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No More Homeless Pets Forum
August 30, 2004 Ending Abuse & Neglect |
What can you do when you see an animal being abused or neglected? How can you help end cruelty in your community? Bob Ferber of the Los Angeles City Attorney's Office Animal Abuse Task Force and Annemarie Lucas, Special Investigator and Humane Law Enforcement Officer for the ASPCA, will offer advice on how you can address animal abuse.
Introduction from Annemarie Lucas:
It comes as a surprise to many that there are felony animal cruelty laws in place in 42 states and the District of Columbia. It is the degree to which these laws are executed and enforced that remains the biggest challenge. All people who care about the humane treatment of animals must educate themselves about the animal cruelty laws in their state, write to their lawmakers to ensure that abusers receive the maximum penalty, and, most importantly, pick up the phone and alert the authorities if they witness an animal being abused or neglected.Acting as a voice to the voiceless is extremely rewarding, inspiring, challenging and, yes, oftentimes frustrating. What fuels me is the knowledge that I alone have the power to take an animal out of a bad situation and bring it to safety, where eventually it will live as my animals live – nurtured, loved and respected. The frustration comes to fruition when I consider the magnitude of the problem and the reality that there are only a handful of humane law enforcement departments and clusters of police officers and animal control officers scattered throughout the country enforcing animal cruelty laws. These agencies cannot act alone to protect each animal. It's those of you logging on who can make the most significant difference.
Introduction from Bob Ferber:
To paraphrase Gandhi, a society will ultimately be judged by the way it treats its animals. How would our society be judged today? Based upon the way we treat and protect our animals, there is little doubt we'd receive an emphatic failing grade. Why is this? And what can be done to change it?California has some of the toughest laws in the nation regarding cruelty and neglect. A misdemeanor conviction for cruelty or neglect can bring a year in jail and a fine of nearly $50,000 for each offense. Yet animal cruelty and neglect prosecutions are rare, to say the least. There are district attorney's offices in California that cannot recall a single animal cruelty or neglect prosecution. Others can claim no more than one or two in a year. Meanwhile, experts agree that animal cruelty and neglect (neglect being a form of cruelty, of course) are rampant and widespread throughout California and the nation.
In inner-city neighborhoods, people often leave their sick or injured animals to die horribly slow deaths in backyards. In towns around California and throughout the nation, in certain neighborhoods, dog fighting can be heard on any Friday or Saturday night. Police cars drive by, but do nothing to enforce the strict California law against dog fighting. Local animal control agencies are typically unable to respond to dog or cockfighting because of the violence and danger involved. Coordinated efforts by animal control agencies and police departments are virtually non-existent, so animal fighting continues unabated throughout the U.S.
When the rare investigation is conducted, prosecutors are reluctant to file charges, claiming unfamiliarity with the laws, vagaries in the laws, substandard investigations, lack of precedent, etc. They say, "It's just a dog." How can we worry about animal neglect when there is so much crime against people?
What message are we sending to our children, who view these crimes and see the lack of consequences? How can we possibly expect our children and young adults to show any reverence for the life of others if they are exposed to such brutal and consistent cruelty and neglect of animals? What can we do to change these attitudes? Why do we have a criminal justice system that is charged with enforcing these laws ... but does not? And what can be done to change that?
Join our forum and get involved in the problem and the solutions. Learn what is not working and what can be done to finally hold animal abusers accountable for their actions. Let's explore how we can ensure that our young people will never again see the brutality of a dogfight or the irreverence for life shown by someone who has left a pet to die in the street. As supervising attorney of the L.A. City Attorney Animal Protection Unit, I'm eager to participate in this forum and discuss these critical issues that not only affect the welfare of companion animals but the future of society and the level of violence (or peace) we can expect for generations to come.
Questions
How do we get prosecutors and judges to go after animal abusers?
What to tell the public calling to complain when your community has weak animal protection laws
Making sure an abuser doesn't get more animals after removing initial ones
When budgets for humane agents are cut
Improving the quality of lives of animals chained up outside and with no human contact
What to do when animal control is the one doing the abuse
When you've tried going up the chain of command at animal control and get nowhere
Reaching out to judges and prosecutors
Getting media to cover animal cruelty stories
What to do about swap meets selling animals
Coping with the "it's part of our culture" excuse for animal cruelty
Determining if a breeder is caring for their animals
How do we get prosecutors and judges to go after animal abusers?
Question from Tom:
I am a former cruelty officer. I ended up quitting because I couldn't take the fact that our local prosecutors would rarely prosecute animal abuse cases. They didn't want to take the time or didn't feel it was worth the effort. Our Director would tell us to try to plea bargain out the case, because he knew we wouldn't get anywhere prosecuting and it would be costly. One time we did get a collector case through and the Judge sided with the collector because she felt that the collector was trying to help animals, and since we weren't taking strays (we were limited admission), there was no one else to do it and she was a good citizen.Basically I burned out. How do you get prosecutors and Judges to proceed with cases and treat animal issues with importance?
