Divvying up the Dogs?

In March, a New Jersey appeals court ruled that judges can consider the human-animal bond in deciding who gets custody of companion animals when couples separate. This precedent-setting case centers on a seven-year-old pug named Dexter, who was purchased by Doreen Houseman and Eric Dare in 2003. The engaged couple subsequently broke up, dividing their belongings, and it was orally agreed that Houseman would keep Dexter. But things got complicated when Houseman went on vacation and left Dexter with Dare, who refused to relinquish the dog upon his ex-fiancé’s return. Houseman took Dare to court, and a judge awarded her the $1,500 value of Dexter, but refused to enforce the terms of the couple’s agreement that would have given her custody of him.

Houseman appealed, and ALDF filed an amicus curiae brief, arguing that the court should consider Dexter’s interests in reaching its final decision. In reversing the trial court, the appeals court concluded that a pet has “special subjective value” that cannot be compensated by money alone. The decision gives Houseman a chance to regain her beloved pug.

This case is a mixed blessing. On the one hand, the court acknowledged the significant bond that guardians have with their companion animals. It recognized and considered the sentimental attachment that Ms. Houseman had to Dexter. That is certainly a step forward. At the same time, however, the court refused to adopt the ‘best interests of the animal’ standard that ALDF advocated in our amicus brief. Under that standard, companion animals would be treated as sentient beings with interests that are independent of those of their owners. The question would not be ‘Who has a valid claim to own or possess Dexter?’ but ‘Which guardian will best provide for Dexter’s interests?’ The court expressed its doubt about whether courts could manage that determination. But an animal’s interests are no more difficult to ascertain than those of a child or an elderly relative, and determining which party can best provide for those interests should be fairly easy to figure out.

There is cause for hope: The court included a caveat in its rejection of the standard proffered by ALDF. It suggested that the best-interests standard might apply in cases involving animal cruelty. This means that if one of the parties to a custody dispute is likely to abuse or neglect the animal in a way that amounts to cruelty under state law, their property right to the animal could be overridden, and the animal could be placed with the party who would best provide for the animal’s interest. This qualification reflects the court’s implicit recognition that animals do in fact have interests and should be treated as more than inanimate property under the law.

Animal Cruelty, Conduct Unbecoming...

The United States military’s Uniform Code of Military Justice is the law of the land for U.S. military personnel no matter where they are stationed. Passed in 1950 the Code applies to all branches of the military and “Punitive Articles” cover everything from burglary and writing bad checks, to malingering and mutiny. (“Forcing A Safeguard” is also illegal and may be punishable by death. If I sign up I’ll be sure to find out what that means!) Unfortunately, for the past 59 years, there has been no Article specifically prohibiting cruelty to animals. That may soon change.

According to the military newspaper, Stars and Stripes, the 2009 Commission on Military Justice—“comprising law professors, private practitioners and other legal experts”—will recommend that the Secretary of Defense include an animal cruelty Article in the Code. It’s too early to say what the law would actually look like but, Walter Cox, a former chief justice of the U.S. Court of Appeals for the Armed Forces is quoted as saying, "It would model, in some fashion, some of the more progressive statues in the States." That’s good news.

The lack of a specific animal cruelty Article did not mean that the military condoned or allowed animal cruelty. In some cases, charges could be brought under a more general Article that addressed conduct that would discredit the armed forces. But including it in the Code sends a strong message to military personnel and the world about just where the U.S. military stands on animal cruelty. It will also give military police, prosecutors and courts-martial more tools with which to combat animal cruelty.

Justice to the Max

If every march for social justice has its landmarks, the case of Max the cat is surely a milestone for animal rights. Thanks to a tireless prosecutor, an aggressive judge, and some help from the Animal Legal Defense Fund, Max is not only safe, but his ordeal has led to a pioneering court ruling that may set a precedent for future cases involving companion animals.

