Category Archives: Criminal Law

Celebrating Newfound Freedom

Happy 4th of July!

In celebration of this holiday, I’d like to share two recent, happy stories from the ASPCA:

The last week in June saw a judge in Florida rule in favor of turing over ownership of 700 cats to local authorities, rather than have them return to the sanctuary where they were housed. Thanks to the court order, they are one step closer to finding good forever homes and will never have to return to the filthy environment they were confiscated from – an overwhelmed “rescue” called Caboodle Ranch that could not (and would not, in some cases) provide the necessary care for the animals housed on site. The judge also “prohibited Caboodle Ranch from acquiring any more animals, ensuring that no more cats fall victim to hoarding there” (aspca.org).

 

Caboodle Ranch (photo courtesy of animalhoardinginfo.blogspot.com)

 

Read about the Caboodle Ranch investigation and rescue (which occurred this past February) by following this link (there’s a great video with on-the-ground footage – I was happy to see many familiar faces from the IVFSA conferences I’ve attended!): http://www.aspca.org/Fight-Animal-Cruelty/aspca-in-action/madison-county-florida-february-2012

Also in June, the ASPCA, along with NYPD Vice Enforcement Division and the Bronx District Attorney’s Office, rescued 50 dogs “ranging in age from 12 weeks to five years,  found living in the windowless basement of a six-story apartment building in the Bronx. The space, which served as a makeshift dog fighting arena, was littered with crude wooden cages and had the capacity for roughly 100 spectators. Raul Sanchez, the building’s superintendant, was taken into custody and charged with animal fighting, a felony. Also discovered on scene were a loaded .25-caliber handgun, U.S. currency, and other equipment associated with dog fighting—including dog treadmills, harnesses, muzzles, syringes and a shopping cart full of raw chicken parts” (aspca.org)

Bronx Dog Fighting Raid (photo courtesy of ASPCA)

Read about the rescue here: http://blog.aspca.org/content/aspca-rescues-50-dogs-bronx-dog-fighting-case

These victories prove we CAN make a difference! Let’s keep up the good work, and LET FREEDOM RING!

P.S. More dogs (cats too!) go missing on July 4 than any other day of the year. Fireworks scare animals! Keep your pets safe this holiday!

Protecting Our Oceans

Last Friday was World Oceans Day. I have always loved the ocean, and was fortunate enough to live at the beaches of southern Delaware a few years ago where I could surf, fish, and take my dog for a swim in the ocean and bay any time I wished. To me, the ocean is symbolic and awe-inspiring, capable of evoking unbridled happiness and intense fear. She commands constant respect; take her for granted for only a second and she will furiously slap you back into submission.

But the world’s oceans are rapidly being depleted of the species that make them what they are. Poachers are snatching coral, rays, and aquatic species of all kinds at an unsustainable rate. Perhaps the worst are the shark poachers, who typically catch sharks, cut off their dorsal fins, and toss them carelessly back into the ocean to die. One Washington Post article states that  “reef sharks in the Pacific have declined more than 90 percent in recent decades”.

Recently, several shark poachers were caught off the coast of Indonesia among a group of islands known as Raja Ampat, a marine protected area (MPA) and a place I have long wanted to visit – it may be one of the most beautiful areas on earth.

Raja Ampat – Indonesia (Photo by Scuba-Libre-Bali.com)

Part of the Bird’s Head Seascape, it is an area that naturally boasts sea turtle nesting, colorful coral, shark and ray breeding grounds, and a multitude of species not seen anywhere else. It is protected by proud, trained villagers working on patrols with local police dedicated to maintaining it’s diversity. A Conservation International (CI) article says:

“Despite its global importance, the area was previously a hotbed of illegal activities such as dynamite fishing and shark finning from outside fishermen. However, in 2006 the local Kawe tribal leaders decided enough was enough. With support from CI, they declared a 155,000-hectare (383,000-acre) MPA in a bottom-up process that included a declaration both by the Papuan traditional Adat council as well as the Raja Ampat government. This was eventually followed by a national declaration affording it the highest level of protection for any MPA in Papua. The Kawe communities took it one step further, declaring over 97.5 percent of the MPA as a “no-take zone” through a traditional Papuan sasi declaration, meaning that no fishing of any kind is allowed within this area. With this declaration they made the Kawe MPA into the single largest no-take zone in all of the Coral Triangle, a region stretching from Indonesia to the Philippines and the Solomon Islands. In addition, in 2011 the area was additionally protected under the Raja Ampat shark sanctuary decree, which forbids any shark and ray fishing anywhere in Raja Ampat,” (http://blog.conservation.org/2012/05/shark-poachers-chased-down-by-indonesian-communities-police/).

