How to Investigate and Prosecute Animal Cruelty Cases Allie Phillips, J.D. Director of Public Policy American Humane Association 206 N. Washington, Suite 300 Alexandria, VA 22314 703.836.7387 [email protected]

“Anyone who has accustomed himself to regard the life of any living creature as worthless is in danger of arriving also at the idea of worthless human lives.” - Albert Schweitzer, Humanitarian

How criminal justice professionals handle dog training …

On your CD ROM

$150 on Amazon.com One chapter on your CD ROM

History of animal protection laws • 1821 = Maine passes first animal protection law • 1875 = Animal protection laws saved Mary Ellen Wilson from an abusive home • All 50 states and US Territories have animal protection laws • 100 Law schools teach animal law • 119 SALDF law school chapters • ABA, 16 state bar and 11 city bar associations have animal law sections

Why should you care about these cases? • Animal cruelty needs to be taken as seriously as any human violence case … predictor and indicator to other crimes – Old Attitude: “It’s just an animal!” – New Attitude: “Who will the offender harm next?”

• These crimes destabilize communities – Use these investigations to uncover drugs, weapons, etc.

• Animals feel and react to pain as humans • Animals are protected under the law • Prosecution ethics require criminal charging based on probable cause of available admissible evidence – Follow ABA and NDAA standards

• You will get press

Attitude is everything • The attitude of the investigator and the prosecutor will impact the case – Rational and systematic approach

• These are emotional cases • Do you want to receive hate mail and angry phone calls? • Or do you want to be a hero?

Who reports cruelty? • According to a study of 1,405 cases of animal cruelty, the overwhelming majority of reports came from: – – – –

33.6% from neighbors 14.9% from Police 15% from pet owners or their families 3.2% from animal control officers or shelters – .5% from Veterinarians

Source: www.pet-abuse.com

Crimes and Issues • What animal cruelty crimes occur here? – – – –

• • • • •

Do you have animal fighting? Do you have hoarders? Do you have puppy mills? Have you noticed The Link?

What is the response from investigators? What is the response from prosecutors? What is the response from judges? What is the response from the community? What issues do you have with animal cruelty cases?

Your new state animal cruelty laws

No Felony Laws: Arkansas Idaho Mississippi North Dakota South Dakota

Appellate Case Law • A search of Lexis Nexis found only 1 case • US v Stevens, 2008 U.S. App. LEXIS 15277 (2008) – Prosecution under federal Crush Act regarding depictions of animal cruelty on the Internet – On July 18th, the 3rd Circuit declared the statute unconstitutional

VI Code Ann, Title 14, Chapter 7 • Signed into law May 2005 • All animals, except pests that might be exterminated, are covered – This includes stray animals and wildlife

• • • • •

Intentional Cruelty – 2 degrees Neglect – 2 degrees Sentencing provisions Seizure No exemptions for Hunting, Animal Research, Farming/animal husbandry • Definitions that are open to interpretation

This is not prosecutable

Animal abuse – 1st Degree • VI Code Ann, tit 14, §181 • 2 year felony and $2,000-$5,000 fine • Maliciously or unnecessarily – Kills, tortures, maims, disfigures, wounds, or inflicts unjustifiable pain – Forces, causes or induces a minor to do any of the above – Ear cropping or tail docking – Uses (or traps to use) any animal as bait or prey particularly for training animals to fight • Excluding adult male fowl used in cockfighting

– Administers or exposes an animal to poison with the intent that it be swallowed or taken

What does this mean? • “Maliciously” means intentionally acting with a depravity of mind or reckless and wanton disregard for life – This is not specific intent

• “Unnecessarily kills” means an act that is not reasonably necessary to terminate an animal’s suffering, to protect the life of another person or animal, or if other means of disposing of the animal exist which would not impair the health or well being of the animal. – Is shooting or drowning unnecessary?

