Sheeran set a trial date of May 8 for the trial, when Ronald E. Kuch, 45, of Saginaw will face charges of sodomy, indecent exposure and resisting and obstructing an Animal Control officer. If convicted of either of the first two charges, Kuch will then have a hearing on May 30, at which Sheeran will determine whether Kuch is a ''sexually delinquent person.'' If so, the judge could sentence Kuch to prison for any amount of time, from one day to a year, on top of the sentence from the initial charges, which carry up to 15 years in prison.

Kuch's defense attorney, Kathryn Fehrman, argued that Michigan's statute on sodomy and bestiality is vague and does not outlaw sex with a dead dog. Kuch is accused of sexual contact with the carcass of his girlfriend's dog on Oct. 20, about a week after the animal had been hit by a car. The alleged crime occurred near the Forest Day Care Center, 2169 W. Midland Road, on a school day. The teacher was leading an Animal Control officer to the dead dog so he could dispose of it when the pair discovered Kuch, who allegedly scuffled with the officer before fleeing into the woods.

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Fehrman asked Sheeran to overrule District Judge Craig D. Alston, who found probable cause that a crime had been committed and that Kuch was the perpetrator.

But Sheeran said Fehrman's interpretation of the sodomy law, which outlaws ''crimes against nature'' and bestiality as well, was off base. He said she ''attempts to use textualization to read the meaning out of the statute and argue that morality has no place in the law.''

Fehrman had said in previous written and oral arguments that a dead dog is not an animal and therefore cannot be violated against its will.

Sheeran said the purpose of the sodomy law is not to protect a specific victim, necessarily, but ''to prevent people from debasing and dehumanizing themselves.'' Such laws also protect society, Sheeran said, and ''prevents people from acting like animals themselves.''

Sheeran also upheld the indecent exposure charge. He said it was irrelevant whether the patch of woods where the alleged crime committed was public or private property.

''There was a substantial risk that someone might be offended.''

''If he didn't want to be observed, why did he commit it during the day near a daycare center?'' Sheeran said, saying that Kuch didn't commit the act ''accidentally or inadvertently.''