Response from Annemarie:
I understand your frustration and I am sorry that you are no longer an investigator. Dealing with collectors is very difficult, as you know. It is a psychological condition equivalent to obsessive-compulsive behavior and there is no easy solution. In New York, we are constantly reaching out to the District Attorney's office to keep them aware of the situations we deal with as cruelty investigators. We actually have been fortunate enough to have certain DA's in each borough that deal with our cases, so that they know how to proceed with the prosecution.In my experience, it is not usually because the DA's or Judges don't care. It is because they don't know the animal cruelty laws, and they don't realize how much the animals have suffered. We always go into the DA's office armed with photos and vet statements to ensure that they realize that these animals are victims and deserve to be treated as such. We have come a long way and thanks to Animal Precinct we have been able to show the country that animals need to be protected and respected by everyone. Education is a valuable tool and my hope is that we can reach the children and young adults in time to make the future for animals brighter and safer. Please don't give up the fight. We need people like you on the front lines to pave the way. Best of luck.
Response from Bob:
Wow...you're question hits at one of the major parts of "the problem". Forgive me, but your question calls for a more complex answer than I expected to provide for this forum. But here goes. And, by the way, to add to your question, in many communities and major cities there aren't even humane officers available to investigate abuse cases much less willing prosecutors. And as for the judges, I agree... they are, for the most part, in the Dark Ages about reasons to take animal abuse (including hoarding) seriously. But I'm not sure I can fault them completely for their ignorance of the problem.While a responsible judge should become familiar with all crimes in his/her courtroom, my experience shows that the community must bear pressure on the judges and bring the correct information to them. And getting to the judges often requires the help of local politicians or one or more judges already friendly to the plight of animals and how it affects the plight of human society.
I think that informed political pressure from respected animal welfare organizations, both local and nationwide, can make a tremendous difference. I stress the word "informed" because it is now widely accepted that the way we treat animals is the way we treat people... and animal abuse that goes unpunished sends a powerful message to adults and youth that violence is acceptable in our society, particularly violence against those most vulnerable, women, children and companion animals. Even if one doesn't care about animal welfare for the sake of the animals, something I pray for someday, any respectable human being must take animal abuse seriously simply because of the impact it has on human relationships. (Forgive me...I know "I'm preaching to the choir" here.) This is the "informed" message that must be taken to law enforcement and the courts. And I believe it will ultimately come from organized community pressure.
Although everyone knows about Jeffrey Dahmer, until the connection between animal abuse and violence in our society is brought home, onto the desk of the judges and prosecutors so that officials know animal abuse affects them, the courts will continue to say, "It's only a dog". I do wish I could expect the "system" to care for animals for the sake of the animals but I fear that day is far off... and for now we must use the connection between violence against animals and people to "hook" the system into caring more about animal welfare.
I recall, over 20 years ago, when judges refused to impose any real punishment even on the most chronic drunk driver offenders. But, after MADD began an aggressive nationwide court watching campaign, drunk driving was no longer treated lightly by the courts. Slowly but surely, prosecutors and police stepped up their skills and effectiveness in successfully prosecuting drunk drivers. Cops did a better job, knowing prosecutors cared, causing prosecutors to be more willing to aggressively prosecute cases. More convictions and court watching caused judges to impose increasingly stiffer sentences, while the legislature was pressured (also by MADD) to close loopholes and impose minimum mandatory sentencing that sent a stern message throughout the country. MADD concurrently brought knowledge and statistics on how DUI's affected everyone, organizing meetings with elected officials and judges and bringing a unified voice to government officials.
Something similar must happen with animal abuse. Prosecutors will eventually take these cases seriously when they receive quality investigations (not that I'm suggesting you didn't do that) AND the education they need to understand relatively complex and untested animal welfare laws where even the word "abuse" and "neglect" have no concrete definition. That will bring about more convictions and trials, dramatizing the abuse that occurs, causing judges to take the cases more seriously, and then humane officers will improve their investigations knowing know the court system will make their work worth the effort.
And very importantly, the local elected officials must be lobbied to support these efforts in their budgets and local legislation. Without funding and political backing, it is difficult to change a system. All these entities must be educated why they must take these cases seriously. I think that means getting involved in the political process, even if it is as simple as coordinating a community meeting with the local police or animal control officer and the D.A. (especially DA's, since they're elected officials) and bringing respected experts who can help educate your local officials. Also involve the media; getting just one journalist that is on your side can influence an entire city. Animal welfare organizations like Best Friends, Humane Society of the U.S. and local humane societies provide many resources and training to show local law enforcement how to be more effective in these cases and how to make the court system care. ASPCA and Animal Legal Defense Fund (ALDF) provide specialized assistance to prosecutors handling animal abuse cases. Although, I suspect, only the animal loving prosecutors know this, which is also something that has to change.