• “Unjustifiable pain” includes overloading, overworking, overdriving, over exercising, tormenting, unjustifiably beating or cruelly whipping, using a disabled animal, maliciously abandoning or restraining • You can prosecute the owner, the custodian and even a business

What can you prosecute? • Killing/shooting/drowning your own animal • Killing a neighbor animal (unless the animal is a danger to you or your animals) • Torture (consider each animal) – you will need a veterinary expert opinion or animal behaviorist • Setting out poison (even if you intend the poison for another animal) • Burning an animal

What can you prosecute? • Dragging or throwing animal from a car • Using your animal to harm another animal • Animal fighting (training dogs is “unjustifiable pain”) • Intentionally withholding food and water • Breaking/cutting limbs • Occult/Ritual/Satanic abuse

Animal Abuse – 2nd Degree • VI Code Ann, tit 14, §182 • 1 year misdemeanor or $500 fine • Intentionally and knowingly – Causes, permits, or inflicts unjustifiable or repeated physical pain, suffering or injury – Leads any animals from any vehicle or a trailer in a malicious or negligent manner – Transports or causes to be transported an animal in a malicious manner that results in unreasonable pain and suffering – Maliciously kills, wounds or traps any bird, destroys a bird nest or removes eggs/young birds from a nest

What can you prosecute? • • • •

Tethering Beating Collar imbedded in neck Allowing an animal to go without medical attention • Bestiality • Overfeeding your obese pet • What about dogs in the back of pick up trucks?

Powder, 44 pound foreclosure cat

Animal Neglect – 1st Degree • VI Code Ann, tit 14, §183 • Up to $3,000 fine and 500 hours of community service • Intentionally, knowingly, recklessly or negligently – For animals in a person’s custody or control, failing to provide adequate care that causes serious physical injury or death – Abandons or causes to be abandoned (foreclosure pets) without adequate care (exception for evacuations during disasters)

Animal Neglect – 1st Degree • Intentionally, knowingly, recklessly or negligently – Dispose of a live animal in a dumpster or disposal site – Allow an animal (regardless of age, disease, disability, etc.) to suffer torture or unnecessary neglect or pain • So how is this different from Animal Abuse 1st Degree?

– While driving, hit or injure an animal and fail to make reasonable efforts to contact the owner or provide to the animal’s well-being – Confine an animal in a motor vehicle or enclosed space where the temperature is high and causes or threatens to cause serious harm

What can you prosecute? • “Adequate care” means providing adequate food, clean water, shelter, sanitary conditions, exercise, rest, and vet care – Mass animal neglect

• Hoarding • Putting an old or diseased pet outside to die • Failing to provide adequate care (food, clean water, shelter, sanitary conditions, exercise, rest, and vet care) – Puppy mills or breeders that cage pets without exercise

• Abandoned/Foreclosure pets • Dog fighting (i.e., suffer torture/pain)

Foreclosure pets abandoned inside and outside homes is at an all-time high

Animal Neglect – 2nd Degree • VI Code Ann, tit 14, §184 • Up to $500 fine and 100 hours of community service • Intentionally, knowingly, recklessly or negligently – Fails to provide adequate care for an animal in custody which causes needless suffering – What about fur dying? • If a domestic animal is confined without food and water for more than 24 hours, DOA or any peace officer can enter and provide food/water

Hoarding • • • • •

This is a mental illness Psychological intervention is required Recidivism is currently at 100% No psychological treatment is available Get lengthy probation and order probation or APS home visits and removal of pets • http://www.childrenofhoarders.com

Chubbers Animal Rescue Maryland 2003 case of shelter hoarding

Puppy Mills • Masquerade as a legitimate commercial breeder or they hide underground • Frequently not licensed with USDA • They sell at dog auctions and to pet stores • Pets are often in poor genetic and physical health • Similar to hoarding situations

Seizure Law • VI Code Ann, tit 14, §187 • Applies to: – – – –

Dept of Ag Peace officers Animal Warden Agent of humane society or animal shelter

• When aware that animal is the apparent victim of abuse or neglect, the person SHALL take possession and deliver to a shelter or veterinarian. • Immunity from liability

