Call it the Seinfeld defense: An attorney for a man who pleaded guilty to a conspiracy charge in the takeover of an Oregon wildlife refuge says his client tested positive for morphine because he ate an "everything" bagel with poppy seeds. A federal judge in Portland, Oregon, on Monday ordered Jason Blomgren to avoid poppy seeds in addition to drugs. Blomgren took a plea deal for his role in the armed occupation of the Malheur National Wildlife Refuge last year, reports the AP. His sentencing isn't until Aug. 28 (he'll likely get probation) but he's been under the supervision of federal officers, who believed a May 22 urinalysis test indicated he was taking opiates against the terms of his release and should be taken into custody.
In court papers, Blomgren's lawyer, Robert W. Rainwater, said he wanted an investigator to testify that Blomgren told her he consumes an everything bagel daily, and did so on the morning of May 22, reports the Oregonian/Oregon Live. The petition to find Blomgren in violation of supervision was yanked Monday, but the judge added the bagel condition at the US Attorney's request. Blomgren says he'll sub in egg whites going forward. (Poppy seeds were a problem for a new mom, too.)