Save Congo

COME VISIT ME

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

Save Congo Princeton Packet

'Congo's Law?' Lawmaker says dogs need one

'Provoked' dogs could escape euthanization



The Princeton Packet - http://tinyurl.com/yvgymu

Tuesday, November 20, 2007

By Nick Norlen, Staff Writer



A bill introduced in the state Assembly on Monday could prove to be Congo’s 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 dog’s owners, Guy and Elizabeth James.



But if the legislation, called “Congo’s 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 dog’s 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 family’s 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 Congo’s 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 wouldn’t 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 “Congo’s Law.”



He added, “This case is so far beyond just Congo and our family,” he said. “As I’ve 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 “Congo’s 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 Congo’s attack was the result of provocation, albeit unintentional.



“In the garden variety cases, you don’t 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 didn’t meet its burden to prove that Congo was unprovoked.



Noting that the legislature is “running out of time” before the new year’s 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.



“I’ll be meeting with a few people from now until the committee meets ... to see if we went too far or didn’t 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.



~~~~~

Letter from groomer

Monday, November 19, 2007



Casey and Rossi,



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, I’ve 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 don’t 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 James’s 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. Rivera’s part.

In Congo’s 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 young’s yelping and Mrs. James’s screams, an instinctive behavior. Isn’t this why many of us have dogs in our homes? For our family’s 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 wouldn’t 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 Congo’s 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.



Alice Countryman

StylishPet Mobile Pet Grooming L.L.C.

609-934-5145

Save Congo,,, check out links

New video of Congo at home
http://www.zootoo.com/zootootv/v/petpulse127congoawaitseut happe2
Live Radio Show and Feed:
http://warreneckstein.com/action/congo.html
This Saturday 17th November - Listen to Warren's radio interview on "The Pet Show" with Congo's owners Guy & Elizabeth James along with their attorney.
Two separate editions of "The Pet Show" STREAM LIVE ON THE INTERNET on Saturday
Show 1 • KRLA870.com (Los Angeles) - 2pm to 4pm EST - 11am to 1pm PST
Show 2 • WOR710.com (New York) - 4pm to 6pm EST - 1pm to 3pm PST
(If the pet show is pr-empted by sports coverage on the WOR streaming audio try listening on QuakeRadio.com - or you can listen to a recording of the show here - recording available Sunday.)
Radio broadcasts:
Los Angeles & Orange County Calif - KRLA 870AM from 11am - 1pm PST
San Bernadino & Riverside Calif - KTIE 590AM from 11am - 1pm PST
USA & Canada on your local stations out of WOR710AM from 4pm - 6pm EST
The audio recording and podcast will also be available here on Warren's website ThePetShow.com on Sunday 18th November
http://www.thepetitionsite.com/takeaction/59138594 6

Call Mr Cohen in support of cong's law it benefits all of us

Select a Newspaper Asbury Park Press Atlantic City Press The Record Burlington County Times Courier News Courier Post Daily Record Home News & Tribune New Jersey Herald New York Times NY Times Daily Philadelphia Inquirer Princeton Packet Star Ledger Trenton Times Trenton Times Archives Trentonian


Executive Branch | Judicial Branch | Judicial Legislative News | Downloads | Welcome to the State House | Información en Español






Our Legislature
Legislative Process
Historical Info
Public Info Assistance
Kids' Page


Find your Legislator
Legislative Leadership
Legislative Roster
Seating Charts


Districts by Number
District Map
Municipalities Index


Bills 2006-2007
Bills 2004-2005
Bills 2002-2003
Bills 2000-2001
Bills 1998-1999
Bills 1996-1997
Bills Subscription
Service


Senate Committees
-Committee Aides
Assembly Committees
-Committee Aides
Joint Committees
Committee Groups
Legislative
Commissions
Senate Nominations



Statutes
Chapter Laws
Constitution


Senate
General Assembly


Conflicts of Interest
Law
Code Of Ethics
Financial Disclosure
Joint Rule 19
Ethics Tutorial


Legislative Calendar
Legislative Digest
Legislative LDOA
Budget and Finance
Audit Reports
Legislative Reports
Public Hearing
Transcripts
Glossary
Summary of
Enactments


Disclaimer/
Privacy Policy


Submit an OPRA request



Legislative District 20


Assemblyman
Neil M. Cohen (D)

(Deputy Speaker)

DISTRICT OFFICE ADDRESS: 985 Stuyvesant Ave.
Union, NJ 07083

PHONE NUMBER: (908) 624-0880
ELECTRONIC MAIL: Contact Your Legislator(s)

