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In a state that requires aspiring divorcees to prove grounds, defendants in dissolution proceedings can find themselves needing to establish that they have not constructively abandoned their partners by denying them sex for more than a year. But how? For one New York state man, the proof was in the pill box: G.W. elicited as evidence of his and his wife C.W.’s lovemaking his physician’s testimony that he had taken Viagra and, purportedly, that it had worked. C.W. testified about their sexless vacations and her rebuffed sexual overtures notwithstanding his use of the erectile dysfunction drug following a radical prostatectomy. G.W. and his physician, Charles Glassman, testified to the contrary. Specifically, G.W. claimed that he and his wife made love at least once in June 2004, only seven months before she filed her complaint-well within the statutory one-year no-sex period for her claim. “In support of this contention, defendant testified that of the four-pill sample of Viagra 100 mg. given to him by Dr. Glassman and the 10-pill Viagra prescription that he filled in July 2003, six pills have been used since April 2003,” Westchester County Supreme Court Justice William Giacomo wrote. Although the evidence fell short of incontrovertible proof, Giacomo found it more credible than C.W.’s denials and dismissed the cause of action. C.W.’s attorney, solo practitioner Evelyn Isaac, said that her client was considering her options, including an appeal. “She’s certainly not going back with him,” Isaac said. -New York Law Journal His lesson didn’t take just one month after a man fulfilled a unique sentence for mail theft by carrying a scarlet letter-style sign for eight hours outside a post office, he committed yet another mail-related crime. And so, when it came to his latest sentencing, Chief U.S. District Judge Vaughn Walker of the Northern District of California did not get creative. He sentenced Shawn Gementera to a year in prison. The original sentence included two months in prison, plus an order to stand outside a post office with a sign announcing, “I stole mail. This is my punishment.” Gementera has admitted possessing a piece of mail containing a credit card approved for someone else a month after the sign punishment-and to missing scheduled drug tests, testing positive for methamphetamine and possessing drug paraphernalia. The judge seemed disappointed as he sentenced Gementera to prison. “You’re going to have to sit and think how you’re going to have to straighten out your life,” Walker told Gementera. “It’s all going to be up to you.” -The Recorder More bad education A former gym teacher in Florida pleaded guilty to taking $1-a-day bribes from middle school students who didn’t want to change their clothes for class. Under his plea deal, Terence Braxton, 28, was sentenced to three years’ probation for felony bribery, ordered to pay back the students at Ernest Ward Middle School in Walnut Hill, Fla., and ordered to perform 300 hours of community service. His Florida teaching certificate was permanently revoked, though Escambia County Circuit Judge Michael Allen’s ruling means Braxton could teach in another state. “I’m ready to get on with my probation and get back to teaching,” said Braxton of nearby Atmore, Ala. “It was a mistake, my first job. I regret doing it.” A second former gym teacher at the school, Tamara B. Tootle, 39, faces similar charges. During a recent court hearing, Tootle said she was unfairly dragged into the investigation. “I know how kids can talk, but I did not do this,” she said. -Associated Press

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