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Leave a bone for CONGO
Nicknames: SAVE CONGO
Arrival Story: If you have not heard about this troubling story, now's the time you did. Whether you are a dog lover or not this story is distrubing because it is another failure of the judicial system to follow the law. The law requires that the State prove by 'clear and convincing evidence' that a dog is vicious in order to end the dog's life. That means that the State must show that it is 'highly probable' that the dog is vicious. A dog who is provoked and bites in defense of himself or a member of his family (dog or human) is not a vicious dog. We, the people, do not need an expert to tell us this. However, for those who need this comfort I am attaching a copy of the 'expert report' which opines that the dog, known as Congo, was 'clearly provoked'.
If you know me personally, you know about my escapades in searching for the truth and my dedictation to helping 'underdogs'. I have helped many of you and rarely, if ever, ask for anything in return. If I have one 'help' to use in exchange for the help that I have given then I am willing to use it on Congo's behalf.
For those of you who do not know me, I am an attorney and not well liked in my profession by some (or maybe many) because I am willing to talk about 'the pink elephant' that stands in the middle of the room. I have little tolerance for those who tell me to look the other way while legal professionals violate the rights of hardworking, taxpaying people. One of the most common pink elephants is when a judge deviates from the law because of political pressure or personal gain (in the form of future policial favors) which we all know too well. Either this judge is working on making his way to the Superior Court (heaven help us) or he was sleeping during the trial (some of you have had this experience, I know I did when I sat on a jury in Burlington County in 2004).
The Trenton Times article on this story is below and following that are statements from the expert, animal caregivers, friends, and family. Goes to show you anyone can be a judge these days...you just have to know the right people and nothing really about the law or the process involved in analyzing it.
What can you do to help? Send letters to support the James Family (whom I have met and wholeheartedly endorse as well as their dogs) to the following: Use the Subject 'SAVE CONGO'
· letters@njtimes.com
· casseyandrossi@nj1015.com
· ahuston@pacpub.com
· letters@trentonian.com
If you want to do more on November 13, 2007 beginning at 10:00 a.m. at the Adminstrative Building on Witherspoon Street in Princeton there will be a protest of the judge's decision labeling Congo as 'vicious' and ordering Congo to be put to death. If you want more details please contact me.
Trenton Times Article
Judge rules dog should be put down
Defense to appeal ruling in landscaper attack
Thursday, November 01, 2007
BY LINDA STEIN
PRINCETON TOWNSHIP -- A German shepherd that attacked a landscaper was ruled vicious by a Municipal Court judge and four other dogs were found to be potentially dangerous.
The ruling may be a death sentence for the German shepherd named Congo because a dog found to be vicious is required to be euthanized under state law. But the defense has vowed to appeal the judge's ruling.
In his opinion handed down Tuesday, Judge Russell Annich Jr. said that workers came to the Stuart Road house of Guy and Elizabeth James on June 5. Giovanni Rivera, of Trenton, was one of five day laborers hired to perform landscaping work at the 10-acre, fenced property. The crew had arrived at about 7 a.m., which was earlier than the couple expected them, the judge wrote.
According to the ruling, Guy James saw the workers drive up and told them to wait in their car until he returned and told them the dogs were inside. The men waited about 13 minutes, then two got out and started work, the judge wrote. After a minute, Elizabeth James told them to get back in the car. Several of the dogs ran over, barking. One of the workers was frightened and repelled the dogs with a rake, the judge wrote.
Elizabeth James shouted for the worker to stop hitting the dogs with the rake, and Rivera, who was frightened and seeking protection, grabbed her from behind, according to the ruling. She began screaming. Rivera then fell to the ground. At that point, Congo began to bite him and the other dogs joined in, the judge said.
After about three minutes, Guy James came out of the house and stopped the dogs from attacking, according to the opinion. Rivera was taken to The Medical Center at Princeton where he was treated for multiple bite wounds.
In his opinion, Annich said Rivera 'suffered substantial injuries.'
Attorney Robert Lytle, who represents the homeowners, said he will appeal the ruling to Superior Court.
