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Sunday, July 14, 2002

(Not-So-) BIZARRE DOG LAW
California Man Faces Life in Prison for Killing Dog;
and Tennessee Judge Slam-Dunks Puppy Mill Owners 

SANTA ANA, Calif.; MEMPHIS, Tenn. (USA) — In the 1st century B.C., a Roman soldier was convicted of killing a cat in Egypt, and, in accordance with Egyptian law which deified cats (and Basenji dogs), the soldier was executed for his crime.1

Although we haven't seen that sort of justice in over 2000 years, a few notable cases last week might be enough to cause Cleopatra to sit up in her grave and take notice.

In ancient Egypt thousands of years ago, the only thing allowed to lay a hand on this pooch was the cat. (Picture: Egyptian Hieroglyphics: How to Read and Write Them)

1. California Man Faces Life
in Prison for Killing Dog

SANTA ANA, Calif. (USA) — California courts may again break new ground in defending our four-footed friends.  One year ago yesterday, a San Jose judge sentenced a road-rage dog-killer to the maximum penalty: 3 years in prison.  Last Tuesday, July 9, a man accused of mutilating his dog appeared in Orange County Superior Court where he could face life in prison.

The Sacramento Bee reports that James Abernathy, 40, of La Habra, has already been convicted of aggravated assault two times, and this week's felony animal cruelty charge could get him locked up for 25 years to life under the state's three-strikes law.  Even so, he would be getting off easy, compared to what he did to "Marie" his German Shepherd.

2. Tennessee Judge Slam-Dunks
Puppy Mill Owners

MEMPHIS, Tenn. (USA) — Last week, The Commercial Appeal reported on a recent Tennessee Court ruling that was "worthy of a standing ovation."

Animal cruelty doesn't always require baseball bats and knives.  If you've ever heard the phrase "puppy mill", you know what I'm talking about.  Last week, an animal cruelty conviction was upheld by Judge Alan Glenn, rebuking the appeal of a couple from Humboldt who had bred and kept as many as 350 dogs sick and starving in filthy kennels.

Not only did Judge Glenn deal very sternly with the offenders, he delivered an excellent oratory that ought to be framed above the door of every court that handles animal abuse cases.

He said:

"The Court finds that Judy Fay Johnson and Stanley Paul Johnson have been found guilty of 11 counts of cruelty to animals. Bonds are set at $1,000 in each of the 11 counts, which was done by a jury of good and lawful citizens of Gibson County.

"Over 350 puppies and dogs were victims of this gross violation of the law. The victims of this crime were animals that could not speak up to the unbelievable conduct of Judy Fay Johnson and Stanley Paul Johnson that they suffered. Several of the dogs have died and most had physical problems such as intestinal worms, mange, eye problems, dental problems and emotional problems and socialization problems.

Authorities stated that Abernathy had used a collection of swords and knives to decapitate Marie back in January.  A wooden stake had been pounded into her chest and pruning shears were found near her neck, police told reporters.

"He admitted to killing his dog after he had an 


Tennessee Court of Criminal Appeals Judges (from top, left):
Alan E. Glenn, John Everett Williams, Thomas T. Woodall, Joe G. Riley, Jr., J. Curwood Witt, Jr., Norma M. Ogle, Robert W. Wedemeyer, (front row, from left) David G. Hayes, Joseph M. Tipton, Gary R. Wade, David H. Welles, and Jerry Smith. (Presiding judges in this case are listed in bold letters.)

argument with his girlfriend," said La Habra Police Capt. John Rees.

The defendant's father, George Abernathy, told reporters that his son was trying to impress his new girlfriend by killing the dog:

"He loved this dog, and he was trying to prove to this girlfriend he just met that he loved her so much he could kill his dog for her.

"If putting him in prison for 25 years to life is going to prevent him from hurting some innocent person, that's OK with me."

Nobel Prize-winning author Isaac Bashevis Singer (1904-1991) once told interviewer Dick Cavett that he would not kill even a mosquito.

CAVETT:
Are you saying that you think the life of a mosquito has the same worth as the life of a man?

SINGER:
I have seen no evidence to the contrary.

Source: Roni Adamson. The Ottawa Citizen,
"Planet Of The Heartless, Arrogant Humans" (27 Jul 2001)

Recent Progress in
Animal Abuse Law

INDIANAPOLIS, Ind. (USA) — As of July 1st, it is a Class D felony to torture or mutilate an animal.  Convictions will carry a sentence of jail time and a fine up to $10,000.  Another law gives tougher penalties to people involved with animal fighting contests: up to 180 days in jail and a $1,000 fine.  Lawmakers said they hope this puts and end to these "senseless crimes."

