What's At
Stake!
Oklahoma: Oppose Weakening Power of State Attorney
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56 animals were put to sleep over the weekend after last week's raid on an alleged dog-fighting ring in Broussard.
Animal rights officials say the dogs were likely worth more than a quarter-of-a-million dollars.
Monday, attorneys for the men arrested in the case claim that animal control officials acted prematurely by having the dogs euthanized before the defendants were proven guilty.
Attorneys for Floyd and Guy Boudreaux say they were in the process of filing an injunction to keep the dogs alive when they got the word the animals had been euthanized. SPCA leaders say a state law calls for killing the dogs after it's determined they're fighting dogs.
Executive director Laura Maloney says that evaluation was completed by state police investigators, with the SPCA's help. She tells TV 10 the dogs are definitely considered fighting dogs. She claims Floyd Boudreaux admitted that to state police. Attorney Kevin Stockstill represents Floyd Boudreaux. He says his client never made such a claim.
Kevin Stockstill/Floyd Boudreaux's Attorney: Completely disagree with that. I don't believe that's true at all...
Stockstill and Attorney Daniel Stanford say that's not the only problem with this case. They say the fact the dogs were destroyed eliminates key evidence that they never examined.
Daniel Stanford/Guy Boudreaux's Attorney: It would be like in any case where the government or the state seizes evidence and destroys it before a neutral party has a chance to examine it...
Animal rights workers claim last week's raid was a major victory against the dog-fighting industry. Stanford admits his clients were involved with dog-fighting, but he says that activity ended roughly 30 years ago. He says none of the dogs raised at his clients' kennel were intended for any illegal activity.
Daniel Stanford/Guy Boudreaux's Attorney: These dogs were used for hunting, shows, competitive weight pulling and as pets...
A total of 58 dogs were confiscated from Broussard's home. Two Patterdale Terriers were the only ones not put to sleep by the SPCA. Stanford and Stockstill say they will fight to have those dogs returned to their clients.
Floyd and Guy Boudreaux were not available for comment.
§102.5. Dogfighting; training and possession of dogs for fighting
A. No person shall intentionally do any of the following:
(1) For amusement or gain, cause any dog to fight with another dog, or cause any dogs to injure each other.
(2) Permit any act in violation of Paragraph (1) to be done on any premises under his charge or control, or aid or abet any such act.
(3) Promote, stage, advertise, or be employed at a dogfighting exhibition.
(4) Sell a ticket of admission or receive money for the admission of any person to any place used, or about to be used, for any activity described in Paragraph (2).
(5) Own, manage, or operate any facility kept or used for the purpose of dogfighting.
(6) Knowingly attend as a spectator at any organized dogfighting event.
(7)(a) Own, possess, keep, or train a dog for purpose of dogfighting.
(b) The following activities shall be admissible as evidence of a violation of this Paragraph:
(i) Possession of any treadmill wheel, hot walker, cat mill, cat walker, jenni, or other paraphernalia, together with evidence that the paraphernalia is being used or intended for use in the unlawful training of a dog to fight with another dog, along with the possession of any such dog.
(ii) Tying, attaching, or fastening any live animal to a machine or power propelled device, for the purpose of causing the animal to be pursued by a dog, together with the possession of a dog.
(iii) Possession or ownership of a dog exhibiting injuries or alterations consistent with dogfighting, including but not limited to torn or missing ears, scars, lacerations, bite wounds, puncture wounds, bruising or other injuries, together with evidence that the dog has been used or is intended for use in dogfighting.
B. "Dogfighting" means an organized event wherein there is a display of combat between two or more dogs in which the fighting, killing, maiming, or injuring of a dog is the significant feature, or main purpose, of the event.
C. Whoever violates any provision of Paragraphs (1) through (5) and (7) of Subsection A of this Section shall be fined not less than one thousand dollars nor more than twenty-five thousand dollars, or be imprisoned with or without hard labor for not less than one year nor more than ten years, or both.
D. Whoever violates Paragraph (6) of Subsection A of this Section shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
E. Nothing in this Section shall prohibit any of the following activities:
(1) The use of dogs for hunting.
(2) The use of dogs for management of livestock by the owner, his employees or agents, or any other person having lawful custody of livestock.
(3) The training of dogs or the possession or use of equipment in the training of dogs for any purpose not prohibited by law.
(4) The possessing or owning of dogs with ears cropped or otherwise surgically altered for cosmetic purposes.
