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Nature calls, it's the law that answers

MERRIMACK – Police arrested a Boston woman for peeing on the police station after they refused to let her companion use the bathroom, police said.

Marta Marquez, 28, of 889 Harrison Ave., Boston, was arrested for indecent exposure, a violation punishable by a fine of up to $1,000, Capt. Michael Dudash said.

Marquez stopped at the police station at about 1:50 p.m. Wednesday along with Robert Futch, 55, of 103 Endicott Ave. Revere, Mass., who was wanted on a 12-year-old traffic complaint, police said.

While they were there, Futch asked to use a restroom, Dudash said. Police refused, citing security concerns and department policy. There is no public restroom at the police station, Dudash said.

“We just don't have time to watch people use the bathroom in our station, because (the building) is secure,” he said.

Futch was wanted for failing to show up in Merrimack District Court in 1996 on a charge of driving after revocation. He was booked and released on $100 bail, with a hearing Nov. 16 in district court, police report.

After Futch and Marquez left the station around 2:30 p.m., police saw them walk around the west side of the building. Capt. Peter Albert looked out to see Marquez urinating on the sidewalk and against the building.

“Capt. Albert exited the west entrance of the Police Station to discover Marquez urinating on the sidewalk and building,” police said, adding “It should be noted that in plain view, approximately 50 feet away, the Lisa's Tippy Toes Daycare was in session.”

Marquez was arrested, booked on the violation, released on personal recognizance and summoned to join Futch on the Nov. 16 docket in Merrimack District Court.

Indecent exposure was a misdemeanor in New Hampshire until this year, punishable by up to a year in jail. The legislature changed the law to make public urination a violation on first offense.

Violations carry a fine of up to $1,000 but are not punishable by incarceration.

Unlike criminal offenses, 
a person doesn't have to 
knowingly break the law to be guilty of a violation, Dudash noted.

“It's strict liability. You can commit a violation without even knowing you did it,” he said.

Police took the urination merely as a violation of state law, not as an insult, Dudash said.

“No, she did not piss us off,” he said.

Andrew Wolfe can be reached at 594-6410 or awolfe@nashuatelegraph.com.


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Added: Oct-2-2009 Occurred On: Oct-2-2009
By: gregory_peckory
In:
News
Tags: police, urinate, arrest, indecent exposure, Merrimack, NH
Location: Merrimack, New Hampshire, United States (load item map)
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