BORN: February 11, 1951
EDUCATION: B.A. Athens University (History)
J.D. Howard University
OCCUPATION: Attorney, Gill and Cohen, P.C.
PUBLIC/PARTY SERVICE: Union County Board of Freeholders 1988-90
LEGISLATIVE SERVICE: General Assembly 1994-present, 1990-91, Deputy Speaker 2006-present, Deputy Majority Leader 2002-05, Deputy Minority Leader 1996-2001, Minority Whip 1994-95
COMMITTEES: Financial Institutions and Insurance, Chair
Labor
Joint Legislative Committee on Ethical Standards
BILLS SPONSORED: List of Bills Sponsored by Assemblyman Cohen

Save Congo "congo's law"

CONGO TO GET HIS DAY IN STATE HOUSE

Sunday, November 18, 2007
The Trenton Times - http://tinyurl.com/2jxjaj
By Linda Stein

NJ - The Princeton Township dog- bite case that has tongues wagging around the country will be on the agenda of the state Legislature when a bill dubbed "Congo's Law" is expected to be introduced in the Assembly tomorrow.

Assemblyman Neil Cohen, D- Union, plans to introduce the bill, which is designed to change the laws regarding vicious dogs and address perceived flaws brought to light by the case.

Cohen, who has introduced a plethora of animal-related legislation, believes the current law is un fair and outdated. Some of the provisions in the proposed law will include a definition of provocation that will take into account the dog's point of view rather than the human's and also raise the standard for finding a dog vicious to be yond a reasonable doubt, the same standard now in use when humans are charged with a crime.

A lawyer for Congo's owners has argued that Congo, a 2 1/2-year-old German shepherd, was provoked when he led a dog attack and mauled a landscaper on June 5 at a house in Princeton Township. But the township prosecutor, the animal control officer and a municipal court judge say it was an unprovoked attack.

Landscaper Giovanni Rivera, who was hospitalized and underwent surgery for his wounds, received a $250,000 settlement from the residents' insurer, plus medical expenses.

"It certainly could be precedent-setting," said Robert Lytle, the lawyer for the Congo's owners, of the case.

Congo, one of six German shepherds owned by Guy and Elizabeth James, was ruled vicious by Municipal Court Judge Russell Annich Jr. and, if that ruling is upheld, must be put down. Annich stayed his decision pending an appeal to Superior Court.

A Superior Court judge Thursday allowed the dog to return to his home, pending appeal, with numerous restrictions in place, including that he wear a muzzle and be kept inside a fenced area.

Provocation will be the heart of the Superior Court appeal, Lytle said, arguing that Congo was provoked into attacking Rivera when Rivera grabbed Elizabeth James, causing her to scream.

Relying on testimony from an expert witness, a professor of veterinary science from the University of Pennsylvania, Lytle said the issue of provocation must be decided from the "perspective of a reasonably well-behaved dog."

He noted that none of the James family's six dogs had bitten anyone before, and he presented statements from people, including delivery drivers and tradesmen who have come in contact with the dogs, attesting to their gentle natures. He argued that the state failed to prove that Congo had been unprovoked.

Annich, the judge who presided at the two-day Municipal Court trial, said it was a difficult decision because no case law exists in New Jersey on the issue of provocation.

In his Oct. 30 opinion, Annich noted, "The statute does not define provocation and there is no helpful case law in New Jersey. There is no evidence to suggest that Mr. Rivera or anyone else on the scene in tended to provoke the dogs to at tack."

"The critical issue in the case was the question of provocation and it being a relatively recent law, there was no New Jersey case law that I could be guided by," Annich said in an interview. "So I looked at the legislative intent and out-of- state cases from Minnesota and Illinois."

Kim A. Otis, the prosecutor who handled the case for the township, agreed that provocation is "one of the big issues. There is no help (in the case law) on provocation. They argued it through the eyes of the dog and I argued through the eyes of a reasonable person. There are dogs that are bred and trained to attack. Let's say they breed a dog as part of its makeup to attack when they moved a hand very quickly. Nobody in their right mind would argue if a child went up to scratch its ear and was mauled to death that it was a reasonable provocation. My argument is, it must be from the standpoint of a reasonable person."

Among other things, the Congo bill would include a presumption against euthanasia.

The law also would be retroactive to all dogs now deemed vicious and facing death, including Congo, Cohen said.

"The nature of a dog is to protect those around them," Cohen said. Self-defense and the defense of others is a justification for human violence, and dogs should have the same protection, he said.