Added by Acts 1982, No. 432, §1. Acts 1984, No. 661, §1; Acts 1993, No. 1002, §1; Acts 2001, No. 547, §1; Acts 2001, No. 734, §1, eff. June 25, 2001.
Source: http://www.legis.state.la.us/lss/lss.asp?doc=78248
§102.6. Seizure and destruction or disposition of dogs and equipment used in dogfighting
A.(1) Any law enforcement officer making an arrest under R.S. 14:102.5 may lawfully take possession of all fighting dogs on the premises where the arrest is made or in the immediate possession or control of the person being arrested, whether or not the dogs are actually engaged in a fight at the time, and all paraphernalia, implements, equipment, or other property or things used or employed in violation of that Section.
(2) The legislature finds and declares that fighting dogs used or employed in violation of R.S. 14:102.5 are dangerous, vicious, and a threat to the health and safety of the public. Therefore, fighting dogs seized in accordance with this Section are declared to be contraband and, notwithstanding R.S. 14:102.1, the officer may cause them to be humanely euthanized as soon as possible by a licensed veterinarian or a qualified technician and shall not be civilly or criminally liable for so doing. Fighting dogs not destroyed immediately shall be disposed of in accordance with R.S. 14:102.2.
B.(1) The officer, after taking possession of any dogs other than those destroyed or disposed of pursuant to Subsection A and of the other paraphernalia, implements, equipment, or other property or things, shall file with the district court of the parish within which the alleged violation occurred an affidavit stating therein the name of the person charged, a description of the property so taken and the time and place of the taking thereof, together with the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed in such violation.
(2) The seizing officer shall dispose of any dogs or other animals seized in the manner provided for in R.S. 14:102.2.
(3) He shall thereupon deliver the other property so taken to such court which shall, by order in writing, place such paraphernalia, implements, equipment, or other property in the custody of a suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the parish. The custodian so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which the accused shall be required to appear for trial.
C. Any person claiming an interest in a seized animal may post a bond with the court in accordance with the provisions of R.S. 14:102.2(C) in order to prevent the disposition of such animal.
D. Upon conviction of the person so charged, all dogs so seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same in accordance with R.S. 14:102.2. The court may also in its discretion order the forfeiture of the bond posted, as well as payment of any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized dog, as provided in R.S. 14:102.2. In the event of the acquittal or final discharge, without conviction, of the accused, the court shall, on demand, direct the delivery of the animals and other property so held in custody to the owner thereof and order the return of any bond posted pursuant to R.S. 14:102.2(C), less reasonable administrative costs.
Added by Acts 1982, No. 432, §1; Acts 1987, No. 590, §1; Acts 1993, No. 1002, §1; Acts 1997, No. 1212, §1.
Source: http://www.legis.state.la.us/lss/lss.asp?doc=78249
If It's That Easy For The AR To Kill 'Man's Best Friend',
It is a disgrace
that the proposal did not go through: Raids on animal-fighting operations
frequently bring with them the discovery of major drug networks and the seizure
of large caches of firearms. Violent crimes are also commonly associated with
blood sports. In response to these trends, a number of jurisdictions have formed
interagency task forces to ensure their communities' safety.
When
breaking up dogfighting rings, officers often find mesh bags, which are used to
suspend kittens, rabbits, puppies, and other small prey above the dogs to
encourage a "fighting spirit." Sadly, they often find many dead and dying dogs,
too. Dogs who do survive often sustain serious injuries such as broken bones and
crushed cartilage. Many suffer and die from blood loss, shock, dehydration,
exhaustion, or infection hours or days after a fight.
Readers interested in supporting Boe's
efforts can visit HelpingAnimals.com to find out how to help.
- Liz
Welsh, People for the Ethical Treatment of Animals, Norfolk, Va.
Source: http://www.journalnet.com/articles/2005/03/14/opinion/opinion02.txt
BELLEAIR - You could blame a relentless rooster named Lilly.
Or perhaps two chihuahuas and a maltese who happen to be registered members of the Screen Actors Guild.
You could even trace it back to the six dogs, three French hens, two cats, 11 other birds, five tortoises, two chinchillas, two ferrets, two iguanas, two rabbits and two toxic frogs who once lived on the 2.3-acre spread of suburbia that pro wrestling legend Hulk Hogan calls home.
Whatever you blame, one thing is clear: Hulk and his family are embroiled in an emotional smackdown with Belleair officials and some neighbors, who say the animals have taken over the block.
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| Courtesy: Fred
C. |