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Tag: hearing

Baltimore cop who slit dogs throat was being heroic, his attorneys say

bolger

Lawyers for a Baltimore police officer who slit the throat of a sharpei on a city street in June tried to put a new spin on his actions in court last week, entering a not guilty plea and suggesting Officer Jeffrey Bolger was heroically trying to save the unborn child of the pregnant woman the dog had bitten.

Fortunately, the judge didn’t immediately buy it, and declined a request from defense lawyers to dismiss the animal cruelty charges filed against Bolger.

The pregnant woman, meanwhile, is calling bullshit.

“Don’t try and make yourself a hero when you made a grave mistake,” she said in a a radio interview last week, after Bolger’s initial court appearance. “Try and say I’m sorry.”

In court on Thursday, lawyers for the 22-year veteran of the police force said Bolger was “legally authorized” to kill the dog, named Nala, and that he was acting to protect the unborn child of a woman the dog had bitten.

He entered a not guilty plea to two counts of animal mutilation, one count of animal cruelty and one count of misconduct in office. Both Bolger, 49, and a second officer, who held Nala while Bolger slit her throat, have been suspended.

His attorney’s reasoning went like this: Had the dog escaped from police, the woman would have had to undergo a series of rabies shots, putting her baby at risk. Due to that, and the dangers the attorney said the dog posed to citizens nearby, Bolger made the decision to “euthanize” Nala in the safest manner possible.

“Bolger considered using his firearm, but he determined that there was too much danger of a ricochet bullet injuring bystanders,” his lawyers said. “Instead, he used his knife in a fashion intended to cause the dog the least amount of pain and place the public in the least amount of danger.”

What’s underplayed in attorney’s brief is that, when that decision was made, the dog had already been subdued with a catch pole.

The attorneys said Bolger and other officers struggled with the dog for more than an hour, the Baltimore Sun reported.

And they said Bolger didn’t say “I’m going to gut this (expletive) thing,” as some witnesses reported. Instead, they submit, he said he was going to have to “cut” the dog because of the lack of other available options.

Among those who found the attorney’s statements ludicrous was Sandy Fleischer, the pregnant woman who was trying to help the dog and keep police from harming her. She spoke out after the incident — and she did so again after Bolger’s hearing.

“To say that you were helping me and trying to save my life? I was there to help the dog,” Sandy Fleischer said. “I can’t believe they are using me for the defense.”

In an interview Thursday on WBAL Radio’s C4 Show, Fleischer said she was upset that the fact she was pregnant — something she confided only to the paramedic treating her — had made its way to police and into the courtroom.

Fleischer was nipped by the dog as she tried to get a look at her collar, so she could get in touch with the dog’s owner.

When she first recounted the incident on the radio show, months ago, Fleischer said the officers who first arrived on the scene used sticks to try and corral the dog, which only served to intensify the situation. She said officers calling the dog a pit bull.

She said police had her ushered to the ambulance “because they didn’t want me seeing the dog being killed.”

A second officer, Thomas Schmidt, 53, is accused of holding the dog down while Bolger cut her throat and is scheduled to appear in court later this month.

The judge, while declining to immediately grant the request for a dismissal requested by Bolger’s attorneys, didn’t rule out further arguments and consideration of the motion.

Bolger’s trial date is scheduled for Nov. 7.

(Photo: Ian Duncan / Baltimore Sun)

Fort Worth vet admits to keeping five “euthanized” dogs alive to harvest blood

leonberger

Sid, the Leonberger, apparently wasn’t the only dog a Fort Worth veterinarian promised to euthanize, then kept alive for the purpose of harvesting blood.

Millard “Lou” Tierce III, owner of Camp Bowie Animal Clinic, told investigators in a written statement that there were at least five dogs that — after assuring owners he was going to euthanize their pets — he secretly kept alive for blood transfusions and experimentation.

tierceTierce was arrested April 30 and charged with animal cruelty.

The Texas State Board of Veterinary Medical Examiners has scheduled a hearing on whether Tierce, whose license has been temporarily suspended, should face permanent suspension.

That’s scheduled for May 9 in Austin, according to the Houston Chronicle.

The investigations of Tierce began when Sid’s owners filed a complaint against him.

