A man claiming to be the "spokesman" of a jogger dubbed the "Mad Pooper" - who was caught on camera publicly defecating on the lawns of Colorado homes - says the woman has no choice after a botched gender assignment surgery.

In a now deleted YouTube video, the "spokesman" said the jogger is also suffering from a traumatic brain injury, according to KRDO.

He said he was speaking on behalf of the Colorado Springs jogger who he dubbed "Shirley" and said she is sorry for her actions, news.com.au reports.

According to him, "Shirley" can no longer control when and where she has to go after undergoing the reassignment surgery.

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His far-fetched statement added that the jogger was well within her rights to go wherever she wants to and her toilet habits are protected under the First Amendment and will not be controlled by the government.

A number of criminal lawyers have blasted the notion that "Shirley" is protected by the First Amendment, including defence lawyer Jeremy Loew.

"Defecating in someone's yard is definitely not protected under the First Amendment and it is actually a crime," Mr Loew told KRDO.

"This is actually the worst thing the family could do. Maybe they thought the videos would make the situation go away, but they won't. People all over the world are talking about this, and police will catch her. The man in the video will also have to be called into court to testify."

"Shirley" made headlines last week when a mother publicly begged the woman to stop using her lawn as a toilet.

Cathy Budde, from Colorado Springs in the US, said she first became aware of the woman's crappy habit when her children came running inside.

"They came screaming, you know, 'you're not going to believe this!' They're like crying, I'm like 'what?' They're like 'there's a lady taking a poo!' And so I came outside and I was like 'dear goodness!'" she told local news outlet KKTV.

"I was like 'are you serious? Are you really taking a poop right here in front of my kids?' And she's like 'yeah, sorry'.

"I thought for sure, she's mortified, it was an accident. She'll probably go get a dog bag, come back, clean it up, you know, and never run here again."

Ms Budde said she's spotted the jogger popping a squat multiple times in the weeks since, and she even managed to snap a few pictures.

Worse still, the woman comes prepared with toilet paper in her pocket, which she also unceremoniously deposits on the grass.

"It's not like it's private, people can see you. I mean, we're seeing her!"

Colorado Police are still on the lookout for the woman.

- With Fox News