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April 29, 2009

Unusual porn case leads to unusual rejection of a federal plea deal

It is notable any time that a federal judge rejects a plea deal worked out by the prosecution and the defense.  But, as documented by local coverage here and here, an unusual porn case from Indiana is notable for lots of other reasons, too:

A federal judge rejected a plea agreement for repeat bestiality offender Michael Bessigano in Hammond federal court Tuesday, saying Bessigano's case doesn't justify a sentence below federal guidelines.

Judge Philip Simon said the confidential report from probation agents recommended a sentencing range between 33 and 41 months in prison for the Hobart man's conviction of downloading bestiality pornography.

Discussion in court indicated that, under the plea agreement between defense lawyer John E. Martin and Assistant U.S. Attorney Bernie Van Wormer, Bessigano could be sentenced to as little as two years in prison. Simon called the agreement "not appropriate," and said that if Bessigano persisted in his guilty plea without the agreement, he would be exposed to a tougher sentence.  Simon gave Van Wormer and Martin two weeks to work out another plea agreement. Simon said he would schedule a joint plea hearing and sentencing....

Before he faced federal bestiality charges, Bessigano spent more than four years in prison on an animal cruelty conviction for having sex with a chicken, then killing the animal in a Valparaiso motel room.

Though I will tolerate off-color jokes about this remarkable case, I will expect the jokes to go beyond obvious "choking the chicken" references.

April 29, 2009 at 09:50 AM | Permalink

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Comments

I imagine that PETA is diligently searching for counsel to file a CVRA motion...

Posted by: anonymous | Apr 29, 2009 9:59:06 AM

I guess that the attorneys didn't get all of their eggs in a row while writing that plea agreement.

Posted by: Zack | Apr 29, 2009 11:51:27 AM

Or watch Pink Flamingos.

Posted by: S.cotus | Apr 29, 2009 12:41:23 PM

So I guess "flog the dolphin" or "spank the monkey" would be off limits by analogy? I note from the second of your linked articles that Bessigano also killed a dog in addition to the chicken...assuming he did to the dog the same as to the chicken, does one assume that he did it **cough cough** doggie style? What, too far???

Posted by: ALB | Apr 29, 2009 2:29:43 PM

Judge simon is bang on right to reject the deal. This guy is not human

Posted by: live jasmin | May 30, 2009 7:58:49 PM

how in gods name do you have sex with a chicken. the ideas and thoughts that enter peoples heads are truly bizarre to put it lightly.

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