Finally, organizations supporting domestic violence and child abuse prosecutions realize that animal abuse is part of the cycle of violence. So people can reach out to these groups to join together to make law enforcement take animal abuse seriously.
It sounds daunting if not impossible, I know, but there was a day when, like DUI's, domestic violence was treated as a "family matter". Where we were 20 years ago with domestic violence and DUI's is where we are now with animal abuse prosecutions. Except that we can't wait 20 more years to protect the animals. So I'm hoping that readers will feel empowered by organizing even a small group. Seek the help of others and push elected officials, law enforcement, and prosecutors and judges to get tough on animal abuse. I stand ready to guide anyone individually on what they can do in their own local community based upon my own personal experiences here in Los Angeles.
And, Tom, thanks for caring so much. I can tell you that I have many humane investigator friends that feel the frustration you feel. I hope that maybe someday you'll be willing to draw upon your phenomenal experience as a humane officer and your obvious passion for this topic, that you'll consider helping to change the "system" in your community. I'll be glad to help in any way.
Comment from a member:
There is an excellent article on Animal Hoarding in the latest edition of Animal Sheltering magazine. http://www.hsus2.org/sheltering/What to tell the public calling to complain when your community has weak animal protection laws
Question from Jennifer:
I really enjoy watching "Animal Precinct" because it makes me feel good to see what felony cruelty laws can do. I live in the Midwest and our cruelty laws are very weak. I answer the phones at a shelter where we often get calls from the public who feel we aren't doing enough to help the animals. They get mad at us and wonder why they help the animals on "Animal Precinct" but we won't. They think we don't care which is not the case at all.Unfortunately because the laws are so weak, if an animal has any shelter at all, there is not much our humane officers can do to remove the animal. I am afraid that people will not report cruelty or neglect to us anymore, because they think we won't do anything anyway. How do we explain the laws to them and try to keep their trust in us so they will continue to report abuse?
Response from Annemarie:
First of all, I would like to thank you for all you are doing for the animals in your area. Sometimes the public does not understand how difficult our job is. The next time someone complains about what you are not doing, ask him or her to contact your state legislators to see how they can improve the animal cruelty laws. You can also contact the ASPCA's Government Affairs Department (www.aspca.org) because we have staff members located across the country who can assist as well.At the ASPCA, we are always trying to strengthen the laws protecting animals in every state. It is not an easy battle, but we are making progress. Please do not feel defeated. Remember that you are doing the best that you can with the resources that you have available. Perhaps the next time someone calls to complain you can inform him/her that your shelter accepts donations. Good luck and keep up the great work!
Response from Bob:
I couldn't agree more with Annemarie, especially about hanging in there and using your position to try to gently educate people on the problems. When communities are educated in how to change things, then things change. Well-intentioned people often don't know why problems exist in government or society and will often vent their anger at the messenger of the bad news... in this case it's you. But keep recalling what you do for the animals you can help.And I'd like to add to Annemarie's comments. I suggest getting others in your community organized (maybe your friends and co-workers) to convince your local officials to take this more seriously and to get more money and support for the animals. I know a classroom of 8th graders that wrote so many letters to a local zoo that they changed the way the zoo handles certain animals. It's not just fundraising, but getting elected officials in your community to hear about the calls you receive and your own frustrations... along with your other animal-loving friends. Feel free to contact me if you have questions or think I can help in any other way. And thank you for what you do!
Making sure an abuser doesn't get more animals after removing initial ones
Question from Jan:
How do you make sure that an abuser doesn't get more animals after you remove the initial ones? We just dealt with a guy who was keeping 120 cats in horrible, filthy conditions, and we removed all the cats. He got off on probation and was ordered not to have any more cats for five years. We just got a report that he has over 25 cats again... already. It seems like it is a constant battle, and we aren't breaking the cycle. Just because we removed the animals we haven't changed their behavior. How do you deal with this?Response from Annemarie:
It is always difficult to deal with this type of person because it is an illness. Also, because it is a condition of this person's probation, it should be reported to his probation officer. In turn, the probation officer should proceed with criminal charges (violating probation is a criminal offense). We have dealt with collectors more times than I can count, and all I can say is that they need to be monitored regularly. One of the preventative steps we take in New York when we learn of a collector is to insist that all of their animals be spayed and neutered (at our expense).It is always better if we can get to them before the animals are too sick to save. We also reach out to city agencies such as Adult Protective Services (who can provide a psychiatric evaluation) and the Department of Health. I think the key to dealing with collectors is to have numerous agencies involved, because it is a social problem that needs to be addressed. It is definitely too much for one agency to deal with on a regular basis. Best of luck in the future.
