Post by dillybar on Nov 21, 2008 9:27:18 GMT -5
UCSON REGION
Judge acquits 2 of dogfighting charges
By Andrea Kelly
ARIZONA DAILY STAR
Tucson, Arizona | Published: 11.21.2008
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A judge acquitted Mahlon Patrick and Emily Dennis of dogfighting charges Thursday.
Dennis sobbed and hugged Patrick in Pima County Superior Court after Judge John Leonardo read his verdict and said there was not enough proof that the pair raised dogs and sold them to be fought, or that they fought dogs on their property.
Patrick's and Dennis' property in the Picture Rocks area was raided in February because Pima County was suspicious that the pair were breeding dogs for fighting. Both are in their 60s.
Some of the dogs needed immediate medical attention for infections caused by their living conditions, the county said at the time.
More than 100 dogs were euthanized after the raids because the animals were aggressive, county officials said.
In closing arguments Thursday, attorneys for Patrick and Dennis said county prosecutors could not prove that any of the dogs on the property had been used in fighting and could not prove the pair sold dogs for fighting.
"They can show no specific dogs" used for fighting, said Dennis' attorney, Thomas Higgins.
He pointed to the disclaimers on the breeding Web site, which said the dogs were not sold for fighting.
Just because someone who bought a dog from Dennis or Patrick may have fought it does not mean either of them intended the dog they sold to fight, Higgins said. It's no different from someone buying a car from auto dealer Jim Click and then three days later using it to transport drugs, for which Click would not be liable, Higgins said.
Veterinarians who testified in the case said some of the dogs' scars were consistent with dogfighting, but they also could have come from fights between the dogs in the kennels or in the yard before they were sold, said Patrick's attorney, Mark Resnick.
There were no scars on the dogs' faces, as would be expected in dogfights, but instead on their legs, which came from living in kennels, Resnick said.
"It's almost counterintuitive to say Mr. Patrick was breeding dogs for fighting when there were no fighting dogs on the premises," Resnick said.
But not being able to identify fighting dogs does not eliminate suspicion, said Deputy Pima County Attorney Lewis Brandes.
"There is no way to identify the dogs, because that's the way they wanted it. Reputable breeders keep records," Brandes said in his closing arguments.
He said the falsification of veterinary records "is consistent with an organization that has consciousness that what they're doing is illegal."
He said the pair sold hundreds of dogs a year, yet there weren't records on the sales.
"Where are all these wonderful contracts they claimed to use? We've not found one," he said.
Leonardo issued his verdict immediately after closing arguments. Patrick and Dennis waived their right to a jury trial.
Before his acquittal ruling, Leonardo pointed out several issues on both sides of the case that he said were clear and unclear.
He said the pair's Web site obviously reached a lot of people who fight dogs, but it obviously also reached a lot of people who don't fight dogs. He said the dogs were advertised as having attributes of their fighting ancestors, but there was no evidence that the dogs on the property fought.
He said the pair were involved in dogfighting before the February indictment, but it was unclear when they stopped.
"While the evidence indicates the possibility (Patrick and Dennis fought the dogs or sold them to fight), it just as reasonably indicates that they did not," Leonardo said.
Robert C. Smith, 55, and Terry Williams, 52, who also were arrested in the raids at multiple locations, are scheduled to go to trial in February.
Juan Verdin, 39, and Zenaida Verdin, 35, also were arrested in the February raids.
Juan Verdin pleaded guilty to attempted dogfighting, and Zenaida Verdin pleaded guilty to a misdemeanor charge of cruelty to animals. Both counts carry sentences of three years' probation. If Juan Verdin completes his probation, his charge will be reduced to a misdemeanor. Both would face jail or prison time if they violate their probation.
Judge acquits 2 of dogfighting charges
By Andrea Kelly
ARIZONA DAILY STAR
Tucson, Arizona | Published: 11.21.2008
advertisement
A judge acquitted Mahlon Patrick and Emily Dennis of dogfighting charges Thursday.
Dennis sobbed and hugged Patrick in Pima County Superior Court after Judge John Leonardo read his verdict and said there was not enough proof that the pair raised dogs and sold them to be fought, or that they fought dogs on their property.
Patrick's and Dennis' property in the Picture Rocks area was raided in February because Pima County was suspicious that the pair were breeding dogs for fighting. Both are in their 60s.
Some of the dogs needed immediate medical attention for infections caused by their living conditions, the county said at the time.
More than 100 dogs were euthanized after the raids because the animals were aggressive, county officials said.
In closing arguments Thursday, attorneys for Patrick and Dennis said county prosecutors could not prove that any of the dogs on the property had been used in fighting and could not prove the pair sold dogs for fighting.
"They can show no specific dogs" used for fighting, said Dennis' attorney, Thomas Higgins.
He pointed to the disclaimers on the breeding Web site, which said the dogs were not sold for fighting.
Just because someone who bought a dog from Dennis or Patrick may have fought it does not mean either of them intended the dog they sold to fight, Higgins said. It's no different from someone buying a car from auto dealer Jim Click and then three days later using it to transport drugs, for which Click would not be liable, Higgins said.
Veterinarians who testified in the case said some of the dogs' scars were consistent with dogfighting, but they also could have come from fights between the dogs in the kennels or in the yard before they were sold, said Patrick's attorney, Mark Resnick.
There were no scars on the dogs' faces, as would be expected in dogfights, but instead on their legs, which came from living in kennels, Resnick said.
"It's almost counterintuitive to say Mr. Patrick was breeding dogs for fighting when there were no fighting dogs on the premises," Resnick said.
But not being able to identify fighting dogs does not eliminate suspicion, said Deputy Pima County Attorney Lewis Brandes.
"There is no way to identify the dogs, because that's the way they wanted it. Reputable breeders keep records," Brandes said in his closing arguments.
He said the falsification of veterinary records "is consistent with an organization that has consciousness that what they're doing is illegal."
He said the pair sold hundreds of dogs a year, yet there weren't records on the sales.
"Where are all these wonderful contracts they claimed to use? We've not found one," he said.
Leonardo issued his verdict immediately after closing arguments. Patrick and Dennis waived their right to a jury trial.
Before his acquittal ruling, Leonardo pointed out several issues on both sides of the case that he said were clear and unclear.
He said the pair's Web site obviously reached a lot of people who fight dogs, but it obviously also reached a lot of people who don't fight dogs. He said the dogs were advertised as having attributes of their fighting ancestors, but there was no evidence that the dogs on the property fought.
He said the pair were involved in dogfighting before the February indictment, but it was unclear when they stopped.
"While the evidence indicates the possibility (Patrick and Dennis fought the dogs or sold them to fight), it just as reasonably indicates that they did not," Leonardo said.
Robert C. Smith, 55, and Terry Williams, 52, who also were arrested in the raids at multiple locations, are scheduled to go to trial in February.
Juan Verdin, 39, and Zenaida Verdin, 35, also were arrested in the February raids.
Juan Verdin pleaded guilty to attempted dogfighting, and Zenaida Verdin pleaded guilty to a misdemeanor charge of cruelty to animals. Both counts carry sentences of three years' probation. If Juan Verdin completes his probation, his charge will be reduced to a misdemeanor. Both would face jail or prison time if they violate their probation.