Anti-Cruelty

Silver v. State

Summary:

Defendants were sentenced by the District Court after pleading guilty to one count of animal cruelty. After defendants were convicted in the Circuit Court, they petitioned for a writ of certiorari. The Court of Appeals held that the Circuit Court could order that defendants pay restitution for the euthanasia cost for the deceased horse, but it was beyond the court’s authority to order defendants pay restitution for costs of caring for the two surviving horses because defendants had not been convicted in those cases. The court also held that the trial court did not abuse its discretion in refusing to strike officer's testimony for prosecutor's failure to provide the officer's written report prior to trial. Finally, photos and testimony regarding the surviving horses were “crime scene” evidence and not inadmissible “other crimes” evidence because the neglect of the surviving horses was part of the same criminal episode.

Defendants were sentenced by the District Court after pleading guilty to one count of animal cruelty. After defendants were convicted in the Circuit Court, they petitioned for a writ of certiorari. The Court of Appeals held that the Circuit Court could order that defendants pay restitution for the euthanasia cost for the deceased horse, but it was beyond the court’s authority to order defendants pay restitution for costs of caring for the two surviving horses because defendants had not been convicted in those cases. The court also held that the trial court did not abuse its discretion in refusing to strike officer's testimony for prosecutor's failure to provide the officer's written report prior to trial. Finally, photos and testimony regarding the surviving horses were “crime scene” evidence and not inadmissible “other crimes” evidence because the neglect of the surviving horses was part of the same criminal episode.

Com. v. Erickson

Summary:

In this Massachusetts case, the defendant was found guilty of six counts of animal cruelty involving one dog and five cats after a bench trial. On appeal, defendant challenged the warrantless entry into her apartment and argued that the judge erred when he failed to grant her motion to suppress the evidence gathered in the search. The Court of Appeals found no error where the search was justified under the "emergency exception" to the warrant requirement. The court found that the officer was justified to enter where the smell emanating from the apartment led him to believe that someone might be dead inside. The court was not persuaded by defendant's argument that, once the officer saw the dog feces covering the apartment that was the source of the smell, it was then objectively unreasonable for him to conclude the smell was caused by a dead body. "The argument ignores the reality that there were in fact dead bodies in the apartment, not merely dog feces, to say nothing of the additional odor caused by the blood, cat urine, and cat feces that were also found."

In this Massachusetts case, the defendant was found guilty of six counts of animal cruelty involving one dog and five cats after a bench trial. On appeal, defendant challenged the warrantless entry into her apartment and argued that the judge erred when he failed to grant her motion to suppress the evidence gathered in the search. The Court of Appeals found no error where the search was justified under the "emergency exception" to the warrant requirement. The court found that the officer was justified to enter where the smell emanating from the apartment led him to believe that someone might be dead inside. The court was not persuaded by defendant's argument that, once the officer saw the dog feces covering the apartment that was the source of the smell, it was then objectively unreasonable for him to conclude the smell was caused by a dead body. "The argument ignores the reality that there were in fact dead bodies in the apartment, not merely dog feces, to say nothing of the additional odor caused by the blood, cat urine, and cat feces that were also found."

City of Boston v. Erickson

Summary:

This very short case concerns the disposition of defendant Heidi Erickson's six animals (four living and two dead) that were seized in connection with an animal cruelty case against her. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city's petition for relief, on the condition that Erickson demonstrate “that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes.” Erickson challenged this order, arguing that it interfered with her property rights by requiring her to discard or destroy the deceased animals. However, this court found no abuse of discretion, where it interpreted the justice's order to mean that she must comply with all applicable health codes rather than forfeit her deceased animals.

This very short case concerns the disposition of defendant Heidi Erickson's six animals (four living and two dead) that were seized in connection with an animal cruelty case against her. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city's petition for relief, on the condition that Erickson demonstrate “that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes.” Erickson challenged this order, arguing that it interfered with her property rights by requiring her to discard or destroy the deceased animals. However, this court found no abuse of discretion, where it interpreted the justice's order to mean that she must comply with all applicable health codes rather than forfeit her deceased animals.

Commonwealth v. Epifania

Summary:

Defendant appealed his conviction of arson for setting fire to a dwelling house, and wilfully and maliciously killing the animal of another person. The Appeals Court held that testimony that the cat belonged to the victim was sufficient to support a conviction of wilfully and maliciously killing the animal of another person.

Defendant appealed his conviction of arson for setting fire to a dwelling house, and wilfully and maliciously killing the animal of another person. The Appeals Court held that testimony that the cat belonged to the victim was sufficient to support a conviction of wilfully and maliciously killing the animal of another person.

Commonwealth v. Bishop

Summary:

David Bishop was convicted of animal cruelty and failing to provide a sanitary environment for his five dogs. He was ordered to pay over $60,000 in order to provide for the medical expenses that his dogs needed after they were taken away from him. While defendant argued that the amount of restitution was excessive, the court found that each of the five dogs had medical bills in excess of $10,000. Defendant was sentenced to three months in a house of corrections, and ten years probation.

David Bishop was convicted of animal cruelty and failing to provide a sanitary environment for his five dogs. He was ordered to pay over $60,000 in order to provide for the medical expenses that his dogs needed after they were taken away from him. While defendant argued that the amount of restitution was excessive, the court found that each of the five dogs had medical bills in excess of $10,000. Defendant was sentenced to three months in a house of corrections, and ten years probation.