Response from Bob:
Excellent question, Jan, since it's a problem that comes up in Los Angeles on occasion. Here in Los Angeles, in most cases we don't have probation officers assigned to monitor convicted animal abusers. But one of the ways around that is that we educate the prosecutors and judges to order the convicted hoarder to allow "reasonable", but unannounced, inspections by Animal Services. Then, if there's any suspicion of a violation, humane officers and health and building inspection officials here in LA can simply inspect the property and forward the reports to me (as the local prosecutor). Then I prosecute the defendant for violating his probation. In many cases, judges won't be very tough on the first offense. However, if the defendant violates probation, they'll get much tougher and help put a stop to it. I also agree that it's a disease/syndrome that ideally should have other agencies involved since other problems may also exist. With a little effort from a caring prosecutor and humane investigator, once someone is on probation, the court system should be able to control the hoarding.Thanks for an excellent question. If anyone is interested, there are some very interesting studies about hoarders (previously called animal collectors by many). Do a Google search and you'll find several institutions that are studying this phenomenon.
When budgets for humane agents are cut
Question from Robin:
With county shelters having their budget cut every year, we see more cases of animal cruelty because there simply are not enough officers to respond. When we question the staffing level at the shelter we are told they will not be adding any additional staff and they do not have the staff to follow up on cases that even they suspect as cruelty cases. What other options do we have?Response from Bob:
I appreciate your question, because I often see well-intentioned animal-loving community activists and others that want to make changes in the system frequently spending much of their time advocating, writing letters, attending meetings... but forgetting one important way to influence needed changes like you pointed out. That's lobbying the local politicians and their assistance and financial supporters. In the end, it's the politicians that have the power and ability to make things happen for animal welfare. Letter writing campaigns and using the media can be very effective, but I think that before that, the best way to bring about change is to actually meet personally with local politicians and show them why they need to care. Use photos, anecdotal experiences, data and experts that can help show politicians why it's in their best interests to devote more resources to animal cruelty and neglect and animal welfare in general. Thanks for caring!Response from Annemarie:
Let's not forget that animal cruelty is a crime, and it is the responsibility of the police to respond and investigate these complaints. The public needs to contact their local officials and legislators to let them know that they want animal cruelty complaints taken seriously. How about contacting local businesses to see if they would be interested in sponsoring a humane officer's salary for a number of years? There are lots of animal lovers out there who are willing to help. Also, the power of the media is amazing when it comes to animal related stories. Most citizens have no idea what goes on in their local animal shelter. I bet you can find a reporter who loves animals to get the word out that animals are suffering due to a lack of funding. I feel your frustration. Best wishes.Improving the quality of lives of animals chained up outside and with no human contact
Question from Betsy:
What can be done to improve the lives of animals who are living in conditions that don't warrant removing the animal under most cruelty laws (they have food, water, shelter), but there is no quality of life? These are the dogs who are tied up on chains outside or never have human contact. What can we do to make their lives better?Response from Bob:
You identify a chronic problem that I strongly believe is not receiving enough attention. I think that the first step is for local humane officers to do their best to bring about compliance using their expertise and things like Annemarie has successfully used.But I also see the need for legislative changes in state and local laws that more specifically define both for the public and local law enforcement what is legally "adequate shelter", "needless suffering", "neglect" and other terms that most communities. I believe the public has a right to know in more specific terms what is expected of them. How can we expect compliance until the public knows in written language what is expected? What is "adequate shelter"? What is "needless suffering"? What is "adequate exercise"? Even prosecutors and law enforcement have difficulty defining these conditions, although we all know it when we see it. So both the public and law enforcement have a responsibility to work on defining these terms.
Here in Los Angeles, a local ordinance has actually been co-drafted and successfully pushed through the system by a local animal lover and an animal control officer committed to dealing with this problem. This proposed local ordinance would severely restrict the tethering of a dog in very specific terms and also define minimum shelter requirements. If passed, this law would give both the public and law enforcement a common and understandable standard which will bring about compliance and also empower prosecutors the leverage to insure that everyone will comply. Luckily, when laws like these are passed combined with outreach education, the vast majority of the public voluntarily complies. With the creativity of people like Annemarie, laws like this won't have to be used in court very often but it's important that they are available to law enforcement.
Thanks for a very relevant question!
Response from Annemarie:
In my experience with this situation, I find that if I offer the person a new collar and leash, a chew toy, or perhaps a new water dish, that they are more willing to listen to my advice regarding the care of their pet(s). My patrol car is stocked with goodies for cats and dogs just for this type of problem. Most people at this point will cooperate because they realize that I really want to help them out.However, for the more difficult person, I usually stress that unless they improve the quality of life for their pet(s), I will probably continue to be called to their house by concerned citizens. At this stage I have usually gotten my point across to the owner and improved the life of their pet(s). I have been known to be persistent when it comes to helping animals. Someone has to speak out, right? Good luck.