Seizure Law • If animal is injured or diseased past recovery, then humane euthanasia is permitted to relieve pain and suffering. • Veterinarians just report to police, Department of Justice or Agriculture of any animal reasonably known to be abandoned, neglected or abused – Immunity from civil and criminal liability if reported in good faith

• Try to get a relinquishment of ownership • If abandoned, you can seize the animal • No bonding provision, but owner cannot get animal back until all fees for seizure have been paid

Seizure Hearings • If the animal is not euthanized, then notice must be given to the owner including rights to have a postseizure hearing and the costs • The owner/custodian has 3 days after delivery of the notice of seizure to contest it and must providing a physical and mailing address – If 3 days passes, the owner has relinquished rights

• Within 5 days of contesting, the Commissioner of Agriculture shall hold an administrative hearing and, if approving removal of the animal, file a complaint in Superior Court – The owner has 10 days to respond to this complaint – No jury trial right; preponderance of the evidence standard – Ownership transfers to the animal shelter

Sentencing options • VI Code Ann, tit 14, §185 • If convicted of any of the prior offenses, the court SHALL – Enter a court order enjoining the defendant from being a custodian of any animal for not less than 5 years and no more than 20 years from the date of sentence or release from custody – If the defendant receives probation, the court SHALL order the defendant to pay for and successfully compete counseling to evaluate and treat conduct disorders

• THIS IS FANTASTIC LANGUAGE!

Other laws to know • • • • • •

Stray livestock law: VI Code Ann, tit 14, §188 Dogs at Large: VI Code Ann, tit 14, §189 Vicious animals: VI Code Ann, tit 14, §190 Wrongful taking: VI Code Ann, tit 14, §191 Importation of snakes: VI Code Ann, tit 14, §192 Wrongful killing for personal use/gain: VI Code Ann, tit 14, §193 (this is your anti-hunting law) • Interfering with peace officer animals: VI Code Ann, tit 14, §194

Federal laws you should know • Currently 92 federal laws protecting animals • Crush Act (18 USC 48) Æ possibly unconstitutional • 2008 Farm Bill Amendments (to amend Animal Welfare Act, 7 USC 2131-2159): – Michael Vick laws (7 USC 2156): • Raised penalty to 5 years to possess or train fighting dogs

– Puppy Imports – age raised to 6 months before importing into US

Pets Evacuation and Transportation Standards (PETS) Act • Signed as Public Law 108-308 by President Bush in October 2006 • Requires state and local emergency preparedness operational plans to address the needs of individuals with household pets and service animals following a major disaster or emergency and that these plans must be submitted to FEMA.

American Humane’s Response after Hurricane Gustav

Investigating Animal Cruelty

Working with your Prosecutor’s Office • Find at least one animal-friendly or compassionate prosecutor who wants these cases – Experience counts!

• Take them to the shelter • Take them on a ride-along • Educate your prosecutor – The Link is persuasive

• Give them good cases • If you care, they will care!

What is the hesitancy on animal cruelty? • Prosecutors may be hesitant to charge: – Misunderstanding what acts constitute torture or unjustifiable pain – Disagreement that facts meet standard of intent – Overwhelmed with other cases

• Judges may be hesitant to hear a case: – Relying on century old case law from other states – Lack of understanding on what facts require the statutory intent – Clogged docket

What do prosecutors really want? • Consult with us early and frequently • “No stone left unturned” investigation • We love: – – – –

Search warrants Photos and videotaped evidence Bag and tag everything Interview all witnesses • Get us quotes – Confessions • We need more than “He said-She said” – Detailed, organized reports – Effective testimony

What do prosecutors really want? • We detest: – – – – – – – –

The CSI shows Sloppy investigations “I’ll do it my way” investigations “Dump it” warrant review process Poorly written reports Constitutional debacles Forgotten evidence Embarrassing, forgetful testimony

• If we charge, we want to do it right!