Knox v. Massachusetts Soc. for Prevention of Cruelty to Animals

Summary:

In this Massachusetts case, the plaintiff, a concessionaire at the Brockton Fair intended to award goldfish as a prize in a game of chance. The defendant, Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA), asserted that such conduct would violate G.L. c. 272, s 80F. In the action for declaratory relief, the court considered whether the term "animal" in the statute includes goldfish. The court concluded in the affirmative that, "in interpreting this humane statute designed to protect animals subject to possible neglect by prizewinners," former G.L. c. 272, s 80F applies to goldfish.

In this Massachusetts case, the plaintiff, a concessionaire at the Brockton Fair intended to award goldfish as a prize in a game of chance. The defendant, Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA), asserted that such conduct would violate G.L. c. 272, s 80F. In the action for declaratory relief, the court considered whether the term "animal" in the statute includes goldfish. The court concluded in the affirmative that, "in interpreting this humane statute designed to protect animals subject to possible neglect by prizewinners," former G.L. c. 272, s 80F applies to goldfish.

Com. v. Linhares

Summary:

Defendant intentionally hit a duck with his car and was convicted of cruelty to animals. The conviction was upheld by the Appeals Court because all that must be shown is that the defendant intentionally and knowingly did acts which were plainly of a nature to inflict unnecessary pain. Specific intent to cause harm is not required to support a conviction of cruelty to animals.

Defendant intentionally hit a duck with his car and was convicted of cruelty to animals. The conviction was upheld by the Appeals Court because all that must be shown is that the defendant intentionally and knowingly did acts which were plainly of a nature to inflict unnecessary pain. Specific intent to cause harm is not required to support a conviction of cruelty to animals.

Com. v. Zalesky

Summary:

In this Massachusetts case, the defendant was convicted of cruelty to an animal, in violation of G.L. c. 272, § 77. On appeal, the defendant contended that the evidence was insufficient to establish his guilt; specifically, that the state proved beyond a reasonable doubt that his actions exceeded what was necessary and appropriate to train the dog. A witness in this case saw defendant beat his dog with a plastic "whiffle" bat on the head about 10 times. The defendant told the officer who arrived on the scene that he had used the bat on previous occasions, and did so to “put the fear of God in [the] dog.” At trial, a veterinarian testified that the dog suffered no trauma from the bat, but probably experienced pain if struck repeatedly in that manner. The court found that defendant's behavior fell under the ambit of the statutes because his actions were cruel, regardless of whether defendant viewed them as such. Judgment affirmed.

In this Massachusetts case, the defendant was convicted of cruelty to an animal, in violation of G.L. c. 272, § 77. On appeal, the defendant contended that the evidence was insufficient to establish his guilt; specifically, that the state proved beyond a reasonable doubt that his actions exceeded what was necessary and appropriate to train the dog. A witness in this case saw defendant beat his dog with a plastic "whiffle" bat on the head about 10 times. The defendant told the officer who arrived on the scene that he had used the bat on previous occasions, and did so to “put the fear of God in [the] dog.” At trial, a veterinarian testified that the dog suffered no trauma from the bat, but probably experienced pain if struck repeatedly in that manner. The court found that defendant's behavior fell under the ambit of the statutes because his actions were cruel, regardless of whether defendant viewed them as such. Judgment affirmed.

Savage v. Prator

Summary:

After being informed by the Caddo Sheriff's Office that a 1987 Parish ordinance prohibiting cockfighting would be enforced, two organizations, who had held cockfighting tournaments since the late 1990s and the early 2000s, filed a petition for declaratory judgment and injunctive relief. After the trial court granted the organizations' request for a preliminary injunction, the Parish commission appealed and the court of appeals affirmed. Upon granting writ of certiorari and relying on the home rule charter, the Supreme Court of Louisiana found that local governments may authorize or prohibit the conduct of cockfighting tournaments within municipal boundaries. The case was therefore reversed and remanded to the district court with the injunction being vacated.

After being informed by the Caddo Sheriff's Office that a 1987 Parish ordinance prohibiting cockfighting would be enforced, two organizations, who had held cockfighting tournaments since the late 1990s and the early 2000s, filed a petition for declaratory judgment and injunctive relief. After the trial court granted the organizations' request for a preliminary injunction, the Parish commission appealed and the court of appeals affirmed. Upon granting writ of certiorari and relying on the home rule charter, the Supreme Court of Louisiana found that local governments may authorize or prohibit the conduct of cockfighting tournaments within municipal boundaries. The case was therefore reversed and remanded to the district court with the injunction being vacated.

State v. Mumme

Summary:

In this unpublished Louisiana case, the defendant was charged with “cruelty to an animal, to wit, a bat, belonging to Julian Mumme, by beating the animal with a bat causing the animal to be maimed and injured.” After the first witness was sworn at trial, the State moved to amend the information to strike the phrase “to wit: a bat." On appeal, defendant alleged that this was improper, a mistrial should have been declared, and the State should be prohibited from trying him again. The Court of Appeal of Louisiana, Fourth Circuit disagreed with defendant, holding that the amendment corrected a defect of form, not a defect of substance (as allowed by La.C.Cr.P. art. 487), and that the trial court correctly allowed the bill to be amended during trial.

In this unpublished Louisiana case, the defendant was charged with “cruelty to an animal, to wit, a bat, belonging to Julian Mumme, by beating the animal with a bat causing the animal to be maimed and injured.” After the first witness was sworn at trial, the State moved to amend the information to strike the phrase “to wit: a bat." On appeal, defendant alleged that this was improper, a mistrial should have been declared, and the State should be prohibited from trying him again. The Court of Appeal of Louisiana, Fourth Circuit disagreed with defendant, holding that the amendment corrected a defect of form, not a defect of substance (as allowed by La.C.Cr.P. art. 487), and that the trial court correctly allowed the bill to be amended during trial.