Comment from Bobbie:
Please check out these 2 web sites: www.dogsdeservebetter.com and www.unchainyourdog.org. I'm an Illinois rep for Dogs Deserve Better, and we are trying to change laws, and educate people about the inhumanity of chaining dogs. Maybe you could be a rep also. We need everyone possible to get on board. There are suggestions on how to help dogs, including a contact for your area that can help.What to do when animal control is the one doing the abuse
Question from Peg:
How do you report animal abuse when you see it happening in your local animal control shelter? I just heard that an animal control officer in my state who is the only employee at the shelter left the shelter unattended for a weekend and some of the puppies died. He has also on other occasions not provided food or water on a timely basis to the animals. If he is normally the one who investigates cruelty, where do you turn now?Response from Annemarie:
Well, that certainly is disturbing to hear. I would hope that is not the case, but if it is, someone needs to contact this man's boss. Everyone has to answer to someone, and the town supervisor is a good place to start. However, you have to have some sort of proof, in the form of statements or photos to support the accusations. Has anyone confronted this person yet? Perhaps the local media would be interested in doing an investigation as well. If all else fails, contact your local police department, the District Attorney's office and your state's Attorney General's office. They will be able to open an investigation on the shelter and hopefully correct the situation. It won't be easy, but eventually someone will listen if you have proof. Good luck!Response from Bob:
It's not often that a lawyer doesn't have much to say, but I can't think of much else to add to the wise advice given by Annemarie except to restate that local elected officials are the ones most directly accountable to the public and ironically have the most authority to initiate an investigation if all else fails. A letter from a constituent, or even better, from a local rescue group on letterhead, (much better than a phone call) asking for an investigation will usually do the trick. Other than that I think Annemarie said it all and best.When you've tried going up the chain of command at animal control and get nowhere
Question from Mary:
Following a question from Peg. My town has a similar problem with the condition at the city pound. Neglect of the animals has been documented on a continuous basis and brought to the council and Mayor's attention.The local media asked to tour the facility to dismiss the accusations. The city said, "No!" Many residents offered to volunteer their time and services to improve the facility and help the city operate a more humane shelter. The response from the city officials was to stop all communication from the public and to continue to allow the horrible conditions at the city pound.
To demonstrate, that the city will not change nor allow help, a chain link fence topped with barb wire was put around the facility to keep people from helping or documenting what goes on and how long the animals go with out attention. Money we thought better spent on care for the animals.
We know the facility violates our 36-hour confinement without adequate care law. What do concerned citizens who want a change do when the very people who can make change happen are more concerned about staying in control then listening to the citizens? We know their positions are elected, but it will be 3 years before another election. That's a long time for animal lovers to watch animals suffer.
Response from Annemarie:
It sounds like you have a real problem at your shelter and with your town officials. First of all, I am happy to hear that you have not given up. Secondly, if the shelter has nothing to hide, they should welcome the public, especially if they are offering assistance. You didn't mention if you contacted the District Attorney's office or the Attorney General's office. They should be able to intervene on behalf of a concerned public.Also, please contact our National Shelter Outreach department at the ASPCA. We have staff members across the country who offer assistance and guidance to local shelters. We might be able to contact your shelter Director to see what is happening over there. We might already have a relationship with the shelter and can give you some guidance. Contact us at Outreach@ASPCA.org. I have already notified them of the situation. It seems like we are constantly fighting to ensure that animals don't suffer at the hands of humans. Best of luck. I hope we can help.
Response from Bob:
Reading your question, Mary, I empathize with your frustration. I truly admire that you did what should've worked... but didn't.My ethical rules prevent me from giving you legal advice or to encourage litigation. But I can say this... it does sound like it's time to consult an attorney experienced in government law and sympathetic to your position. The cost of an attorney can often be shared by local animal advocates and rescue groups. I wish I could say more but ethics prevent me. Good luck in your persistence to help the animals in your community!!!
Reaching out to judges and prosecutors
Question from a member:
Do you have any suggestions for reaching out to the prosecutors, judges and legal system in our areas? Should we request a one on one meeting to talk to them about different animal situations or send them information through the mail? How often should we be in touch... just when there is a case or periodically just to check in? And is it ok for the general public to talk to them or just cruelty investigators? I am not a cruelty officer, but do work with a local animal rescue and thought maybe it would help to hear from someone other than the cruelty investigator so they know others care about this issue too.Response from Annemarie:
I definitely think that you should reach out to judges and prosecutors. I would suggest a letter first, and then perhaps invite them to a community meeting to discuss your concerns. You might even host an animal cruelty seminar in your area.My colleagues and I have been across the country teaching Police Officers, Animal Control Officers and anyone who is interested, about animal cruelty investigations. At the ASPCA, our Attorney for Humane Law Enforcement meets regularly with legal professionals and animal welfare organizations to discuss animal cruelty and to see how we can improve the conviction rate for abusers. The public needs to speak out regarding animal cruelty, because the animals certainly can't speak for themselves.
I remember several cases of mine that were profiled in the news, and the District Attorney's office was flooded with calls from the public who demanded that the cases be handled aggressively. It worked! The public has more power than you think, and judges and prosecutors represent the concerns of society. I would suggest that you remain calm and present your issues in a positive manner.