'Although we respect the judge's decision we disagree with it,' Lytle said. 'There was overwhelming evidence the incident in this case was provoked unintentionally by the workers on the property, swinging a rake at the dogs, hitting the dogs in the head, injuring them.'
Kim A. Otis, the municipal prosecutor, said, 'I thought it was a very fair hearing. But clearly common sense prevailed and this is definitely the right decision.'
Otis said, 'The owner was right there when the dogs came charging around the corner and attacked the workers. That is just simply not acceptable.'
In a closing argument filed with the court after a two-day trial in October, Lytle noted that Rivera had changed his account of the incident several times.
He also reminded Annich that Ilana Reisner, a professor at the University of Pennsylvania School of Veterinary Medicine and an ex pert in dog behavior, testified that the dogs were 'clearly provoked' before the biting incident began.
Annich scheduled sentencing for Nov. 13, where the owners could face fines.
Meanwhile, in September, Princeton Township Committee adopted a change to its ordinance increasing the registration fee for a potentially dangerous dog to $700 from $100.
Linda Stein can be reached at lstein@njtimes.com or (609) 989-6437.
STATEMENTS FROM EXPERTS, CAREGIVERS, FRIENDS AND FAMILY
“In my opinion, which is being rendered to a reasonable degree of medical certainty, the bite incident in question was clearly provoked.â€
“Based upon these threats [unfamiliar individuals, perceived threatening position, the attack of the puppies with a metal rake, grabbing the owner from behind and pulling her to the ground] the dogs were compelled to defend themselves and their owner.â€
Llana R. Reisner, DVM, PhD
Dept. of Clinical Studies – Philadelphia
School of Veterinary Medicine
University of Pennsylvania
All of the dogs are described as “sweet and affectionate†by Jessica Haklik of the Save the Animal Shelter. Save the Animal Shelter has been caring for Congo while he has been confined and separated from his family due to this incident.
According to Marta Hopkins from Save the Animal Shelter who has studied “temperament testingâ€, none of the dogs have demonstrated any behavior suggestive of an aggressive temperament.
“I have never had any negative behavior issues with any of them [all of the dogs] while they’ve been in my care… I can’t understand for the life of me how the Judge could make such a permanent decision to end Congo’s life based on one incident that in my mind and many other outraged minds was caused by an obvious act of a person…â€
Ginny Amalfi, Hopewell Valley Kennel
“Why did they take Congo away when mommy was attacked and I could not protect her. “
Ben James, age 8
Princeton’s building inspector, John Pettenati, describes the dog as the “happy dogs†because they would be “bouncing, happy, and jumping around†when he conducted unannounced visits to the property while the James’ in-ground pool was under construction.
“I can honestly say that this dog is a sweetheart and I never felt any fear whatsoever.â€
Amy S. Brigham, friend of the James’
“The judgment in my and many others opinion is totally unfounded…Protecting his owner is instinctive in dogs and not grounds for execution.â€
Derron H. Dover, Hidden View Nursery & Landscape Supply, LLC.
“I visit the James’ house often along with my 14 year old daughter. She adores all the dogs and they are nothing but playful and gentle. There is no doubt in my mind that the attack was provoked….I think this judge should have his head examinedâ€
Beth Wilson, friend of the James’
“If Congo was vicious, I’m thinking my kids [14 and 16] would not be playing with him, nor swimming in the pool with all of the dogs…..If someone was taking your spouse down on the floor, what would you have your dog do?â€
Jodie Capezza, North Brunswick – Friend of the James’
Bio: New video of Congo at home
http://www.zootoo.com/zootootv/v/p etpulse127congoawaitseuthappe2
Live Radio Show and Feed:
http://warreneckstein.com/action/c ongo.html
http://www.thepetitionsite.com/tak eaction/591385946
MY EMAIL IS SAVECONGO@AOL.COM
Thank you for all your support
The Groups I'm In: Million Dog March, ~~~*♥Dog Park USA♥*~~~
I've Been On Dogster Since:
I am waiting on my web page to be set up. In the mean time I have set up a myspace page and its www.myspace.com/congosnation please come visit me I need all the help i can get, also my email address is savecongo@aol.com
A bill introduced in the state Assembly on Monday could prove to be Congos best friend if it succeeds in amending the current state statutes that were cited by a municipal judge when deciding the fate of the German shepherd that was labeled vicious and ordered to be euthanized for its attack on a landscaper in Princeton Township in June.
