The Nevada Supreme Court — no stranger to such matters — will decide whether Onion, the Mastiff mix who killed his owner’s grandson on his first birthday, should live or die.
The court will hear arguments — 30 minutes worth, it has specified — on July 3 before deciding whether the city of Henderson should be allowed to kill the dog.
Another option has been offered by the Lexus Project, a New York-based organization that provides legal representation to dogs.
The Lexus Project intervened in the case and wants to gain custody of Onion, then send him to live at a secure sanctuary in Colorado.
The 120-pound mastiff-Rhodesian ridgeback mix killed Jeremiah Eskew-Shahan by biting him on the head the day of his first birthday party. Later that day, the owner turned Onion over to Henderson animal control officers, who planned to kill the dog in accordance with the city’s vicious-dog ordinance.
The city turned down the Lexus Project’s offer to take responsibility for the dog, and has fought its request to be awarded custody. Onion’s former owner now wants Lexus to have the dog, according to the Las Vegas Sun.
The court battle has been going on for a year now.
Last year, Clark County District Court Joanna Kishner ruled the city of Henderson could proceed with the dog’s execution.
The state Supreme Court issued a stay — it’s second in the case — until arguments could be heard.
Those will take place July 3 at 11:30 a.m.
Posted by jwoestendiek May 15th, 2013 under Muttsblog.
Tags: 120 pounds, animal control, animals, colorado, death, defense, dog, dogs, euthanasia, execution, henderson, jeremiah, legal, lexus project, life, mastiff, mix, nevada, onion, pets, rhodesian, ridgeback, safety, sanctuary, supreme court, the lexus project
She’d left the dog inside her Toledo home when she went to work that day. She’d secured the gate of the fence around her yard. And Duke, even if he did manage to somehow get out of her house, had never left the yard before.
Curry returned home from work to find Duke was gone.
A note was left on her door by the Lucas County dog warden. When she called the phone number on it, she was informed that she was being charged with failure to confine her dog.
Toledo Police had been to her home earlier that day, back in August, after a man said he had been bitten by Duke while strolling down the sidewalk. The man said Duke pushed open the gate, attacked him then returned to the yard.
Duke was seized by the Lucas County dog warden, labeled a potentially dangerous dog, and quarantined for ten days.
She faced a misdemeanor charge that could carry a penalty of 30 days in jail.
She worried about losing her job, and her home, and having to pay hefty insurance fees as the owner of a “dangerous dog.”
And — even though she had left the door to her home unlocked — she still had no idea how her dog got out of it, or the yard.
She heard from neighbors who had seen the man walking through the neighborhood. One said she never saw Duke leave the yard — but did see the man enter it.
It was looking more and more like Duke, as opposed to miraculously escaping both house and yard, had actually just been defending his home, as Curry suspected from the start.
This week, at a pre-trial hearing, the ”failure to confine” charge against Curry ws dropped.
She still faces a charge of “failure to vaccinate.” While she claims she has the paperwork, she was unable to present it within the two days the dog warden gave her. That charge was upheld in court.
And Duke still faces a determination on whether he’s a “dangerous dog,” which could lead to restrictions that include being muzzled, having signs posted to that effect in his yard, and having to kept in a pen with a roof, according to DogHeirs.com.
The Lexus Project is handling the case against Duke and representing him in court. You can learn more about Duke, and help support his cause by visiting these links:
You can read Curry’s explanation of what’s transpired so far in the comments below.
Posted by jwoestendiek December 20th, 2012 under Muttsblog.
Tags: american bulldog, animals, bite, bulldog, burglary, carissa curry, dangerous, defending, defense, dog, dog bites, dogs, duke, home, home protection, legal, ohio, pets, protecting, seized, toledo
It’s not every day a police dog is subpoenaed to testify in court, and rarer yet, we’d guess, for a judge to actually approve such a thing, but that’s what happened in Florida last week.
A Charlotte County Sheriff’s Department K-9, named Azor, was brought into Judge Peter Bell’s courtroom when his presence was requested by a man fighting a traffic ticket.
The defendant, Rodney McGee, subpoenaed the dog as a defense witness after he was stopped in February for failure to use a turn signal.