Although it's OK to become emotional, please remain focused. Remember, your voice is what might convince a judge that an animal abuser belongs in jail. Thank you for caring. Best of Luck!
Response from Bob:
Excellent question... something I'm asked often.Lobbying the court system definitely works. That's what MADD did with drunk driving. One-on-one meetings with judges are great if they're willing to meet with you. They won't discuss individual cases, but they may be willing to discuss the issues in general. Sponsoring a lunch, for example, for the local judges or asking to attend one of their own meetings and making a presentation can also work. It helps to use whatever clout you can, like being from a rescue group. Also, ask for help from national organizations that may be willing to send someone to help make the presentation.
And as weird as it may sound... being willing to invite the local public defenders is important. Judges will feel more comfortable, often, if they know that both sides are present, both prosecutor and defense lawyers. It also gets the defense lawyers involved in the problem and can often get them to better appreciate the seriousness of the crime their client committed, which can only help. Also, court watching, which is going to court on specific cases and letting the court know you're interested in that case also helps, especially since judges are often elected and care if the community is watching. Find out about specific cases; ask the prosecutor when the best time would be to show up. Definitely let the bailiff or court clerk know why you're there, not to intimidate the judges, but to let them and the prosecutor know that the community is watching. It makes all the difference in the world!
Lastly, HSUS and other groups have programs that can provide training for prosecutors and cops. And you can also contact the Animal Legal Defense Fund to ask them to send information to the local prosecutors on animal cruelty. Most prosecutors don't know this organization even exists, and it's there to help prosecutors do animal abuse cases.
Hope this helps you get things moving in your community!
Comment from Mary:
Buy them lunch & make them listen to you! Who can refuse a free meal? When they accept, the usually understand that the "price" for them is to "endure" 30-50 minutes of your agenda.Getting media to cover animal cruelty stories
Question from a member:
Is it possible to get local media to investigate cruelty situations? You see the big national news (e.g. the piece on Dateline a few years back) where reporters were undercover. Our local TV stations don't seem interested. If the local enforcement were lax or nonexistent or woefully insufficient, wouldn't media coverage help?Response from Annemarie:
Well, all I can say is that whenever we call the news in NYC about an animal cruelty case, we receive a lot of media attention. I want to add that even before Animal Precinct, the news was always interested in animal related stories. I think with a little pressure from the public, it is possible to persuade the media that animal issues should be covered in the news. If it is important to the public it should be important to the media. If you could reach out to a local politician, or an influential person in your community for support, your chances for coverage should improve.I would hate to think that there are no compassionate news reporters willing to help an animal in your communities. As cold and harsh as they say we are in NYC, our media loves animals, and they know that the public cares as well. Go for it. The animals in your communities are counting on you. Take care.
Response from Bob:
Media absolutely can help, and it's amazing how the media often fails to realize how coverage of this type of stuff gets lots of people to watch! The media is still slow to care, as you pointed out. I find that the key is to find someone in a local paper or television show that really cares about animals. Sometimes it's a reporter, a photographer, an editor, or cameraperson. It does not necessarily have to be the celebrity reporter, but someone on the staff. Then you have an "in". That calls for some research, asking questions, calling everyone you can, and sometimes bringing some photos or more detailed info to the media people to show them that there really is a story here. If you can get the backing of a local rescue group, or even a local politician, that gives it even more of a chance. If a politician or local celebrity is willing to be interviewed that can only help.Whatever works to get the story told... be persistent but professional, and you might be successful. That's the way it actually works here in LA. I've learned the names of the reporters who care about these stories. I stay in touch with them, invite them to events, keep them "in the loop". Getting someone to go undercover is especially difficult, but the rewards for the TV station or newspaper can be enormous. You may have to lead them step-by-step and show them what they're missing. Good luck!
Comment from Michelle:
There was a problem like that in an Alabama shelter, and one of the volunteers teamed up with Channel 15 news and went in with a hidden camera. The ensuing news report was almost too much to watch (and in some spots it brought tears). The people were arrested, and the shelter was inspected by the regional HSUS representative. Officials got some advice from her. My Humane Society took in 8 of the smaller less ill dogs (they wouldn't let us have too many of the very sick ones), but I think it still has a long way to go. Go to the media, and if that won't work, go to the top of the supervisory chain. It's the responsible thing to do!Comment from Jeanne:
Locally we have certain reporters who will jump on cases when notified. They have no way of knowing unless someone tells them. Recently a pup had been taped up in a box, picked up by animal control, news got wind of it, and filmed the pup with story at the shelter. Even though it had a bad case of demodectic mange, it was adopted and treated because of the story on TV. The station did a follow-up story of pup leaving the shelter, which indirectly sent others to the shelter... always a good thing!What to do about swap meets selling animals
Question from Sara:
I recently traveled to visit my sister's home, which is in a smallish (30,000 or so) town in a rural area. We went to a swap meet to look around, and I was horrified to see cages of puppies sitting right out in the sun with no shelter. I'm sure these people just sell the puppies to anyone who can pay for them (which, at 50 bucks a puppy, could be most anyone). They looked like backyard-bred dogs, and most weren't even purebred. I'm sure these dogs will not get spayed or neutered and will get dumped when they're no longer interesting, or will just get stuck out on a chain for the rest of their lives.I live over a thousand miles from this town, and don't know what I can do to help. I don't know why the local humane society hasn't done anything to stop this. Where can I turn to get help for these dogs?
