Three years ago, Portage, Wisconsin police videotaped David W. Johnson, 59, having sex with his wife. Not in his home, but in a nursing home, where his wife was, and continues to be, in a coma.
The videotaping stemmed from suspicions the nursing home staff had that Johnson was having intercourse with his comatose wife who had not recovered from a stroke. They felt if that were the case he was committing a criminal act since his wife was unable to give consent. The staff contacted the police, who set up a video camera and taped Mr. Johnson and his wife for three weeks.
As a result of the videotape evidence, a lawsuit was filed against Johnson for felony sexual assault.
This week, a Court of Appeals ruled that the police violated Johnson’s Fourth Amendment rights against unreasonable searches when they installed a hidden video camera in the room. He had a right to expect privacy when he closed the door to his wife’s room.
The evidence had been tossed out last year by a county court, but prosecutors appealed that decision. Prosecutors may now take it to the state Supreme Court.
Johnson’s sister-in-law has gone on record as saying she believed her sister’s husband was “merely expressing his love for his wife and was trying everything he could to bring her back to consciousness.” Johnson had visited his wife every day, reading the Bible to her and moving her arms and legs to keep her muscles flexible. The couple, who married in 1988, had no children.
Johnson’s lawyer, T. Christopher Kelly, of Madison, said his client should be left alone.
"Mr. Johnson deeply loves his wife," Kelly said. "He’s spent every day talking to her, holding her, trying to stay connected with her and bring her back. I think he’s entitled to privacy in this matter."