That sentence is currently being appealed to the Superior Court by Robert Lytle, the attorney for the dogs owners, Guy and Elizabeth James.
But if the legislation, called Congos Law, is passed, it would apply to current and pending cases and retroactively to dogs facing euthanasia by court orders back to Jan. 1.
Among other changes, the bill provides an alternative for the euthanization of dogs declared vicious by allowing their owners to comply with the same precautions mandated for keeping a potentially dangerous dog, which include posting signs and restricting the dogs contact with people and other animals.
However, the bill still needs a co-sponsor in the Senate, according to state Assemblyman Neil Cohen (D-Union), who introduced the legislation Monday.
He said he crafted the bill because of his belief that the current statute is unfair and needs to be updated.
Attention came to the case after Congo was sentenced to be euthanized for his role in the June 5 attack, which left 42-year-old landscaper Giovanni Rivera, of Hamilton, in the hospital with severe injuries.
After undergoing three hours of surgery for his wounds and receiving 65 rabies injections because some of the dogs were unvaccinated, Mr. Rivera was paid a $250,000 settlement by the familys insurance company.
Although municipal Judge Russell Annich Jr. said at the Nov. 13 hearing that the case was neither criminal nor civil, Assemblyman Cohen said such cases should have the same procedural safeguards as criminal proceedings.
His bill reflects that belief with its inclusion of an amendment that according to a statement attached to the bill raises the burden of proof for finding a dog to be vicious to beyond a reasonable doubt.
In the same statement, Assemblyman Cohen says the legislation was designated as Congos Law, adding that by many accounts the now-famous German shepherd was instinctively protecting its owner when it attacked Mr. Rivera.
To that end, the bill would establish a definition for the term provoked, which is not included in the current statutes.
Under the new law, provocation would include causing or inciting a dog to defend itself, its offspring, or its owner or a family member of its owner, by engaging in threatening actions or behavior, such as entering property without the presence, permission, or direction of the owner or gesticulating at, striking, grabbing, poking, prodding, or otherwise threatening the dog, its offspring, its owner, or a family member of its owner in such a way that reasonably would be expected to cause a dog to react in a protective manner.
The bill also states that the court should only declare dogs vicious if it finds beyond a reasonable doubt that the dog killed a person or caused serious injury or if the dog poses a continuing or future serious threat of bodily injury.
In addition, the bill would allow dogs involved in such cases to be returned to their owners while the cases are decided, if the owners comply with the conditions for potentially dangerous dogs.
The bill would also eliminate the requirement for potentially dangerous dogs to be tattooed, and wouldnt require their owners to obtain liability insurance two of the conditions upheld by municipal Judge Annich when he labeled four of the James other German Shepherds as potentially dangerous after the attack.
Mr. James said Monday that he is absolutely pleased with the introduction of Congos Law.
He added, This case is so far beyond just Congo and our family, he said. As Ive said before, we will continue to do everything we can to make sure this will not happen again until we get all five of our pets back without any labeling and convictions.
In a prepared statement, Mr. James added, As unfortunate as this has been for everyone involved, it is imperative for us to utilize the publicity of this case to educate and inform the public of the impact that this case will have on any future case of this nature.
On Thursday, a Superior Court judge ruled that Congo could be sent home from Save A Friend to Homeless Animals shelter, where he was held after the attack, pending the appeals process.
Mr. James said Congos Law will remind us that Congo was not locked up in vain.
If anything good has come out of this incident, this law will protect any future suits as ours deeming a dog vicious and put to death, he said.
Assemblyman Cohen said he crafted the bill after learning that the dog was ordered to be euthanized despite the fact that it had no prior history of bites or attacks.
He said he was stunned that the court jumped right to euthanasia despite testimony from a dog behavior expert from the University of Pennsylvania, who stated during the trial that Congos attack was the result of provocation, albeit unintentional.
