

It might be a naturally occurring bulge or it might be an illusion perpetrated upon us through the conniving use of a pair of rolled up socks or a toy banana.

Ah . . . but then we get into the criminal aspects of false advertising.
0 Replies
 
shewolfnm
 
  1  
Reply Fri 18 Mar, 2005 03:22 pm
Hmm

and, how exactly do you PROVE that there is a foreign object in the defendants pants?
Reach right in there and check it out I suppose?
BUT- isnt that sexual harassment?
how about molestation?
He cant DROP his pants to show you because that would be exposure/flashing.. wich is another charge..

( Poor man was probally just joking around with people and someone got upset, called police and screamed sexual harassment )
>sigh<
0 Replies
 
Debra Law
 
  1  
Reply Fri 18 Mar, 2005 03:28 pm
I think this poor guy who got his kicks out of wearing a toy banana in his tight pants was a more likely candidate for the looney bin than a jail cell.

LOL

But . . . I would LOVE to be his lawyer. This is the kind of case that would make writing the motion to dismiss and brief in support of motion a very entertaining endeavor.
0 Replies
 
shewolfnm
 
  1  
Reply Sun 20 Mar, 2005 10:31 pm
Would you have him display said 'buldge' in the court room?
LMAO!!
0 Replies
 
Debra Law
 
  1  
Reply Mon 21 Mar, 2005 01:10 pm
I think I would ask the prosecutor to demonstrate the illegality. LOL

Then . . . I would rip off my suit jacket and display a tight shirt covering two bowling balls held in place over my chest by a very large bra.

Then . . . I would ask if the law not only prohibited the toy banana in the prosecutor's pants, but also the bowling balls under my shirt. . . . ROFL

That would be a start . . . .

Hmmmmm. I would ask that the law be declared unconstitutionally vague as applied to the case of the banana in the pants because we don't know where to draw the line between legal and illegal, but illusory body part enhancements. Would a pair of rolled up socks be okay, but not a toy banana? What about a football? If I wore a football in my pants, would I be breaking the law? Would a padded bra be okay, but not bowling balls? Would a penile implant be okay? Would breast implants be okay? or just NOT breast implants that would breach the peace?

Due process of law requires that criminal laws provide people with adequate notice of what conduct will subject them to criminal penalties. Is the breach of peace statute written with sufficient clarity that a person would be on notice that stuffing an object underneath his clothing that results in an apparent bulge would be grounds for his arrest?
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shewolfnm
 
  1  
Reply Mon 21 Mar, 2005 01:27 pm
Hmm...
this sounds like a script for Saturday night live...
haha!
0 Replies
 
Debra Law
 
  1  
Reply Wed 25 May, 2005 03:34 pm
Man Gets 20 Days in Toy Banana Flashing

Quote:
STAMFORD, Conn. - A former Stamford police officer has been sentenced to 20 days in jail for lewd conduct involving a toy banana. Arthur Bertana, 63, was ordered to serve a 4 1/2 year prison term suspended after 20 days and one year of probation.

Bertana, who had been on probation for lewd conduct in Stamford more than four years ago, was arrested in March after police said he placed a toy banana in his pants and flashed people on a main Greenwich Ave.

Police said he would place a shopping bag in front of his pants, exposing a bulge to women in a sexually offensive manner.

"It was a yellow, plush, child's toy banana," Sgt. Roger Petrone Jr. said at the time of Bertana's arrest. "It had a smiley face on it."


The really NUTTY part about the smiley-faced-toy-banana-stuffed in the crotch case, is if the defendant violates his probation, he can go to jail for 4 1/2 years.
0 Replies
 
goodfielder
 
  1  
Reply Thu 26 May, 2005 09:43 am
So if it falls out can he be pinched for a breach of the codpeace?
0 Replies
 
Setanta
 
  1  
Reply Thu 26 May, 2005 09:50 am
King Charles II would have never gotten out of jail . . .


Good King Charles
Thy scepter and rod
For 'tis said the latter
Is of a size with thy cod



That piece of doggerel is atrributed to the Earl of Rodchester . . .

(And the historical rumor is that Charlie was hugely endowed . . .)
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