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BlueMule
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Posts: 1621
From: Kent Island, MD USA M&M # 2423
Registered: Sep 2002

posted 01-04-2006 03:06 PM     Click Here to See the Profile for BlueMule   Click Here to Email BlueMule     Edit/Delete Message   Reply w/Quote
Mooning Deemed 'Disgusting' but No Crime in Md.

By Ernesto Londoo
Washington Post Staff Writer

Wednesday, January 4, 2006;
Acquitting a Germantown man who exposed his buttocks during an argument with a neighbor, a Montgomery County Circuit Court judge ruled yesterday that mooning, while distasteful, is not illegal in Maryland.
"If exposure of half of the buttock constituted indecent exposure, any woman wearing a thong at the beach at Ocean City would be guilty," Judge John W. Debelius III said after the bench trial, reversing the ruling of a District Court judge.
Debelius made clear his disdain for the defendant, calling the alleged act "disgusting" and "demeaning." The outcome could have been different, he suggested, if the man had been on trial for "being a jerk."
The case arose from a June 7 argument between the defendant, Raymond Hugh McNealy, 44, and a neighbor, Nanette Vonfeldt. Vonfeldt pressed charges against McNealy after he allegedly yelled and, according to Vonfeldt, threatened to "blow up my building" as she and her 8-year-old daughter walked out of their apartment, in the 20200 block of Shipley Terrace in Germantown.
"Then, for whatever reason, in full view of my daughter, he mooned us," Vonfeldt wrote in a court document. The two had a long-standing feud over issues before their homeowners association, which held a heated meeting the night before, McNealy's attorneys said. McNealy wanted Vonfeldt off the association's board, his attorneys said.
The case went to trial Sept. 12 before Montgomery District Court Judge Eugene Wolfe, who ruled against the defendant. Indecent exposure in Maryland is punishable by as much as three years in prison and a $1,000 fine.
McNealy's attorneys appealed the verdict, arguing that indecent exposure in Maryland constitutes the willful public display of a person's "private parts" -- which, they argued, do not include a person's buttocks.
Senior Assistant State's Attorney Dan Barnett said the indecent exposure law in Maryland is ambiguous.
"In our minds, this was not a bathing suit scenario," said Barnett, who supervises Montgomery County prosecutors who handle cases in District Court. "This was a grown man exposing himself to an 8-year-old girl."
Defense attorneys cited a 1983 case of a woman who was arrested after protesting in front of the U.S. Supreme Court wearing nothing but a cardboard sign that covered the front of her body. The D.C. Court of Appeals ruled in 1986 that indecent exposure is limited to a person's genitals.
James Maxwell, one of McNealy's attorneys, said yesterday's ruling should "bring comfort to all beachgoers and plumbers" in the state.

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-Paul

70 Mach1 351C/FMX
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mellowyellow
Gearhead

Posts: 7367
From: So. Fl.
Registered: Aug 2000

posted 01-04-2006 03:48 PM     Click Here to See the Profile for mellowyellow     Edit/Delete Message   Reply w/Quote
Best mooning I ever saw: My ex and I, and another couple, were driving up Dixie Hwy. past the U. of Miami, on a Sat nite outing. Stop for a lite and car full of young hotties, pull up, honk the horn. Look over to see a total, and I MEAN TOTAL "moon over Miami". Let the window down and yelled All right!! We figured it was probably a sorority hazing initiation.

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69 Sportsroof
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Posts: 2332
From: Valley, Alabama, USA
Registered: Mar 2002

posted 01-05-2006 11:39 AM     Click Here to See the Profile for 69 Sportsroof   Click Here to Email 69 Sportsroof     Edit/Delete Message   Reply w/Quote
quote:
Debelius made clear his disdain for the defendant, calling the alleged act "disgusting" and "demeaning." The outcome could have been different, he suggested, if the man had been on trial for "being a jerk."

I'd be willing to bet that this judge doesn't belong to a homeowners association. Those folks can be down right nasty.

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