Third and last day of the conference. It’s bittersweet at the end of these events. I’m sad to leave a community of colleagues all passionate about the same things, but I’m grateful for the opportunity to be a part of it and happy that I leave with a brain full of information and new insights. When I’m faced with professional adversity I will try to keep the memories of the good feelings I had at the conference with me.
The morning of the third day a woman from the US War Dogs Association spoke to us about the organization and their efforts to secure medals of honor and memorials for the fallen canine officers. It was very moving. Following this, a pathologist from the medical examiner’s office presented on animals involved in some of the cases she has worked – VERY graphic pictures but equally interesting – did you know that Miami-Dade County experiences the most horse slaughter in the country?
Dr. Randy Lockwood from the ASPCA gave an extremely heart-wrenching talk regarding Phoenix – a dog who was doused in gasoline and set on fire by two brothers in Baltimore. Dr. Lockwood was called to consult on the case. I was in tears as he described the incident – how there was surveillance video of two boys (they were not yet 18-years-old at the time of the incident) kicking a dog who approached them in an alley, then leading the dog somewhere off camera; a few minutes later the video showed the same boys running out of the alley, followed by a dog running, engulfed in flames. A Baltimore police officer on routine patrol had the decency to stop, put out the fire, and take the dog for emergency medical treatment. She called for other officers to come process the scene but NO ONE responded – not for a week. In that time all evidence had been compromised. The gas can was collected, but it had been sitting in the rain for a week. Dog feces was found in an abandoned house the brothers were known to frequent, but samples were not taken to compare to Phoenix, so no connection between the boys and the dog could be established. No one at the hospital where the dog was treated saved the towel she came in with for accelerant testing. No hair samples were collected. The collar on the dog was saved but it was not preserved in a non-reactive metal container that would keep the gasoline from degrading. Interviews with witnesses were futile, as Baltimore has a well-known “stop snitchin'” attitude and an extreme reluctance to cooperate with police. Phoenix was euthanized due to the severity of her injuries after a valiant fight, and the boys were remanded into adult court.
As many people now know, fire-setting and animal abuse have long been established as two major precursors to even more serious crimes and interpersonal violence. During trial, the lack of sufficient evidence was the downfall of the case. The defense witnesses cast doubt on everything – the video surveillance, the arson evidence… the jury ended up in a deadlock and the defendants were released. They were retried recently and found not guilty. It took only an hour to decide, after almost 20 hours of deliberation at the first trial. News reports said the second jury was visibly disinterested, often seen laughing or even sleeping. There were issues with evidence and testimony being barred. In short, it went horribly wrong. Interestingly, a bit of poetic justice: both boys have been arrested and thrown in jail on other charges since the first trial, including drug possession, burglary, and attempted murder. But, as Dr. Lockwood said, Phoenix did not die in vain: an anti-animal cruelty task force has been established in Baltimore. Billboards have gone up. Awareness has increased. Some good has come of it. But the sickness in the pit of my stomach even as I write this remains strong. This is why I continue to be interested in increasing the knowledge of proper forensic techniques for those involved in animal cruelty cases.
Finally, Diane Balkin spoke again, this time on search and seizure and proper execution of warrants. She told us of an interesting case in which a weapon was found in a trash can that was located right outside a suspect’s house. The trash can was not included in the warrant and so the weapon could not be seized as evidence because of the concept of curtilage, which describes the area immediately surrounding a house including associated structures where a homeowner has a reasonable expectation of privacy. It could have been seized if the warrant included the trash cans, or if the cans had been moved to the curb for pick up, as this would have made them “abandoned” property. Interesting. I love law and should have been an attorney.
Now, it is back home and back to reality. I am sad my time at the conference is over but glad for all of the new information. It is always a comfortable bubble of support at these conferences, but it bursts fairly harshly when I am home and on my own. But let’s see if I can make something happen here.
Thank you so much to IVFSA for all of your hard work and for inspiring me to continue the fight!
Here are some more photos of my time in South Beach – enjoy!