Response from Annemarie:
I'm sure that scene was quite devastating to witness. You seem to be quite upset by observing the conditions in which these dogs were kept. Unfortunately the laws regarding back yard breeding and selling are very weak and need to be improved. I think the first thing you can do, however, is to find out who handles animal cruelty issues in your sister's town. The local humane society might not have the authority to take action. Why don't you contact the humane society to see if that is a function that they perform?Also, a call to the local police department should guide you in the right direction. I don't know if this swap meet is a regular event or not, but if it is, perhaps your sister would be willing to go back and take some pictures of the caged dogs and note the temperature. A picture is worth a thousand words, and people usually take notice if they are presented with a well-documented case. Welcome to your first animal cruelty investigation.
Now, at this point, the photos could then be sent to the agency that conducts cruelty investigations, and also to the town officials who probably have issued permits to the organizers of the swap meet. Document what you observed, with dates and times, and any other observations you made regarding the conditions to which the dogs were subjected. It will take some effort to help these animals, but you took the time to express concern, so please continue to inquire on behalf of these puppies.
As an investigator, I always welcome help from the public because I can't be everywhere. I depend on animal lovers to inform me as to what is going on in their neck of the woods. Best of luck, and thank you for caring enough to write. Go get 'em!
Response from Bob:
How horrible... and yet I believe this goes on in small towns around the country. Swap meets are infamous places for people to sell dogs and cats for "chump change".As to what can be done, virtually all states have laws that prohibit animals from being in cages without shelter from the sun, but as we talked about in this forum earlier this week, how do you get enforcement? I suggest finding out who are the elected officials (e.g. the mayor, a city council person). Send a formal letter to the local humane society asking that something be done, and send copies to the elected officials. Then follow up with phone calls to make sure someone does something about it. There are usually some local or state laws that apply to this situation. The key is getting someone to care.
Although I would like to believe that approaching these people might help, I'm somewhat cynical after all these years and doubt that the "inspirational" approach would help. It also can't hurt to write a letter to the local paper about the situation, again with copies to elected officials. Here in LA, we actually have a local ordinance that prohibits selling or displaying animals like that, but not every community has that type of law, unfortunately. If you push hard enough and are persistent in complaining, someone may respond to this problem. Good luck and thanks for caring.
Comment from Janetta:
In regards to the question and answers above, I live in a not so small town that also sells puppies at swap meets every Saturday and Sunday, and it disgusts me. Doing something about animal cruelty cases seems to be a joke here to local law enforcement and our local animal control. Cruelty charges have been filed several times, but nothing ever gets done about it. On contacting the mayor, I doubt he would do anything in my area, as he owns a pet store that sells kittens and puppies!!Comment from a member:
I don't know about swap meets, but it is my understanding that cameras are not allowed at dog auctions. Missouri rescuers have told me that if you take photos of a dog, your camera will be confiscated.In our state, the photo ban bill keeps popping its ugly head. This law would make it a felony for anyone to take photos of a puppy mill without the owner's permission. Interesting, isn't it? With picture phones and satellites everywhere, you can take photos of anyone without their knowledge or permission... not a felony. But, try to take a photo of illegal activity such as animal abuse, and you're a felon.
Wouldn't it be nice if we could deflect the paparazzi's attention from celebrities to puppy mills? With their tenacity, maybe people could finally see the proof they apparently need to see before they'll take action.
Coping with the "it's part of our culture" excuse for animal cruelty
Question from Crystal:
How do you cope with "It's part of our culture" excuses for animal cruelty and neglect? There are those who excuse cruelty to animals with phrases like, "This is a rural community, animals are just animals around here" and so on. I don't buy the excuse that "culture made me do it". However, I don't think animal care/control professionals should come across as interfering, self-righteous do-gooders, especially if their class and/or ethnic background is different than those they want to reach.Response from Annemarie:
Thanks for this question because being in NYC, we deal with lots of different cultures. I have had to learn to be very patient while investigating some of my cases because of cultural diversity. However, no matter where you are from and what you believe, there are laws in this country protecting animals against physical abuse and neglect. Humane Law Enforcement Officers are responsible for ensuring that the animals in their communities are treated humanely and with compassion. I also believe that any Officer dealing with the public should treat people with respect, and not use their "power" to violate anyone's rights.People always say to me "How come you were so nice to that guy who abused his animal? I wanted to jump through my TV and kill him." The reason is of course, that I am a professional, and I believe in treating all living beings with respect and compassion. Second of all I would end up in jail and would be of no use to the animals I am trying to protect. Bottom line is that there are laws protecting animals for a reason and that no matter how you were raised you must obey the law or face the penalties. Take Care.
