ohmidog!

Maryland Court of Appeals judges must be inherently stupid.

Well, maybe some of them aren’t, but for the sake of ease, and without regard to fact, let’s just lump them all together and proclaim them stupid.

That’s what they did, with pit bulls.

A troubling 4-3 decision by the state’s highest court last week deemed pit bulls and pit bull mixes inherently dangerous — a ruling that, on top of being ill-informed, could lead to trouble for pit bull owners everywhere.

One judge who went against the majority, Clayton Greene Jr., noted that how harmless a pit bull might be is no longer relevant when it comes to determining liability — a troublesome precedent, in his view.

“Now, it appears, the issue of whether a dog is harmless, or the owner or landlord has any reason to know that the dog is dangerous, is irrelevant to the standard of strict liability,”  Judge  Greene wrote.

The majority decision singles out pit bulls and declares them all dangerous. It implies that owners of them, and the landlords who rent to those owners, should ignorantly assume, as the judges did, that they are lethal and unpredictable beasts. And it makes suing their owners much easier.

Under previous case law, a victim intending to file a lawsuit after a dog attack had to prove that a dog’s owner, or landlord, knew it had a history of being dangerous. Now, under this new precedent, they can merely show that the owner knew their dog was all or part pit bull. That would be sufficient basis for a claim.

In other words, it’s no longer necessary to prove that a particular pit bull is dangerous, only that it’s a pit bull, or part of it is.

The ruling last Thursday came in the case of a 2007 attack on a child in Towson. According to the Baltimore Sun, 10-year-old Dominic Solesky was attacked by a neighbor’s pit bill and his family sued the dog owner’s landlord, Dorothy M. Tracey.

The Circuit Court judge threw out the claim, ruling there was no evidence that Tracey had been negligent. The Court of Special Appeals overturned the judge’s decision, and the Court of Appeals affirmed that ruling Thursday. The case will now head back to trial.

At a time when many jurisdictions are becoming more enlightened about pit bulls, the Maryland Court of Appeals decision assures that, in at least one area, they will be treated differently from all other dogs.

Those speaking out against the ruling included Pauline Houliaras, president of B-More Dog, which formed in 2007 to fight anti-pit bull legislation in Baltimore County. Read more »

Prada, a pit bull mix who landed on death row after terrorizing an upscale Nashville neighborhood, has been spared — thanks to a Tennessee judge and a  woman who still believes both humans and dogs can be rehabilitated.

Prada was declared vicious and ordered to be euthanized after escaping from her home and attacking several dogs in January 2011.

In the latest development in the long running story, Tia Torres, director of the Villalobos Rescue Center, which recently relocated from California to New Orleans, offered to keep the dog for the rest of her life. A judge agreed with the terms.

The rescue center is featured in Animal Planet’s reality TV show “Pit Bulls and Parolees,” which puts ex-convicts and abused dogs together so both man and animal can be rehabilitated.

The compromise was a last-ditch effort to keep the four-year-old dog from being euthanized — a campaign that has led thousands to sign petitions, according to the Associated Press. It brings an end to Nicole Andree’s lengthy court battles to save her dog, who she rescued when the dog was 4-weeks-old.

It means, instead of lethal injection, Prada could now end up as a star on Animal Planet.

She was ordered put down by three different courts after attorneys for the city of Nashville said Prada posed a public safety threat and liability concerns.

In addition to launching a social media campaign to save Prada, Andree asked Tennessee Gov. Bill Haslam to pardon her. The governor, through a spokesman, said it was a local matter and he couldn’t pardon a dog.

Davidson County Circuit Court Judge Joe Binkley Jr. signed the order sparing Prada. City attorneys said they had no objections, provided the rescue center would take ownership of the dog and keep her for the rest of her life.

Andree, who believes her dog was discriminated against because it is part pit bull, said she didn’t mind giving her dog up if it meant Prada would be spared.

“I just wanted her to live.”