Azor’s handler, suspecting McGee might have had drugs in the car, brought the dog along to give the car a sniff or two. No drugs were detected, and McGee was sent on his way with a traffic ticket.
McGee said he wanted the dog brought to his hearing so he could test its sniffing skills.
“I was hoping they would let me plant marijuana in the courthouse to see if he could find drugs,” McGee said. What relevance that has to his alleged failure to use his turn signal isn’t clear.
Judge Bell apparently saw it that way, too, declining McGee’s request and letting Azor depart the courtroom.
McGee lost the case. He was fined $300 for failure to use his turn signal.
That, as you can see in this news report, didn’t seem to bother him too much.
Posted by jwoestendiek May 28th, 2012 under Muttsblog, videos.
Tags: animals, azor, called, charlotte county, citation, defense, dogs, drug-sniffing, drugs, failure to signal, judge, K-9, k9, marijuana, news, officer, peter bell, pets, police dog, rodney mcgee, sheriff, subpoena, testifimony, traffic stop, traffic ticket, video, weird, witness
That question may be headed to New York state’s highest court in a case in which the state’s first judicially approved courtroom dog sat in the witness box with a 15-year-old girl as she testified that her father raped and impregnated her.
The father went on to be convicted, but defense lawyers are appealing, saying that the courtroom dog — a golden retriever named Rosie — may have swayed jurors, according to a report in The New York Times.
Rosie is a therapy dog who specializes in comforting children and other vulnerable witnesses and victims – one of a growing number of which are being used by prosecutors to put crime victims at ease. They’ve been allowed in courtrooms in Arizona, Hawaii, Indiana, Idaho and other states.
Defense lawyers argue that the dogs may unfairly sway jurors with their cuteness, that they can evoke sympathy for a victim, and that they can even be seen by some as a reason to trust the human they’re alongside.
The new witness-stand role for dogs in a handful of states began in 2003, when the prosecution won permission to use a dog named Jeeter in a sexual assault case in Seattle.
In a ruling in June that allowed Rosie to accompany the teenage rape victim, Dutchess County Court judge Stephen L. Greller said the teenager was traumatized and the defendant, Victor Tohom, appeared threatening. Greller ruled that Rosie was similar to the teddy bear that a New York state appeals court said in 1994 could accompany a child witness.
At least once when the teenager hesitated in Judge Greller’s courtroom, Rosie rose and seemed to push the girl gently with her nose.
Lawyers for the father, who was convicted and sentenced to 25 years to life, have raised a series of objections that they say seem likely to land the case in New York’s highest court. They argue that jurors are likely to conclude that the dog is helping victims expose the truth.
Rosie’s presence “infected the trial with such unfairness” that it constituted a violation of their client’s constitutional rights.
Since that case, Rosie has been busy, the Times reports. She spent recent weeks with two girls, ages 5 and 11, who were getting ready to testify against the man accused of murder in the stabbing of their mother.
Posted by jwoestendiek August 8th, 2011 under Muttsblog.
Tags: 15 year old, appeal, comfort, convicted, courtroom dog, criminal, defendant, defense, dutchess county, father, judge, jurors, new york, rape, rose, rosie, stephen greller, sway, symbols, sympathy, testimony, therapy dogs, trials, trust, truth, unfair, victim, victor tohom, witness stand
The Virginian-Pilot this week sniffed out a doozy of a story — about how 49 dogs supposedly trained in bomb detection for the Navy by a private security contractor failed to pass muster and were returned to the contractor, only to apparently languish in the months that followed.
The Navy originally picked up the dogs last spring from Securitas Security Services USA, a private security contractor in Chicago. But once the dogs arrived at Naval bases, not a one was able to find planted explosives during military certification tests, according to the Navy.
The Navy sent the dogs back to the contractor, then later decided to end the contract with Securitas, buying the 49 dogs and training them on its own.
When the Navy went to retrieve to dogs on Oct. 5, according to Navy emails obtained by the newspaper, the dogs were dirty, weak and so thin that their ribs and hip bones jutted out.
In the emails, a civilian official describes the dogs’ condition as “deplorable” and says he feared the dogs would have died if the military hadn’t come to get them.