In the garden variety cases, you dont have a behaviorist come in and testify on behalf of the animal, he said.
Though Prosecutor Kim Otis, Animal Control Officer Mark Johnson and the police report from the incident dispute Mr. James claim that his wife was pulled down by Mr. Rivera, Mr. Lytle has said the fact that she was grabbed and screamed constituted provocation.
He said the appeal will focus primarily on his argument that the state didnt meet its burden to prove that Congo was unprovoked.
Noting that the legislature is running out of time before the new years session begins, Assemblyman Cohen said he will attempt to have to bill come before the Agriculture Committee at its Dec. 6 meeting so it can move on to the house floor.
Ill be meeting with a few people from now until the committee meets ... to see if we went too far or didnt go far enough, he said.
In the meantime, Mr. and Ms. James are planning to set up a nonprofit organization to help those involved in similar cases.
Thank you so much for forwarding my email to Mr. James and his family. I am a long time listener of The Jersey Guys. I must say that I love the passion you guys bring to the show. It is refreshing to have someone who truly cares about us and our family pets. After all, our pets are members of the family.
This past Saturday, (11/17/2007), I had the pleasure of meeting Mr. James, his family and of course, Congo for the first time. I wondered what exactly I had gotten myself into when I volunteered to groom the dogs upon their homecoming from the shelter . As a professional pet groomer for 28+ years, Ive heard many pet owners say my dog is not nasty or he never bit anyone, ect.. I must tell you that neither Congo nor Lucia are by any stretch of the imagination viscous dogs. Both were perfect angels through-out their grooming, and full of kisses! These two are also very well mannered. Congo and Lucia responded immediately to all basic commands given during the grooming process ex; sit, stand, stay, ect I can tell you that many pets dont behave as well.
Congo and Lucia embody everything a German shepherd is supposed to be as defined by the American Kennel Club. The German Shepherd is a loyal companion, protector and friend. The breed has a distinct personality marked by direct and fearless, but not hostile, expression, self-confidence and certain aloofness that does not lend itself to immediate and indiscriminate friendships. In the many services the German Shepherd performs for humanity he exhibits a high order of intelligence and discrimination involving the qualities of observation, patience, faithful watchfulness, and even to a certain degree, the exercise of judgment.
When I meet Congo for the first time Mr. James introduced us. Congo was excited to meet me and full of kisses. The landscapers intruded onto the Jamess property without permission, this was the first of their mistakes. The puppies exhibited a natural reaction by barking at the trespassers. How many of us have dogs of our own that come barking whenever someone knocks on our door?
The landscaper began hitting the six month old puppies with a metal rake causing them to cry-out for their parents. Congo and Lucia heard the puppies and came to investigate what the matter was. Mrs. James began yelling for the man to stop beating the puppies. Seeing the dogs Mr. Rivera, one of the other landscapers, grabbed Mrs. James from behind by the shoulders causing her to scream. Mrs. James was wrestled to the ground. Assaulting Mrs. James in this manner was a huge mistake on Mr. Riveras part.
In Congos point of view, taking in the whole picture, he reacted in defense of his family. Dogs are by nature pack animals, each having a specific rank within the pack. Our dogs see us as their pack leaders. They are especially sensitive to our moods and general well being. Congo and Lucia responded to the distress in their youngs yelping and Mrs. Jamess screams, an instinctive behavior. Isnt this why many of us have dogs in our homes? For our familys protection? There have been many times when my own pets have tried to comfort my kids or myself when sick, sad, or hurt ect.. I wouldnt have them any other way.
Pets have become an intrical part of the family structure over the last decade or so. Even though dogs are still used for herding, police dogs, tracking, services for the blind, ect.. That is not their sole purpose. Dogs have become our constant companions, giving us their unconditional love.
The decision at put Congo to death affects all of the dog owners in New Jersey as well as the nation. He should not be punished for doing what comes naturally, the protection of his family. I am in full support of Mr. James and Congo.
Thank you again for bringing this issue to light, without you guys we never would have know about Congos plight. I enjoy listening to The Jersey Guys and all the things you do for the people of New Jersey. Without you many of us would not have a voice in this state.
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