Cross Training/Reporting Multi-Disciplinary Teams • • • • • • •

Prosecutor Case Worker Law enforcement Health care provider Forensic interviewer Victim advocate Mental health professional

• Probation department • School personnel • Child Care Provider • Domestic Violence Worker • Humane investigators • Animal Control Officer • Veterinarian

You will need experts • Veterinarian: – Document physical condition before and after care (helpful in neglect cases) – Give opinion on standard of care that could have prevented the charged action – Conduct a necropsy to determine cause and manner of death – Give an opinion as to intentional –vs- accidental death or injury – Explain pain and degree of suffering for the animal

• Animal behaviorist • Toxicologist • Psychologist

Intentional Cruelty Cases • Retrieve the body for a necropsy – Get consent or search warrant

• Photograph/Videotape the scene • Interviewing Witnesses – – – –

Residents Children Neighbors Pet’s veterinarian

• Locate prior complaints, citations, etc. • Obtain expert opinion (intent and refute defense)

Common Defenses to Intentional Cruelty • “It wasn’t me.” • “It was discipline that got out of hand because the dog bit me/cat scratched me.” • “This was discipline and I didn’t realize it would cause this harm.” • “The pet fell … the pet is clumsy.” • “The cat walked past the candle and caught on fire.” • “The dog was going to kill me or my pet.” • “The dog/cat ran outside and was hit by a car.” • “This is not my pet.”

Animal Neglect/Hoarding • Photograph/Videotape the scene (including inside of home or outdoor conditions) – Empty/Missing/Frozen water and food bowls – Inadequate housing/shelter – Number of live and deceased animals

• Veterinary examination of each pet – Weight – Health – Necropsy

• Interview witnesses – Prior veterinarian for records of care – Are the children neglected? • Call CPS to investigate

Common Defenses to Neglect/Hoarding • “I run a hospice rescue group.” • Absent owner: “I’ve been away and I put someone else in charge.” • “My pet cannot gain weight/My pet is a picky eater.” • “My pet insists in living outside.” • “People leave animals on my doorstep and I am doing the best that I can.” • “This are not my pets.”

Animal Fighting • • • • •

Dogs, chickens, hog/dog Trunking – new method Surveillance or an informant Photograph/Videotape the scene Implements/Contraband – – – – – – –

Chains Weights on collars Tires (for strengthening jaws) Treadmills Small cages (for bait) High traffic Betting records

Animal Fighting • How many animals • Veterinary examination of each pet (Weight/Health) • Interview witnesses – Were children present?

• Coordinate with FBI • Do not assume these are bad/unadoptable dogs

Common Defenses • Michael Vick defense: “These are my dogs but I put someone else in charge of their care.” • “The dogs just naturally fight on their own.” • “My religion/culture does this.” • “We’ve been doing this for centuries.”

Dr. Leo - A former Vick dog becomes a therapist

Other issues to consider • • • • • •

Bestiality Ritualistic cruelty Stealing animals (larceny laws) Where to place seized animals Working with rescue groups Seeking help from citizens

Witness Interviews • Get background of family/situation – Other violence? • Get information on current and past pets • Get veterinary information – Consent for records • Observe behaviors – People – Vicious pets – Scared pets • Lock in statements regarding incident – Tape record if possible

Talking to kids about animals • Only have a trained forensic interviewer interview a child • Kids have and love their pets • The behavior that harms the animal is the behavior that harms the human • Asking about animals gets uncensored information from the child

Blue (therapy dog) Midland, TX

Civil issues in animal cruelty • Dangerous dog designation • Forfeiture of pets • Divorce/Custody case • Pet Protection Orders

Charging and Trying the Animal Cruelty Case

Assessment of Dangerousness in Perpetrators of Animal Cruelty • • • • • • • • •

Victim vulnerability (size, age, harmlessness) Number of victims Severity of injury Use of fire Repetition of injuries on individual victims (multiple wounds) Multiple forms of injuries (stabbing and burning) Victim was bound or physically incapacitated Duration of abuse Act was committed with high risk of detection