(Photo: Nicole Andree’s “Free Prada” Facebook page)

Baltimore brothers Travers and Tremayne Johnson have been found not guilty in the burning death of Phoenix, a pit bull doused with accelerant and set on fire in 2009.

Closing arguments were made today and the jury deliberated for less than an hour before pronouncing the brothers not guilty of a crime that led the city to reexamine and strengthen its animal welfare laws and procedures.

Phoenix — the name the dog was given after her rescue — was euthanized days after she was found, on fire, by a Baltimore police officer.

The first trial for the Johnson brothers ended in a hung jury in February 2011.

Baltimore City State’s Attorney Gregg Bernstein issued the following statement after the verdict:

“While I respect the jury’s decision, I am disappointed we didn’t achieve the outcome that we fought for during two challenging trials. Animal cruelty is a serious crime of violence, and those who commit it too frequently commit subsequent crimes of violence against humans. As we demonstrated in this case, we are dedicated to vigorously prosecuting individuals accused of this appalling offense.”

Defense attorneys for the Johnsons focused their defense on whether police mishandled the investigation and some of the evidence.

Craig Beyler, a fire protection engineer, called to the stand as an expert, testified that police mishandled clothing seized from the Johnsons’ South Baltimore home by mixing two pairs of jeans and a pair of sneakers in one bag. The clothing contained traces of an ignitable substance that could not be identified, but Beyler said it could have been a common chemical used in sneakers that might have transferred from the shoes to the jeans.

Prosecutors’ arguments linking the brothers to the burning centered mainly on a police surveillance video recorded from atop a pole near the crime scene.

No DNA, fingerprints or other forensic evidence connected the suspects to the crime.

A police sergeant identified the brothers in the video, in which two young men can be seen walking the dog minutes before the burning, and running away from the scene afterwards. A bystander, Tiera Goodman, told police soon after the incident she too saw the brothers run from the scene.

But Goodman refused to testify in the retrial. A video of her testimony from the first trial was played instead.

(Photo: WBAL)

Reports out of the Philippines indicate most of the remaining dogs seized from a Korean-run dogfighting operation are getting a second chance.

The Philippine Daily Inquirer reports that at least two agencies are trying to rehabilitate some of the 223 pit bulls rescued in police raids on March 30.

Members of the Philippine Animal Welfare Society (PAWS), who were first on the scene after the raid, put down 33 dogs they said were sick, badly injured, and dangerously aggressive.

Since then, the newspaper reports, Compassion and Responsibility for Animals (CARA) and the Island Rescue Organization (IRO) have taken over the care of the Laguna pit bulls and have decided to try to save as many of the dogs as possible.

The raid and arrests in San Pablo City and Calauan, Laguna, angered many Philippine animal advocates — especially upon learning some of the suspects were on bail after being arrested on charges of running an online dog fighting operation in December.

“Aside from not wanting to see dogs fight,” Parsons says, “I think what enraged a lot more Filipinos was that this was done by people who had already been arrested, and are still operating with impunity here.”

Island Rescue Organization, already rehabilitating the 61 surviving pit bulls seized in the earlier raid, has taken over the care of the Laguna pit bulls.

“We will try and do what we can in the best way we can,” Nancy Cu-unjieng of Compassion and Responsibility for Animals told the Inquirer, ““and we’ve decided that we must give the dogs a chance to survive.”

Others are are stepping foward to assist.

Henry Monzones, who belongs to the group, Laguna Search and Rescue, has been visiting the site daily to help with head counts and to help design new shelters for the dogs.

In the meantime, the animals are still confined in the steel drums they were found in, but donated tarpaulins and nets are being pitched to shield them from the sun. Some of the dogs had died from heatstroke.

The large tarps were donated by Jay Lim, a businessman and dog trainer with the Philippine Mondioring Association, and his friend, Frenchman Julien Bourraux.

“What I love about pit bulls is, no matter what they’ve been through, if you show them love and respect, they’re willing to forgive anything … There’s definitely hope for these guys — we just have to convince people they’re not killers.”