Poachers with their catch. (Photo courtesy of Conservation International)

Unfortunately, as is the case everywhere, some choose to disregard the regulations. In this poaching case, seven boats of fishermen were rounded up for illegal fishing after they tried to evade capture. Long lines and air compressors, gear commonly used in shark fishing, were found on board their vessels. Sharks, still alive but bleeding after being hacked apart, were struggling and dying on the boats. Piles of shark fins, sea cucumbers, and rays were confiscated, and the estimated price of the catch and the gear amounted to approximately 1.5 billion rupiah (about US$ 160,000). The Washington Post states that “sharks are used to make shark’s fin soup, a Chinese delicacy, and sea cucumbers are sought by Japanese diners“. This Post article also has a link to an interesting article about shark’s fin soup.

Shark fins. (Photo courtesy of Conservation International)

The most frustrating thing about this case is that there was not enough man-power to physically capture and prosecute the poachers – it was night and law enforcement had only one boat. Although an official arrest was made and they were ordered to report for processing the next morning, the poachers fled. The government has pledged to pursue them.

The illegal fishermen. (Photo courtesy of Conservation International)

On a positive note, this shows the willingness of local governments to protect their natural resources from poachers. But in the world’s most remote areas, enforcement of the laws may be difficult if not impossible, due to scarce resources and a lack of personnel. However, it CAN happen… check out this article about Mexico’s Cabo Pulmo National Park at the tip of the Baja Peninsula  – in just 10 years, the amount of fish in the area has increased more than 460 PERCENT! This amazing feat was achieved solely by strict enforcement of protection laws by locals, and has resulted in not only an incredible recovery of what was once a depleted natural resource area, but in a revenue-generating eco-tourism boom! The article also has a beautiful one minute underwater video of the HOARDES of fish that thrive in the area.

I celebrated World Oceans Day by concentrating on the positive victories. Eliminating poaching CAN be done. Let’s learn from this example and keep pushing. Our oceans depend on it.

Veterinary Forensics Conference, Day 3

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.

Phoenix

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!

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Check Your State’s Humane Law Ranking

Photo courtesy of the UK Human Rights Blog

 

Today the Humane Society released a report detailing all 50 states’ animal laws in 2011, as they relate to “issues ranging from animal fighting to farm animals to wildlife to companion animals”. When you click the link below it will bring you to an interactive map. Hover over any state to see a brief synopsis and whether or not it increased or decreased in its rank in 2011.

I am very disappointed in my own state’s ranking, and would have thought it to be higher than it actually is. And something I already knew from working in the field that I do: it is one of the only states with no felony penalties for first-time cruelty violations. This fact is sad and discouraging, given the horrendous nature of some of the animal crimes I’ve seen. But laws can change.

Take a look and see how your state ranks:

http://www.humanesociety.org/about/state/humane_state_ranking_2011.html

The Many Faces of Criminology

If you’re like me, and many of you at least share some of my interests since you’re reading this thing, you love to learn. I’m obsessed with learning everything. It’s just a part of my personality. If I go hiking in the mountains and find a flower I’ve never seen before, I want to know what it is. I’ll scour books and the internet until I find it and then I’ll read everything I can about it.

Most of the time this is fun and I enjoy this about myself. Other times it’s frustrating. Why can’t I just take a walk and enjoy my surroundings without having to know EVERYTHING about EVERYTHING, and being annoyed that I know so little?? And just because I read all this information doesn’t mean I retain it. *SIGH*

In any case, I did a random internet search the other day on the topic of criminology, or the study of crime. I respect the fields of criminal justice and criminology, but don’t have a burning desire to study them individually except in terms of forensics. I felt this was a bit unfair, so I wanted to see what I may be missing. Little did I know how broad a topic criminology is. Even though I’ve taken so many courses that involved “criminology” on some level or another I wasn’t aware that there were so many different branches and types. Everyone knows the big ones like white/blue collar crime and organized crime, but there’s also corporate crime, political crime, public order crime, state-corporate crime (get a glimpse of them all on Wikipedia)… pick a word and put “crime” behind it and you’ve got a new -0logy. Then there’s all the various “schools” of criminal theory, and their histories… it’s enough to make my head hurt. But the one that interested me the most was environmental criminology.