Response from Bob:
I think there's no question that there is that "cultural" factor, to which you referred. Twenty-five years ago, Hispanic men charged with domestic violence commonly defended their conduct in court as "cultural"... and they often received more lenient treatment. As a result of more enlightened cops, prosecutors, and judges and education and pressure from domestic violence advocates, the "cultural" excuse was eventually rejected.I think the same should apply to animal abuse and neglect. However, I strongly believe that a "zero tolerance policy" should be preceded by an aggressive and effective outreach program that educates and provides resources and assistance to the public (as happened with domestic violence crimes). I see many cases of neglect where defendants probably would have taken better care of their animals and/or sought assistance IF they had been educated AND there were resources available to help those with economic issues.
Determining if a breeder is caring for their animals
Question from a member:
I was wondering what animal husbandry standards are used to determine if a breeder is properly caring for his/her animals or not? I have found the laws in NYS hard to interpret, for one... what is considered unsanitary conditions? At an animal seminar last year several animal control officers also said they didn't know what it meant. I also am not sure how one defines what medical care is required or under what conditions an owner or breeder is required to have an animal under vet care.So how does one know what is or isn't abuse/neglect? And how does one objectively investigate accusations against breeders when one is opposed to breeding (backyard, commercially, or for show)?
Response from Annemarie:
Great question! As long as you can articulate to a judge that the animals you observed are somehow suffering, due to excess urine and feces in their cages, or illness, due to overcrowding or lack of ventilation, you can prove your case. These conditions are usually pretty easy to detect. Let your nose do the talking when entering a facility. There should be no offensive odors emanating from anywhere throughout the location. Take excellent notes of the surroundings and be sure to comment about the odor.One of our officers, Mark MacDonald, has said in court before "Judge, I wish I could bottle the smell, because it was unbearable for not only the animals who have no escape, but for me as well." I think that pretty much says it all.
Animals should always be kept in clean cages, with access to water throughout the day. Any animals showing signs of illness should be immediately separated from the rest. Check for any nasal or eye discharge, which could be an indication of a more serious condition. Since we are not vets, it is necessary at times to issue a notice for the animals who appear ill, to receive medical attention.
All of the animals should be wormed regularly and the facility must keep accurate records for each animal. Animals should never be stacked on top of each other without a sufficient barrier to keep their excrement from dropping into other cages. The animals should have enough room to stand up and move freely throughout their cages.
Like I said, as long as you can show a judge that the animals are not being treated humanely, you will succeed. Take lots of photos and note the number of animals at the facility and how many caretakers are present. The problem with lots of breeders is that they don't have sufficient staff to take proper care of the animals.
These are just some practical points that I have mentioned. However, if you need to discuss the NYS laws regarding breeders please contact the ASPCA's Legislative Department at Outreach@aspca.org. We have staff members who can discuss this concern more in depth. In closing, as Humane Investigators we must put our personal feelings aside and remain professional at all times. I cringe when I walk into some of these breeding facilities, but I always remain focused. Good Luck!
Response from Bob:
Prosecutors and judges do, indeed, complain that there are inadequate legal definitions of proper care. This frustrates investigators, who know when they see criminal neglect, and can often articulate why. My office prosecutes these cases under these laws without definitions, and, yes, sometimes it's a challenge. However, a well-documented investigation from a skilled humane investigator that brings the situation to life for a judge or jury will bring about convictions. People sometimes forget that there are no real definitions of child abuse, yet we wouldn't question prosecuting child abusers. The courts have determined that terms like "abuse" and "neglect" are specific enough based on established community standards. So if we can enforce child abuse and neglect, then I see no excuse for not enforcing animal abuse laws. Through education and public pressure, I believe the system will eventually respond, but we've got a long way to go.Closing comments from Annemarie Lucas:
I would just like to thank everyone for participating in this animal cruelty forum this week. It looks like we still have lots of work to do in order to accomplish our goal of making this world a loving and compassionate place for animals.It amazes me that in the year 2004 that we still have so little regard for the rights of animals in some communities. I think we have made some excellent progress however, and every animal that we save, and every bad guy that we arrest, is bringing us one step closer to victory over animal abuse. Please keep up the pressure in your communities and don't give up. You are the only voice these animals have. I know it seems at times that no one is listening, but eventually someone will take notice and begin to take action.
If everyone believed that it is a privilege to have an animal and not your "right" to have an animal, there would be no animals left to suffer. Thank you all for caring about animals. Take care.