Veterinarians and animal welfare workers today euthanized at least nine of the 300 pit bulls rescued from a dogfighting ring in the Philippines — and they expect to euthanize dozens more — primarily because of there are no facilities in which to rehabilitate them.

Anna Cabrera, of the Philippine Animal Welfare Society, said 17 of the seized dogs had been put down a day after the raids.

Noting that some of the rescued dogs had been seized before from dogfighting operations, Cabrera said she feared many of them — if simply adopted out — could again end up facing “a fate worse than death.”

How many more will still be euthanized depends on their health, behavior, their potential to be rehabilitated, and the animal welfare group’s supply of drugs — reportedly only enough to euthanize 70 animals, the Associated Press reported.

Police arrested eight South Koreans suspected of running an illegal online gambling operations in which players outside the Philippines bet on dogs fighting at the compound. 

Welfare society veterinarian Wilford Almora said many of the pit bulls had injuries from previous fights, including ripped ears and tongues.

He said his group had enough drugs to euthanize 70 dogs, and had put down at least nine Tuesday afternoon with 13 more planned before they finished later in the evening.

“We are not in a hurry. We just want to make sure that the ones we put to sleep are the ones that deserve to be put to sleep based on their medical condition,” he said.

Cabrera said it was not possible to care for all the pit bulls that were rescued and it would be irresponsible to allow the injured animals to be adopted.

Most of the dogs were seized from a 5-acre coffee plantation in San Pablo city, where they were kept in metal fuel drums and tied to heavy steel chains. Police also recovered 30 dogs from an arena in the nearby town of Calauan where a dogfight was about to begin.

More than 300 dogs were rescued in the separate raids. The eight suspects, charged with animal cruelty and gambling, are being turned over to immigration officials.

If convicted of illegal gambling, they face a maximum of 12 years in prison. The charge of animal cruelty carries a penalty of up to two years. No one in the Philippines has ever served time for animal cruelty, the Associated Press reported.

(Photo: Philippine Animal Welfare Society)

More than four years after Little Red came to Best Friends from the dogfighting ring that operated on NFL quarterback Michael Vick’s property, she has been officially adopted.

Susan, a longtime Best Friends supporter from the Midwest, saw Little Red’s photo not long after she arrived at the Utah animal sanctuary — one of 22 former Vick dogs sent to Best Friends for rehabilitation.

“There was something about her eyes,” said Susan who became a sponsor of Little Red, contributing to her care at Best Friends.

A year after that, Susan visited Best Friends with her sister. She hoped to meet Little Red then, but wasn’t allowed to because all of the former Vick dogs were court-ordered to be kept apart from all non-staff at the sanctuary.

A year later, Susan was back again, and by this time, Little Red had moved to an area where Susan could at least see her from a distance.

Still another year later, in February 2011, Susan returned to volunteer again. This time, she was able to volunteer where Little Red lived, but still wasn’t allowed to interact with her directly.

But she did get to see her every day, for a week.

After that week, Susan began wondering about the possibility of bringing Little Red home with her, and she applied to adopt her.

Last September, Susan was cleared to take Little Red home as a foster dog. According to court orders, all former Vick dogs have to first be fostered for a period of six months before they can be adopted.

Last month, those six months came to an end, and Susan recently returned to Best Friends with Little Red to fill out the final adoption paperwork.

“She’s done fabulously well,” Susan says.

It took a little while for Little Red to feel confident in her new surroundings. She was leery of the wide-open spaces on Susan’s six-acre, fenced property. For weeks, she stayed next to the fence. Now though, Little Red makes full use of the space, and enjoys playing with Susan’s other four dogs.

“She runs like the wind!” Susan said.

(Photo and video courtesy of Best Friends)

More than 300 pit bulls were seized from a farm where fighting dogs were kept in a town south of Manila, and eight South Koreans were arrested — many of whom were out on bail after earlier arrests on dogfighting charges.

Many of the rescued dogs — taken during raids on a dogfighting arena and a dog farm south of Manilla — had ripped ears and tongues, the Associated Press reported.

