Man Asks Iowa Court to Settle His Dispute with Ex-Wife with “Trial by Combat”
A man from Kansas has asked the Iowa Court system to allow him for trial by combat so he can settle his differences with his ex-wife, and her attorney. He'd like to meet them "On the field of battle where he will rend their souls from their corporal bodies."
David Ostrom, 40, of Paola, KS, claims his ex-wife has "has destroyed him legally." He petitioned the Shelby County District Court to allow this to happen, but to give him 12 weeks of "lead time" so he can find or make a katana and a wakizashi sword.
David looked over the laws and found that there is a loophole, which he argued in court, saying "To this day, trial by combat has never been explicitly banned or restricted as a right in these United States."
He said his ex-wife may battle him herself, or may choose her attorney to be her "Champion."
The attorney fired back by correcting his spelling first, then arguing the duel would most likely end in a death, and that the ramifications of the death would outweigh the cost of property tax or custody issues.
The attorney, Matthew Hudson said "It should be noted that just because the U.S. and Iowa constitutions do not specifically prohibit battling another person with a deadly katana sword, it does prohibit a court sitting in equity from ordering same." Hudson has asked the court to force David into a court-ordered psych evaluation, and suspended his visitation right.
David returned with a statement saying he knew he misspelled in the original request, and said he has no history of mental issues. He said in court history, the battle doesn't necessarily HAVE to end in death, but also when one party "cries craven."
The court has yet to rule on either party's petitions. David has no experience in sword fighting, and doesn't think the judge will approve his request. He said he does want an answer though.
The judge asked if he was serious, and he replied "If Mr. Hudson is willing to do it, I will meet him. I don't think he has the guts."
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