# Irritable bowel cited as defense for attack



## Jeffrey Roberts (Apr 15, 1987)

http://www.nj.com/news/expresstimes/pa/ind...03955316300.xml Irritable bowel cited as defense for attack Woman humiliated by lack of toilet paper, court told.Wednesday, October 08, 2003By RUDY MILLER The Express-Times EASTON -- She had just stabbed her drunken and abusive husband, but for Rita Oswald the fireworks were just beginning. The 35-year-old former Northampton Borough resident allegedly attacked a Northampton County Prison guard on Sept. 21, 2002, according to testimony Tuesday in Northampton County Court. In the prison, she threw a pen and raised her fists in anger at the guard around 5:30 a.m., about five hours after the stabbing, court documents say. Oswald had a reason to be upset with the guard, according to her attorney, Michael Applebaum. "She had a bad case of diarrhea," Applebaum said. Oswald suffers from irritable bowel syndrome, and the stress of the attack and incarceration triggered an attack of the uncomfortable condition, the attorney said. When the episode passed, there was no toilet paper for Oswald to clean herself, Applebaum said. Oswald asked the guard twice for toilet paper, and when none was provided she was forced to wipe herself with her underwear and flush the garment down the toilet, Applebaum said. "She was rather embarrassed by having this occur," Applebaum said. Court documents say Oswald was "belligerent" toward the guard, but that is an exaggeration, according to her attorney. Applebaum said she didn't throw the pen across the room at the guard. She bounced the pen off a desk and it grazed the guard's face, according to Applebaum. Court documents say police arrived at Oswald's home in the 1800 block of Main Street to find her husband, Scott Oswald, holding a towel around his bloody arm. Oswald cut her husband with the knife. The injury followed an attack by her husband, according to Applebaum. "Mr. Oswald was drunk," Applebaum said. "He was extremely jealous. He was beating her up. He was throwing her around the room. She was thrown around like a rag doll." Applebaum said Rita Oswald picked up the kitchen knife to defend herself. She cut her husband's arm as they struggled. She called police when she saw him bleeding, Applebaum said. Oswald pleaded guilty to recklessly endangering another person for the stabbing incident. In exchange, an aggravated assault charge was dropped. She pleaded guilty to disorderly conduct and harassment for the incident in the prison. In exchange, a second count of aggravated assault was dropped. Oswald may have a criminal record out of state, which could affect the state sentencing guidelines for her case, according to Assistant District Attorney John Obrecht. Oswald now lives in Louisa, Va., court documents say. She said she and her husband are separated. Northampton County Judge F.P. Kimberly McFadden ordered a drug and alcohol evaluation for Oswald, a pre-sentence investigation and doctor's report to verify Oswald's diagnosis of irritable bowel syndrome. Oswald's sentencing is set for Dec. 5. Reporter Rudy Miller can be reached at 610-258-7171 or by e-mail at rmiller###express-times.com. Copyright 2003 NJ.com. All Rights Reserved.


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