bloodrayne
04-25-2004, 09:18 AM
Alleged necrophiliac faces different charges
In a bizarre twist to a disturbing case, a man who allegedly had sex with the corpse of an elderly woman cannot be charged for that incident act.
Mahdi Allah, 48, was arraigned in court Wednesday morning and pleaded not guilty to one felony count of possession of stolen property and two misdemeanor counts of trespassing.
Allah was allegedly discovered by an employee Saturday morning in the basement of the Hogan, Sullivan and Bianco funeral home on Ninth Avenue, passed out drunk, with his pants down, on top of the cadaver.
But that apparently is not a crime in California. According to Assistant District Attorney Adrian Ivancevich, who is prosecuting the case, there are no laws in California that specifically address necrophilia.
"Trust me, we looked all over the penal codes. We looked everywhere. There is no charge for having sex with a corpse," Ivancevich said. "This is just one of those gaps that the legislature has not dealt with."
Ivancevich said there were laws against mutilating corpses and disinterment -- digging a body out of a grave -- but not against "having simple sex."
The upshot is that Allah, who did not speak during the arraignment, has been charged with the felony stolen property count -- the stolen key with which he allegedly let himself into the funeral home -- and the two misdemeanor trespassing charges. But the prosecutor will not even be able to touch upon necrophilia except in relation to one of the trespassing counts.
Ivancevich said that the maximum sentence for possession of stolen property is three years but that it was unlikely Allah would get the full sentence since the stolen property was only a key. There is even the slight possibility that Allah could get off with probation and time served if he is convicted of the current charges.
In light of the "unique circumstances," Ivancevich asked the judge to set bail at $100,000 and issue Allah a stay-away order from the Inner Sunset funeral home. The bail hearing will be held Friday
*Personal Note*...Why couldn't they just charge him with "Abuse Of A Corpse?"...Isn't that universally illegal?
In a bizarre twist to a disturbing case, a man who allegedly had sex with the corpse of an elderly woman cannot be charged for that incident act.
Mahdi Allah, 48, was arraigned in court Wednesday morning and pleaded not guilty to one felony count of possession of stolen property and two misdemeanor counts of trespassing.
Allah was allegedly discovered by an employee Saturday morning in the basement of the Hogan, Sullivan and Bianco funeral home on Ninth Avenue, passed out drunk, with his pants down, on top of the cadaver.
But that apparently is not a crime in California. According to Assistant District Attorney Adrian Ivancevich, who is prosecuting the case, there are no laws in California that specifically address necrophilia.
"Trust me, we looked all over the penal codes. We looked everywhere. There is no charge for having sex with a corpse," Ivancevich said. "This is just one of those gaps that the legislature has not dealt with."
Ivancevich said there were laws against mutilating corpses and disinterment -- digging a body out of a grave -- but not against "having simple sex."
The upshot is that Allah, who did not speak during the arraignment, has been charged with the felony stolen property count -- the stolen key with which he allegedly let himself into the funeral home -- and the two misdemeanor trespassing charges. But the prosecutor will not even be able to touch upon necrophilia except in relation to one of the trespassing counts.
Ivancevich said that the maximum sentence for possession of stolen property is three years but that it was unlikely Allah would get the full sentence since the stolen property was only a key. There is even the slight possibility that Allah could get off with probation and time served if he is convicted of the current charges.
In light of the "unique circumstances," Ivancevich asked the judge to set bail at $100,000 and issue Allah a stay-away order from the Inner Sunset funeral home. The bail hearing will be held Friday
*Personal Note*...Why couldn't they just charge him with "Abuse Of A Corpse?"...Isn't that universally illegal?