Assessment of Dangerousness in Perpetrators of Animal Cruelty • Other illegal acts were committed • Individual was the instigator of an act with multiple perpetrators • Animal cruelty was used to threaten, intimidate or coerce a human victim • Animal victim was subjected to mutilation or postmortem dismemberment • Animal victim was sexually assaulted, mutilated genitals, or sexual arousal occurred from the incident • Perpetrator documented the act of abuse -- Created by Dr. Randall Lockwood

Charging Decisions • Build these cases like a homicide • Who is your defendant? – Juvenile – Offenders with mental health issues

• How many victims to charge • Check criminal history (convictions, dismissals and incident reports) that involve all abuse • FRE 404b other acts evidence – motive, intent, preparation, scheme, plan, system of doing an act, absence of mistake or accident

• Always charge animal abuse when possible • Alternate charges (improper disposal, arson)

Going to trial • Jury Selection – Explore attitudes about animals – Get every juror to commit to follow the law then use that in closing argument

• Expert veterinary testimony – Be clear on intent, torture, unjustified pain – Necropsy – Standard of care

• Photographs/videotaped evidence • Testimony from a family member of the pet

Plea Negotiations • Stand firm – set your office standard now • Get the assistance of a psychologist • In multiple charge cases, do not summarily dismiss the animal cruelty charge • Probationary terms and/or court ordered counseling • Restitution • Surrender of ownership

Pet Protective Orders • This is a powerful tool even if your state is not listed. • 2006: Maine (custody order), New York & Vermont (custody order) • 2007: California, Colorado, Connecticut, Illinois, Nevada, and Tennessee • 2008: District of Columbia, Louisiana • 2008 pending bills: MA, MI, NJ, OH, PA • Bills that failed: AZ, DE, GA, IA, MD, RI, SC, TX, UT, VA, WA, WI

Sentencing & Probation Issues • Probation Orders prohibiting the owning of pets • Community service should never involve pets • Specialized counseling (empathy counseling) • Fully documented pre-sentence report for use in future incidents • Strong reaction by prosecutor may result in a strong sentence

Psychological Disorder • Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) • Conduct Disorder: “a repetitive and persistent pattern of behavior in which the basic rights of others or major ageappropriate societal norms or rules are violated” – Aggression toward people or animals is one symptom (added in 1987) – Animal cruelty is one of the earliest and most severe symptoms (Am. Psy. Assoc. 2000) – Mean age onset is 6-1/2 years

Psychological Impact on Children “It is now understood that childhood cruelty to animals is an important predictor of later antisocial and aggressive acts and that children showing these behaviors, without intervention, are at risk for enduring disorders in conduct and mental health.” (Becker & French, 2004; American Psychiatric Association, 1994).

AniCare Model: Psychological Counseling • Created by Society & Animals Forum (formerly Psychologists for the Ethical Treatment of Animals) • www.animalsandsociety.org

Keeping pets safe

Safety of Entire Family • If you suspect family violence, ask abused adult if he/she will leave with children if pets are removed and kept safe – May prevent later recantation – May prevent returning to the abusive home

• Did concerns about your pet’s safety stop you from seeking shelter sooner? • Did your children witness animal abuse? • Create domestic violence shelters that allow for housing of pets • Coordinate for shelter of pets at no-kill humane shelters or with rescue groups

American Humane’s Pets and Women’s Shelter (PAWS) Program Launched Feb 2008! National initiative to advise family violence shelters on how to allow families to bring pets with them

For help, contact PAWSprogram@ americanhumane.org

Case Examples • Horse Farm cruelty – What constitutes neglect and control

• 7 year old sexual abuse victim – Defendant Æ step-father – Oreo the cat to the rescue! – The Link = 404b evidence

• Ritualistic animal cruelty – Defendants Æ Four 17 year olds – Victims Æ Tasty the rat, Muscovy duck and a turkey – Prior history of abuse

Additional Resources

www.animallaw.info For animal laws and cases

www.petabuse.com For current animal cruelty cases and information