Last January, Dustin Teahon of Scottsbluff, Nebraska, assaulted his girlfriend and kicked her cat Max down a flight of stairs. Max sustained possible neurological trauma, and the girlfriend ended her relationship with Teahon. The woman even obtained a protection order barring Teahon from contacting her and revealed that he had also abused another of her animals, a 10-week-old kitten named Diddy, who died a day after Teahon struck him in the head. As in many domestic-violence cases, the couple later reconciled. But this time authorities recognized that allowing Max to remain with his guardian would place him in danger—so the court placed him in a local shelter, not even permitting the woman’s parents to adopt him.

Read the full story...

Attention Orlando, Florida Residents: Please Attend This Hearing

Witnessed by several and videotaped by at least one, Christopher Comins shot two Siberian husky dogs who had come onto a property where Comins happened to be walking in May 2008. Reportedly claiming that the dogs were harassing a calf, Comins allegedly shot both of the dogs multiple times—continuing to shoot after the dogs were already wounded and down—while ignoring the pleas of their owner who was in close pursuit of them after their escape from his control. While both dogs recovered, one of them lost an eye due to the shooting.

How You Can Help
Two misdemeanor counts of animals cruelty against Christopher M. Comins have been upgraded to the felony level. A hearing date has been continued until June 26, 2009. Locals are encouraged to support the prosecution and attend the court proceedings. Always contact the Court to confirm court dates as they are subject to change. Read why attending court proceedings is important.

Orange County Circuit Court
425 North Orange Ave.
Orlando, FL 32801
407-836-2056
case #08-CF-0017830-O

Advocates outside the Orlando area can help too! Send a letter to Florida State Attorney Lawson Lamar, encouraging that the maximum penalty be sought upon conviction.

Thank you for supporting this case and taking a stand against animal cruelty!

With Thanks to Some VIP's at VIPP

You might think that one would have a pretty thick skin after spending close to two decades in the trenches as a prosecutor, where the carnage incurred (inflicted) as part of the human experience is very real and ugly. For a host of reasons, however, animal cases (as with cases involving kids) have always gotten to me—I never managed to develop much of a “professional distance” when dealing with these crimes. So, with a steady diet of animal cruelty rolling across my desk, it was with some sense of relief and much excitement that I recently left for vacation with my wife: 10-days of sailing to go wherever the wind might take us...

With a boat based in Seattle, our first day out resulted in a strong northerly, so we went south (beam reaching on an 85 degree day in 20 knots of wind—nirvana to any sailor accustomed to year-round sailing in the pacific northwest). At the end of the day, we found ourselves anchored off Vashon Island.  

My wife has family on Vashon Island (Rick and Leslie), so we gave them a call and hopped in the dingy to meet for a visit. Rick greeted us at the beach and we piled in his car to catch up with Leslie who was finishing her day doing some volunteer work at Vashon Island Pet Protectors (VIPP), a local no-kill shelter that has been in operation for 25 years. Leslie gave us a tour of this very impressive shelter where my wife and I met some of the sweetest, most loving and adoptable cats I have ever seen (we already have three cats at home, otherwise...).

Leslie has been volunteering at VIPP for years, doing everything from raising money (including helping to organize the annual “Fur Ball” scheduled for August 8th this year) to cleaning cat boxes. Rick helps out a lot there as well, recently doing some repair work on the building.

On this particular day Leslie was working with Trevor, an impressive young man who will be turning 13 shortly. I soon learned that Trevor possessed a very strong work ethic and a truly adventuresome sprit as he recounted with some pride his host of past injuries, including a fall off a trampoline. Trevor’s love of both gravity-defying activities and animals was obvious, but even at the age of 12+, he possessed a certain wisdom and appreciation for where he lived and what he is doing with his life. Most kids can’t wait to “get off the island” and hang in the city, but not so for Trevor—he loves where he lives and what he is doing (helping animals). It was a true inspiration to see this level of insight in a kid his age. While I didn’t get to meet all the great people at VIPP, Leslie, Rick and Trevor are most assuredly a representative sampling of the quality of folks dedicated to easing the suffering of the animals of Vashon Island. With thanks for the inspiration and a wonderful visit, keep up the great work!