When you hear the term “environment”, if you’re like me again, you’re thinking THE environment, earth, Mother Nature, etc. I was excited! But environmental criminology can refer to many things; the whys and hows of crimes that are committed in certain areas, like urban vs. rural, or it can involve crime mapping or “spatial distributions of targets and offenders in a variety of settings and the way in which the location of a crime interacts with other dimensions to produce a criminal event” (NCJRS). The science even has its own Facebook page, which states that it “focuses on criminal patterns within particular built environments and analyzes the impacts of these external variables on people’s cognitive behavior. It forms a part of the Positivist School in that it applies the scientific method to examine the society that causes crime.” Hmmm…. or zzzzzzzzzzzzz…? Interesting, but only to a point. If this is exciting for you, please pardon my yawn.

But turns out there is something referred to as Conservation Criminology, which is getting more attention of late and goes hand in hand with wildlife forensics. Michigan State University is even offering a certificate program in this field, and their page states: “Conservation criminology, the interdisciplinary study of environmental crimes and/or risks, is a newly emerging area of scholarship conducted in collaboration with faculty, students and researchers from MSU and across the globe.  Conservation criminology synergizes the fields of criminology and criminal justice, conservation and natural resource management, decision-analysis and forensic science to examine environmental crimes, harms and/or risks.” That’s more like it! I’m not so much interested in the study of crime for crime’s sake. But I am interested in it when it relates to what I automatically think of as the environment or nature or wildlife. Their page goes on to say: “The program is designed to promote the deconstruction of key environmental risks using multiple scales (e.g., individual, corporate, international) and to use a diverse set of disciplinary theories, methods and tools to explore and explain environmental risks, including regulation, enforcement and broader strategies to achieve compliance (e.g., education, risk communication, etc).” Very cool.

Years ago I worked in the field doing wetland delineations and Phase I site assessments, which involved evaluating parcels of land for environmental concerns, hazards and contaminants. I didn’t realize it then, but I guess I was involved in a type of conservation crime evaluation with those land investigations. Hmmm. Curious how life can come full circle.

It’s crazy how one science can have so many branches, and also how something that on the surface may appear boring, may in fact relate to something you’re deeply interested in if you dig deep enough! I have more research to do…

Uphill Battle to Combat Poaching

Photo by Elizabeth Bennett

The article below was published on the Wildlife Conservation Society’s website. You can see it here: http://www.wcs.org/news-and-features-main/wanted-tougher-enforcement-of-wildlife-crime.aspx

I quoted it directly because I felt that trying to summarize it would be pointless.

“Poachers killed almost 230 rhinoceroses in South Africa between January and October of last year. Over the past decade, they’ve killed countless tigers, too, for trading rings that deal in wildlife skins and body parts. Today, fewer than 3,500 of these big cats remain in the wild.

These are just two of many examples WCS  (Wildlife Conservation Society) conservationist Elizabeth Bennett highlights in a recent paper. In the journal Oryx, Bennett addresses how organized crime has become more sophisticated in smuggling wildlife and wildlife products and adept at eluding authorities.

Previously secure wildlife populations are now under threat as poachers and smugglers step up their game. Some new tactics include using hidden compartments in shipping containers, rapidly changing trading routes, and switching to e-commerce, which makes their operating locations difficult to detect.

As advanced smuggling strategies hasten local extinctions of wildlife species, better law enforcement is needed immediately. Bennett suggests various strategies to counter organized wildlife crime activities. These include increasing numbers of highly trained and well-equipped enforcement staff at all points along the trade chain, using more sniffer dogs, conducting DNA tests to search for wildlife products, and employing smart-phone apps with species identification programs.” (Wildlife Conservation Society)

To read about some of the global programs that exist to combat poaching, follow this link:

http://www.wcs.org/conservation-challenges/natural-resource-use/hunting-and-wildlife-trade.aspx

There are also current news stories on the same page. Happy reading, and lets keep up the fight.

ASPCA’s Groundbreaking DNA News – March, 2011

This is unprecedented… two humane law enforcement cases have resulted in felony convictions based on DNA evidence. I’m so excited I can barely write this, so here is the link to the article on the ASPCA site:

DNA Evidence Revolutionizes Cruelty Cases in NYC

I was priveleged to hear Dr. Robert Reisman, the ASPCA medical coordinator quoted in the article, speak at last year’s veterinary forensics conference . He has been doing some phenomenal research with graduate students in New York that will certainly add to this emerging science. And although there is already an established canine DNA database (Canine CODIS), these two cases make it even more apparent that DNA can be used to solve not only human crimes, but crimes against animals too.

How great is this? Just one more step towards making the laws established to protect animals even stronger.
Keep up the good work!

photo courtesy of ASPCA.org

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