In fact, the Navy said later, at least two of the dogs didn’t survive, and several others were deemed too sick to be of use, the newspaper reported. Nearly a year after they were supposed to have begun working, the remaining K-9s still are not patrolling Navy installations as intended.
It was the first time the Navy had procured dogs trained by an outside contractor. In the past, it trained its own dogs to help protect its bases and ships.
Securitas disputes that the dogs were poorly trained and neglected, and says that the Navy still owes it money — more than $6 million for its services and for the animals. Jim McNulty, an executive vice president, said the dogs were healthy and well-fed when the Navy picked them up a second time. He disputed that they were kept in a warehouse. “They were in excellent shape,” he said.
Securitas bought the dogs for about $465,000 from Vohne Liche Kennels, an Indiana-based business that offers work-ready police dogs as well as training courses for handlers.
When the Navy canceled the contract, it paid $800,000 to Securitas for the dogs, according to Securitas.
The state of Illinois has launched an investigation into the dogs’ treatment.
The Navy’s shift to privately trained explosives-detection dogs came as part of a decision in 2008 to outsource a number of base security services. In January 2009, Lockheed announced it had signed a $350 million, five-year contract with the military, part of which called for Lockheed to provide explosives-detection dogs to supplement the Navy’s own K-9 forces and free up more Navy dogs to deploy overseas.
Soon after it signed the agreement, Lockheed subcontracted the K-9 portion to Securitas. Securitas began offering K-9 services about seven years ago.
In a written statement, the Navy said it expects 39 of the original 49 dogs to eventually patrol installations as intended. Several are now being cared for and trained at bases in the Hampton Roads area.
(US NAVY photo)
Posted by jwoestendiek March 11th, 2010 under Muttsblog.
Tags: bases, bomb, chicago, contractors, defense, detection, dogs, explosives, illinois, K-9, k9, lockheed, military, naval, navy, neglect, news, outsourcing, ribs, securitas, security, showing, sniffing, training, underfed
Abby Toll, the former University of Colorado student accused of taping her boyfriend’s dog to a refrigerator, did not have an “impaired mental condition” at the time that would excuse her behavior, a state mental health doctor says.
Toll, 20, has entered a not guilty plea, claiming she suffered from an impaired mental condition as a result of being an “ongoing victim of domestic violence.”
Her case goes to trial April 12, according to the Boulder Daily Camera. The doctor’s conclusion came in a pre-trial report.
Toll, who now lives in Chicago and is no longer enrolled at the university, is accused of binding her boyfriend’s 2-year-old shiba inu, Rex, in hair bands and packing tape and sticking him upside-down to a refrigerator during a fight.
Her boyfriend, Bryan Beck, also was charged with misdemeanor animal cruelty. In exchange for a guilty plea, he was given a one-year deferred sentence and 50 hours of community service.
The dog has since been adopted by another family.
Posted by jwoestendiek March 4th, 2010 under Muttsblog.
Tags: abby toll, argument, boulder, boyfriend, bryan beck, colorado, court, defense, domestic violence, duct tape, impairment, mental condition, packing tape, plea, refrigerator, rex, shiba inu, stuck, taped, trial, university of colorado
Sen. Al Franken’s first piece of legislation — aimed at increasing the supply of service dogs for veterans – has been passed and is headed to the White House for approval.
Under the legislation, the Veterans Administration would develop partnerships with organizations that provide disabled veterans with service dogs. Franken said the measure will cost about $5 million and is designed not to interfere with non-profit organizations providing service dogs.
“The government is going to pay for essentially every other dog. What I didn’t want to happen was to dry up the funding for the organizations like Hearing and Service Dogs in Minneapolis and all of these non-profits who have been providing dogs to some vets.”
Franken said about 200 veterans will get dogs as a result of the legislation. The legislation was passed yesterday as apart of the Defense Authorization bill, according to Minnesota Public Radio.
Franken introduced the legislation after meeting Luis Carlos Montalvan, a veteran who said his service dog improved his quality of life.
Posted by jwoestendiek October 24th, 2009 under Muttsblog.
Tags: act, al franken, approved, authorization, defense, dog, dogs, law, luis carlos montalvan, minnesota, passed, passes, sen., senate, senator, service, soldiers, veterans, vets, white house