Marian and James Harris said they took their 170-pound Leonberger to Tierce’s clinic in May 2013 for a minor gland problem. Tierce kept the dog at his clinic for six months, during which time he performed cold laser therapy. In October, though, he told the couple the dog should be euthanized due to a birth defect in his spine.

The couple agreed to have Sid euthanized, and Tierce promised to bury the dog at his farm.

Last month, though, a former clinic employee told the Harrises that Sid was still alive, and being kept in a cage for all but 30 minutes a day.

Upon learning that, the Harrises went to the clinic and removed their dog.

On April 29, the board conducted a clinic inspection and found ”animal organs were kept in jars throughout the clinic. Bugs were visible in exam rooms. Stacks of drugs, trash, laundry, paperwork and other miscellaneous material were strewn about the examination rooms, hallways, stairwells, operating room, laboratories and offices of the clinic.”

Board investigators received a signed, handwritten statement from Tierce that he had accepted five animals for euthanasia and had kept them at his clinic without euthanizing them, the report stated.

Fort Worth police also went to the clinic on April 29, along with an outside veterinarian who concluded three other dogs being held there were suffering so much they should have been euthanized — including one who belonged to Tierce.

According to Tierce’s arrest warrant, a clinic employee told police that Tierce’s dog, a border collie, had been lying on a pallet in the same spot since she started work in June, without receiving medical treatment.

Patrick’s owner enters not guilty plea


A not guilty plea was entered Friday on behalf of Kisha Curtis, the Newark woman accused of animal cruelty charges stemming from the discovery of a dog who’d been tossed down a trash chute and left to die in a garbage bin.

The 1-year-old pit bull, whose rescuers named him Patrick, continues to recover at an area animal hospital.

Public defender Regina Lynch entered the plea in Superior Court in Newark on behalf of Curtis, 27, the Newark Star-Ledger reported. She appeared at the hearing via a video hookup from the Essex County Jail.

Curtis faces two counts of tormenting and torturing a living creature by failing to provide sustenance and two counts of abandonment, said Assistant Essex County Prosecutor Cheryl Cucinello.

After the hearing, Kisha’s mother, Tammie Curtis, said her daughter didn’t discard the dog, but only left him tethered at the high-rise Garden Spires apartments in Newark — while she went on a trip to Albany. She implied that the dog was stolen.

“Anybody would take that dog,” the mother said. “If she tied the dog, she didn’t leave the dog to die.”

A security guard at the 520-unit complex told the Star-Ledger that the dog had been seen tied to a railing with a leather leash, and had been the subject of resident complaints for more than a month.

“It would whimper, and it would yelp when you would come up to it,” Ortman said.

A custodian found Patrick on March 16, inside a trash bag at the bottom of a 22-story garbage chute.

Judge Amilkar Velez-Lopez kept Curtis’ bail at $10,000 bond or $1,000 cash and forbid her to have contact with pets. If convicted, she faces 18 months in prison, a $3,000 fine and community service.

Patrick has been recovering at Garden State Veterinary Specialists in Tinton Falls, where he has gained two pounds since being found.

Woman tries to mail puppy to her son

Time to reopen the annals of stupid human behavior and make room for Stacey Champion — a Minneapolis woman who attempted to air-mail a puppy to her 11-year-old son in Atlanta.

Champion, 39, was charged with animal cruelty after postal workers discovered the 4-month-old puppy inside a sealed package she had dropped off, the Minneapolis Star Tribune reported.

Champion told a postal clerk the box contained a toy robot. A Minneapolis police spokesman said the puppy would not have survived the trip.

The Star Tribune says that, while the package was still in the post office, it moved by itself and fell to the floor, surprising postal workers. Within minutes, postal employees unwrapped the tightly sealed box and pulled out the panting puppy.

The dog, described as a poodle-Schnauzer mix, named Guess, was placed in a shelter, costing Champion $250 in fees. Today, Champion tried to convince an administrative hearing officer to return Guess to her custody. (See the hearing in its entirety in the video  above.)

Champion said in the hearing that she didn’t know dogs couldn’t be mailed. “They say they deliver,” she noted. She further explained to the judge, “If there weren’t no mistakes in life, society wouldn’t be what it is now.”

We can’t argue with that one.

Champion also went back to the post office and demanded she be refunded the $22 priority mail fee, according to the Star Tribune. That request was denied.