Authorities said the fights between pit bulls were streamed live on the Internet, and gamblers, mostly foreigners, placed bets using credit cards or Paypal.

Chief Inspector Renante Galang of the Criminal Investigation and Detection Group’s national office said five of the suspects were out on bail after being arrested Dec. 3 at a dog fight club in Cavite.

“We received information that while they were out on bail they moved and set up another gaming facility in Laguna,” Galang said Saturday.

The dog fight arena in Calauan was raided just before a fight was to take place Friday evening, Galang said.

After the raid, police went to a San Pablo City dog farm, where more than 300 were rescued.

The suspects were to be charged today with violation of the Animal Welfare Act and illegal gambling, he added.

Many of the dogs were in bad condition and some had been injured in previous fights, said Anna Cabrera, executive director of the Philippine Animal Welfare Society.

Each of the dogs on the farm was chained to a steel drum, which served as a doghouse.

PAWS veterinarians said 10 pit bulls were so badly injured they had to be euthanized.

(Photo: Philippine Animal Welfare Society)

While there’s an old one hanging on my wall, and while I served as a juror once, I have little to say these days about Pulitzer Prizes.

The Pawlitzer Prizes are another matter, though, and, since they don’t really exist, I hereby bestow one on the Toledo Blade.

The newspaper’s report Sunday, asking and answering the question of how many dogs are put down at the local shelter under the mistaken belief they are pit bulls, is the kind of probing, hard-hitting doggie journalism we need more of — as opposed to celebrity dogs, costumed dogs, ugly dogs and cute dogs.

(It’s also the kind of journalism we need more of, in these times of fading newspapers and diminishing depth.)

The story raises some serious questions about how many supposed pit bulls have been and are being euthanized at the Lucas County Animal Shelter, where the decision of who’s a pit bull — as at most shelters — is based on an educated guess, or often an uneducated one, reached solely on the basis of looks.

The story shows that looks can be deceiving.

Written by Tanya Irwin, it’s a piece that should be required reading at every animal shelter. It starts like this:

Lucas is lucky to be alive.

The dog, owned by Laurie and George Hughes of Rossford, was one of the first “pit bull” puppies spared by the Lucas County dog warden in January, 2010, after the county commissioners changed a long-standing policy under which all “pit bulls,” no matter their age or temperament, were automatically destroyed.

The irony is that Lucas, who was transferred to the Toledo Area Humane Society, isn’t a “pit bull.”

As the story points out, recent changes in local and state law mean dogs designated as pit bulls will no longer get an automatic death sentence when they arrive at a county shelter. In practice, though, and somewhat less automatically, they still are often euthanized, due to factors like an overabundance of their kind at shelters.

The newspaper conducted DNA tests on six dogs that were originally labeled as pit bulls by the Lucas County dog warden. Using the Mars Veterinary Wisdom Panel Insights DNA test, it determined only one was predominantly American Staffordshire terrier and Staffordshire bull terrier. Two had some “pit,” and three of the dogs had no “pit bull” breed in them at all

Lucas, it turned out, is predominantly a boxer-bullmastiff mix.

“We really don’t care what breed he is, he’s a good dog and we love him,” said Hughes.  “I think it’s awful what people say about ‘pit bulls’ or dogs that look like ‘pit bulls.’ It’s like racism, except against dogs.”

Two other dogs, despite their labels, were pit-free: Carly, who turned out to be an American bulldog -American Eskimo mix, and Bandit, whose breeds were boxer, Scottish terrier, Chinook, Doberman pinscher, black Russian terrier, Irish setter, Glen of Imaal terrier, and dogue de Bordeaux.

Based on factors like a large head or broad chest, dogs are being mislabeled as pit bulls – a subjective judgment that, in the case of Toledo and Lucas County, and many other jurisdictions, can determine whether a dog lives or dies. It often also determines, in communities across America, whether you can rent, the cost of your insurance, and even whether you’re allowed into town in the first place.

