I'm surprised that they didn't go with the "I'm an artist and can do anything that I want in the name of Art" defense... It might not pass the laugh test in front of any sane jury, but it would make him a 'hero of the Revolution'. If Karen Finley can smear her semi-nude body with feces* and call it Art, there's no reason why this guy can't do the same thing, right?
* She claims that it was chocolate, meant to symbolize feces.