The judge called her actions disgraceful and declined to return the dog to her.

Maryland county votes down barking fines

Worcester County Commissioners voted down a bill that would have established fines for owners of barking dogs, leading at least one citizen who supported the measure to howl.

Jack Davis, a Bishopville resident, made barking noises as he left the commissioners Tuesday night meeting in Snow Hill — in an attempt to show just how annoying the sound can be, according to DelmarvaNow.com.

“It’s really rough when you retire and you want to sit on your porch and in your yard, and hear dogs barking all day long,” Davis said.

In a 4-3 vote, the commissioners nixed legislation that would have levied fines on dog owners for uncontrolled barking and howling in the Maryland county.

“At what point do you start legislating cats and frogs and everything else?” said Commissioner Virgil Shockley.

Worcester County Animal Control would have been responsible for enforcement of the law,  charging owners with a civil infraction, and up to a $500 fine, if their dogs barked for more than an hour.

Of the half-dozen residents who spoke at a public hearing on the issue, all were in favor of the law.

Animal Control Officer Susan Rantz said the county commissioners would be better off looking at the county’s chained dog law. ”I don’t understand how a fine is going to stop the dogs from barking,” Rantz said. ”There are reasons the dogs bark, and I think it’s because they are on
chains.”

Amendment would bar breed bans in Md.

Delegate Cheryl Glenn will introduce an amendment to the state’s proposed dangerous dog law this week that would prohibit municipalities from banning or regulating dogs based on their breed.

Pushed by the Maryland Dog Federation, the proposed amendment to House Bill 1314, aimed at strengthening the state’s dangerous dog law,  reads:

“Nothing contained in this article shall be construed to prevent a municipality from adopting or enforcing its own more stringent program for the control of dangerous dogs provided, however, that no such program shall ban, regulate or address dogs in a manner which is specific as to breed.”

The federation says the amendment will prohibit laws thats discriminate against particular breeds of dogs. Similar measures have been passed in New York, New Jersey, Pennsylvania, Virginia and eight other states.

If approved the proposed amendment would void the current breed ban in Prince George’s County, where about 900 pit bulls and pit bull mixes are euthanized a year, according to the federation.

“The seizing of innocent family pets simply because of their appearance is unconscionable. Responsible dog guardians should be allowed to own whatever breed they want. Reckless owners should be prohibited from owning any dog,” the federation said.

The federation is encouraging those who support the amendment to write Delegate Cheryl Glenn (cheryl.glenn@house.state.md.us); and to attend the March 18 hearing of the Judiciary Committee (at 1 p.m. in Room 100 of the House Office Building in Annapolis).

Prosecutor laughs during Tiara Davis hearing

sparkyThe assistant district attorney prosecuting the case against Tiara Davis, accused of beating her Pomeranian on the elevator at a New York City housing project, broke into laughter in the courtroom yesterday.

While reading Davis’ statement about how she beat the dog, Assistant District Attorney Steven Constantiner began chuckling, the New York Daily News reported.

“He was laughing and had to turn away because he couldn’t control the laughter,” said, Stacy Schneider, a Legal Aid lawyer representing Davis. “I didn’t see any humor in the statement.”

Davis, 31, is charged with beating a 9-pound Pomeranian named Sparky into unconsciousness in an elevator at the Grant Houses in Manhattan. Police quoted her as saying: “It wasn’t like I was killing him or anything like that. I mean I wasn’t gonna really hurt him.”

Constantiner started laughing when he was reading part of Davis’ statement that described the dog relieving itself in the elevator.

“The assistant district attorney laughed briefly and unexpectedly while reading to the court the vulgarities the defendant used in her statement to police,” acknowledged Erin Duggan, a spokesperson for the district attorney’s office. Constantiner declined comment.

Davis, a vocational counselor, pleaded not guilty to misdemeanor animal-cruelty charges. Her lawyer denied she  made the statements to police. Davis, who has since surrendered Sparky, was caught on video beating the 4-year-old dog and was arrested by the ASPCA. She faces up to a year in jail.

Her arrest came just after another resident of the Grant Houses, Chris Grant, was charged with animal cruelty in connection with beating a dog — an incident police say was caught on the elevator surveillance cameras earlier.

You can not be reset until then, until there is.