Then you have the “pit bull mix,” an equally dangerous designation, also used to unfairly ban, restrict or single out dogs. Is it based on having a majority of pit bull blood, a small percentage (as my dog does, according to our own experiences with DNA testing), or any at all?  No. It’s also most often a guess, based on looks, that allows even more dogs to be discriminated against.

Former Lucas County Dog Warden Tom Skeldon, who departed the office amid complaints over its high kill rate and his insistence that all dogs he deemed pit bulls must be killed, said he never considered the DNA tests to be reliable, and therefore made no use of them.

Dr. Angela Hughes, a veterinarian and the veterinary genetics research manager at Mars Veterinary, told the newspaper that the reliability of the tests has increased over the past four years, and now stands at about  80 to 85 percent in the case of the cheek-swab tests.

That’s a far better record than many an animal shelter probably has. At most of them, classifying a dog’s breed is a guessing game. Dogs shouldn’t be put to death based on a guess. In Lucas County, the article notes, thousands may have been.

“It’s impossible to know how many dogs Mr. Skeldon killed claiming they were pit bulls when they weren’t, but based on the kill rate during his more than 20 years as warden, the fact that close to half the dogs at the pound traditionally have been labeled pit bulls, and the DNA tests The Blade performed, easily thousands of dogs could have been killed because they were mislabeled pit bull.”

The Lucas County dog warden’s office continues to euthanize perceived pit bulls because it is “at capacity for ‘pit bull-type’ dogs.” Dog Warden Julie Lyle told the newspaper that — despite Ohio having recently revamped a law that labeled all pit bulls dangerous –  the shelter has yet to begin adopting out pit bulls.

The state’s new dangerous dog law, which brings an end to pit bulls being automatically designated as dangerous, goes into effect May 21. But even then, pit bulls, due to their numbers, will likely remain the type of dog most often euthanized.

The solution?

Dr. Amy Marder, director for the Center for Shelter Dogs, has proposed that dogs adopted from shelters in the United States simply be identified as “American shelter dogs.”

The North Shore Animal League in New York has done away with the pit bull label, in part because it’s not actually a breed, anyway. Instead the league refers to dogs who have “the look” as terrier mixes.

Lucas County dog warden Lyle thinks that approach is deceptive.

“When people think of terriers, they think of small, cuddly dogs, not large dogs,” Lyle said.

She said that, unless a breed is mentioned by people surrendering a dog, she and her deputies designate what breed a dog is. Currently about 40 percent of the dogs the pound takes in are designated as pit bulls.

Lyle said she was not surprised that there were cases they had gotten wrong. Overall,  she said, she thinks she and her staff have done a good job deciding who is a pit bull and who is not. She said she doesn’t see any reason for the pound to change how it identifies a dog’s breed.

I can think of three: Lucas, Carly and Bandit.

(Graphic from the Toledo Blade; photo by Lori King / Toledo Blade)

For the second time in just over a month, Anne Arundel County officials are trying to track down owners of a pit bull found severely injured and abandoned.

A resident brought an injured female pit bull to animal control headquarters last week after she was found on Ritchie Highway near 11th Avenue — less than five miles from where a male pit bull, also injured, was discovered early last month.

Police suspect both were used by dogfighters as as bait dogs.

The female had deep scars and had sustained numerous bites, including a large open wound under her front arm, according to the Baltimore Sun.

She’s being called Princess at Waugh Chapel Animal Hospital, which is treating both her and Rocky Road, the pit bull found injured last month.

Both animals are expected to survive, officers said.

Princess will stay at the animal hospital for treatment and then be released to the SPCA of Anne Arundel County, WUSA reported. Rocky Road is expected to be released to Tara’s House rescue soon, say police.

Police are investigating both cases, and have asked the public to report any suspicious activity, such as “high numbers of dogs, particularly dominant breed dogs, being kept in one location, a high volume of people coming and going from a particular area and injured dogs, who appear to have been involved in a fight.”

The Humane Society of the United States is offering a reward of up to $2,500 for information leading to the identification, arrest and conviction of the person or persons responsible for abandoning the Rocky Road and Princess.