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Rip Torn's Homeland Defense

2/17/2010 1:06 PM PST BY TMZ STAFF

Rip Torn's burglary case -- which was supposed to go before a judge today but didn't -- may not stick ... ironically, because of alcohol.

Rip Torn's Homeland Defense
Rip was arrested last month after cops found him inside a bank with a loaded gun. But today, Rip's lawyer, Tom Waterfall, told TMZ Rip has what may be an airtight defense -- he thought he was in his Connecticut home (left) and not in a bank (right).

So, you say, the house is green and the bank is yellow. Not when you've been drinking. You say the house appears smaller than the bank. Not when you've been drinking. And, Waterfall says, the bank was once a house.

Short story ... an old man comes home in the dark after a night of drinking, the keys don't unlock the door so he breaks the window, enters, and goes to sleep. When the cops arrive Torn even asks why they came to his home. So good luck to prosecutors who try to prove Rip had an intent to steal.

As for the firearms charges ... that's a toughie. Rip's in rehab and Waterfall hopes he can convince the judge to go easy.

39 COMMENTS

No Avatar
16.

Xplizit    

hey again....

what about all the brothas hanging out on stoops at 6 in the morning in my area drinking 40`s,smoking pot and selling drugs.alcoholism is not a whites only disease and a trip to any state run (not private) facility will show a lot of color.if thats the case:is crack a black only disease because most people in the ghetto use it sell it and are black? is coke an Italian and Latin only thing because a higher percentage of them use it? does this also mean all jews are thieves? ALL fat people are only fat because they eat a lot and not genetics? i see alot of fat white and more fat black woman than any other race!

1679 days ago
17.

London not England    

ARHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!


There's a CRAZY OLD White Man Breaking into my HOUSE!!!!!!


"sniff.."sniff"...........

And I think he's DRUNK!!!!

Eeeeeeeeeeeeeeeeeeeeeeeee!!!!!!!!!!!!!!!!!!!!!!!!!!

1679 days ago
18.

London not England    

NOW YOU KNOW....


IF THAT HAD BEEN A 79 YEAR OLD BLACK MAN....

HE'D BE UNDER THE JAIL....

The old "I WAS DRUNK, AND DIDN'T KNOW I WAS BREAKING INTO A BANK" defense wouldn't fly...
C'mon....

ya'll know it wouldn't!

1679 days ago
19.

Yankee Diddler    

Hey, What the hell, most of us have done worse. As someone else said, no harm, no foul. He wasn't trying to rob the bank, just get home and sleep it off. And, at night, in the dark, and averaging the road with one eye closed, those two buildings do look somewhat alike.

1679 days ago
20.

Highlander    

I think the guy is cool but they have to be able to prove he has Alzheimer's or the beginning of it because he can remember lines in a movie but can't remember where he lives.

As far as the idiot that said "typical white people." Let's see: OJ, Jason Williams, Tiger Woods, Plaxico Buress, Tank Johnson, Pac Man Jones, Chris Brown, Gary Coleman, and on and on and on. It happens in ALL races.

1678 days ago
21.

Fan Of Living    

Ummm, so what happens when this guy breaks into another house when he's wasted. And people are home. And he shoots them because he thinks they are in his house? Armed drunks are never a good idea. Toss his ass in the can until he dries up forever

1678 days ago
22.

bobby    

If you think you are in your own home whats wrong with having a gun in what you think is your own home. It's not against the law to have or carry a gun in your own home. just my opinion.

1678 days ago
23.

Brian    

Burglary is a specific intent crime. Intoxication (i.e. being stupid drunk) may be a defense.



1678 days ago
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