"Congo's situation points up the need to modernize the law and make it fair to the owners and the animals," Cohen said. Congo's plight was brought to his attention by a woman who read news reports about the dog and who called him, Cohen said.

"The nature of this is essentially a criminal case," Cohen said. "Everything should be beyond reasonable doubt."

The proposed bill would also do away with the tattooing provision for potentially dangerous dogs, which Cohen likened to a "scarlet A." And it would ensure families have access to dogs that are impounded.

Cohen, who owns a miniature schnauzer named Ginger, also recently introduced a bill to strengthen criminal penalties for dog fighting after charges were brought against Atlanta Falcons quarterback Michael Vick. That bill remains pending, he said.

Guy James, Congo's owner, welcomed the bill, saying, "If anything good comes out of this ordeal, Congo has not been locked up in vain. This law will protect any future cases like ours. We have been through hell and back in this horrific incident. Congo's law will be a reminder to us all that we should stand up for our rights and not roll over."

Gina Calogero, an Oradel lawyer who has handled several vicious dog cases in her career, agreed there are no in-state published opinions on the provocation issue.

"There is only one reported decision," she said. "It happens to be mine."

She said that case, regarding Splinter, a Saddlebrook dog, was eventually decided on "procedural issues," but provocation was also a factor.

"If a dog causes serious bodily injury, then it's declared vicious and euthanized," Calogero said. "It has to be an unprovoked attack and the state has to prove it. Under the circumstances of this (Congo) case, I think provocation was clear. Any dog will defend its owner from a perceived attack. The woman was grabbed. She screamed out loud. I think the dog was justified in perceiving that she was attacked even though that was not Mr. Rivera's intent. Dogs are conditioned to protect their family."

Although Splinter's designation was reduced from vicious to potentially dangerous on appeal, he did not live to come home and rejoin his family but died in the kennel while waiting for the owners to build a fence required by law.

As for the Congo case, she said, she hopes it will spur the Legislature to look at the law again. The law was last amended in 1994.

Lytle, meanwhile, filed a notice of appeal in Superior Court and will file a motion to stay the imposition of the potentially dangerous dog conditions imposed by Annich on the four other James dogs that were involved in the attack on Rivera.

Under the law, the family has 60 days to have the dogs tattooed, they must be fenced in, the family must notify the police if they escape or bite someone else and they must pay $700 per dog each year in licensing fees.

Isabelle Strauss, the lawyer who handled the case of Taro, the dog who was pardoned by then-Governor Christie Whitman in 1994, continues to handle animal cases.

Taro, an Akita, bit a 10-year-old girl in 1990 in Harworth in Bergen County. Animal lovers wrote letters to the governor on Taro's behalf.

"The law changed somewhat after Taro's case," Strauss said. "And in one significant aspect, it changed to provide that the state has the burden to prove that the dog was not provoked. From everything I've seen, the state did not meet its burden in the Congo case."

Some of the judges are reluctant to look at this from the animal's point of view Strauss said. "The comparison that I always give is: Someone walks into your house and means no ill and the dog bites them. Or a robber comes in and is bitten and the dog is declared a hero. The same dog has no way to tell which is which, so it makes no sense to interpret the statute from the person's point of view, but must be interpreted from the dog's. To interpret it any other way makes no sense," she said.

Cases like these are "all heart- wrenching and emotionally and financially draining," Strauss said.

"And some animal control officers try to prevail upon people to sign over their animals telling them how costly it can be and that they can't win. People are not aware they do have a right to present a defense," she said.

Otis offered a plea bargain to the James family to allow Congo to be labeled potentially dangerous rather than vicious, an offer he said was still on the table.

"Plea bargaining was not a choice but the lesser of two evils," said Guy James. "It's not the right message to send to the public." The family offered to comply with the requirements of the dangerous dog designation but without that label.

Linda Stein can be reached at lstein@njtimes.com

Call the Gov Save Congo

They are still taking tally.......I called in full support that Congo Law is drafted and put in stone! The lady that answered said ok, I'll note that to the Tally..
Gov. Corzine's ph# & Email address below...Gov.’s office is taking a numerical tally on how many people call - please call him
Office of the Governor PO Box 001 Trenton, NJ 08625
(609) 292-6000
email by going to his site: http://www.nj.gov/governor/govmail.html