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Set your
reputation
In the last few years, the public sensitivity toward abuse of
animals has increased dramatically, witness the outrage against
footballer Michael Vick. People like dogs and they don’t want to see
pets or any animals abused.
When Adams County Justice Court Judge Patricia Dunmore
dismissed the case against two men charged with keeping dogs for dog
fighting, she made a grievous legal error and did so with intent.
Neighbors in the LaGrange area reported to the sheriff’s
department that two men were raising dogs for fighting. The deputies
responded and arrested Cornelius Baldwin, 26, and Lewis Jackson, 18,
after finding five chained and bloody dogs. The animals had a large
number of open and healing wounds from fighting. There was a
dog-fighting stick and medicines to treat those wounds on premises.
Deputies took pictures of the abused and injured animals and gathered
enough evidence to show in court that the two bad guys should go to
trial. The deputies also seized the dogs (as is permissible by law), so
that the animals could receive proper medical treatment. Unfortunately,
at least one of the dogs died as a direct result of infection (the dog
had another dog’s tooth implanted in its jaw line.)
When a responding deputy testified of what he had seen, Judge
Dunmore said that deputy could not provide expert testimony of the
occurrence of a crime. Of course, as Judge Dunmore knows, evidence
submitted in any case does not require any expert testimony. Simple
inexpert testimony from a lay person, bystander, man-on-the-street, any
person so sworn to testify can be submitted and accepted. When Dunmore
tried to discount Deputy Sander’s testimony, she was trying to mislead
the public. Dunmore also indicated that the evidence was not substantial
enough to bind the defendants over for trial. Yet the standard of proof
in a preliminary hearing does not have to be “beyond a reasonable
doubt,” only indicative that a crime has been committed. The evidence
presented was sufficient to show that a crime had been committed.
Further, when one of the defendants said his dogs were hunting dogs
only, the physical evidence on the scene and the nature of the dogs’
wounds showed that the dogs were being used for fighting. In a sense,
the defendant was so incredible that his testimony actually buttressed
the prosecution’s case.
When Dunmore voiced her dismissal of the charges, she also
said the prosecution did not show any dog fighting had occurred. For
sure, Judge Dunmore is a trained and
Mississippi attorney, as well as being a judge. She is no newcomer to the law. She
is not an ignorant layperson. She knows the score. And she knows that
Mississippi law, specifically 97-41-19, says that any person who ‘owns a
dog for the purpose of a fight shall be guilty of a felony and subject
to a fine of $1,000-$5,000 and a fine of up to one year in jail.’ That
means the prosecution does not have to show a fight occurred, only that
the owner and keepers of the dogs had engaged in activity to prepare for
such a fight to be found guilty of a felony. Clearly, the evidence
showed that. And the two bums should have been bound over to the grand
jury or a trial set.
Dunmore erred. And Dunmore did not tell the truth as she knew it to be. Why she decided to cover
for two bad guys is unknown. She provided no additional explanation.
There are few times in
life when what we do marks our career or sets our reputation for good or
bad for almost time immemorial. Unfortunately for Dunmore, this was one of those times. And for the rest of
Dunmore’s judicial and legal career, she will be known as the protector of
criminal dog fighters, a woman who puts the safety and welfare of
animals at risk.
Update: Sheriff Chuck Mayfield’s office has turned over the file to D.A.
Ronnie Harper. Harper is likely to present the case to a grand jury in
the next few months. |