Source: WTVW Fox Channel 7, Evansville, IN.
27 June 2002.

SINGAPOREMaximum fines and jail terms for animal-cruelty offenses have been raised to $10,000 and 12 months respectively, up from $500 and six months.  Abandoning an animal has also been made an offense, in order to deter irresponsible owners from discarding their pets.

Source: The Straits Times, Singapore.
9 July 2002

DENVER, Colo. (USA)"Westy" the cat re-writes Colorado law books.  Animal cruelty is now a Class 6 felony, carrying penalties of up to 18 months in prison for the first conviction, 3 years for subsequent convictions.  Both felonies carry fines up to $100,000.

(Click here to meet Westy.)

Source: Cats in the News, 10 June 2002

Great Web Sites on
Animal Cruelty Law

  • pet-abuse.com features the Convicted Animal Abuser Database and other info.
  • CatsInTheNews.com has compiled a list of all 50 United States and their current animal abuse laws, as well as links to government sites.
  • cfhs.ca lists current animal protection laws for Canadian provinces.
  • aspca.org
    provides links where you can report animal cruelty (USA).
  • naturewatch.org reports news from around the world pertaining to the legal issues of animal abuse.

 

"Since dogs have entered domestic service of human beings, they have given solace and companionship when needed. They have helped hunt, guard flocks, and in ice and snow have pulled sleds.

"They have rescued people when lost in snowdrifts. They act as police in sniffing out crimes, and they become eyes for those who cannot see. They guard homes and possessions. All this, these creatures do for kind, humane treatment.

"Watching this video of the conditions that these dogs were subjected to was one of the most deplorable things this Court has observed in the 22 years in the course of being on the bench.

"And though, Judy Fay Johnson, you urge this Court to take into consideration the mitigating factors that you've been sick up to two years prior to them being rescued from your care. You say you've been sick. You talked about reducing the population, but the only thing you did was sell puppies.

"The Court finds that you have a previous history of criminal convictions or criminal behavior, that the offense involved more than one victim, that the victims were particularly vulnerable, that you have a previous history of unwillingness to comply with conditions of a sentence involving release into the community, and that you abused the position of public or private trust.

"The Court further finds that you were charged with this exact same charge in 1993, and after a period of probation, the matter was dismissed.

"Judy Fay Johnson, you're sentenced to 11 months and 29 days in each of the 11 counts of cruelty to animals. These will be run concurrent. Further, this Court finds that probation would not serve the ends of justice, nor be in the best interest of the public, nor would this have a deterrent effect for such gross behavior.

"Therefore, you, Judy Fay Johnson, shall serve six months of your sentence on condition that you make restitution to the Dyersburg Humane Society for $3,242 for the expenses involved in freeing those dogs from their purgatory and your payment of the fine and costs in full. You are further prohibited from ever running or owning any animal kennel or owning any animal as a pet.

"Stanley Johnson, the Court finds that your offenses involve more than one victim. The victims were particularly vulnerable. You treated the victims with exceptional cruelty. You abused the position of public or private trust. You were charged with the exact same charge in 1993 that after a period of probation was dismissed.

"You are sentenced to 11 months and 29 days in each of the 11 counts. . . . You shall serve 90 days of your sentence on condition that $3,242 be paid to the Dyersburg Humane Society for the expenses involved in removing the helpless dogs from your custody. You are further prohibited from ever running or owning any animal kennel or owning any animal as a pet.

"There are those who would argue that you should be confined in a house trailer with no ventilation or in a cell three-by-seven with eight or ten other inmates with no plumbing, no exercise and no opportunity to feel the sun or smell fresh air. However, the courts of this land have held that such treatment is cruel and inhuman, and it is.

"You will not be treated in the same way that you treated these helpless animals that you abused to make a dollar."

§§§

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Sources


"Man Accused of Killing Dog to Impress Girlfriend"
Sacramento Bee
10 Jul 2002

WOLFF, Cindy
"Appellate court admonishes puppy mill owners"
Commercial Appeal
7 Jul 2002

ADAMSON, Roni
"Planet Of The Heartless, Arrogant Humans"
Ottawa Citizen
27 Jul 2001

1SICULUS, Diodorus Library of History
Bk
. I, Ch. 83, §§ 8-9
As quoted by
YOUNG, Stephen
"The Domestic Cat and the Law"
Law Library Resource Xchange
17 Dec 2001

"Animal abusers to face heavier penalties"
Straits Times
9 Jul 2002


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