Pennsylvania Abused Dog Will Not Return to his Abuser!

Great news for a pit bull puppy named Luke—last week, a Pennsylvania court decided that he does not have to return to his abuser! In Commonwealth v. Kuhns, the Superior Court of Pennsylvania affirmed the legitimacy of using contraband forfeiture rules to prevent seized animals from going back to owners who subjected them to unlawful cruelty.  Derivative contraband is now one more legal strategy that animal advocates, prosecutors and law enforcement can add to their toolbox to protect animal victims where the criminal justice system falls short.

Luke, (pictured), a six-month-old puppy at the time of his abuse in 2014, suffered a shattered shoulder allegedly at the hands of his owner.   Luke was seized by law enforcement with his owner being charged with animal cruelty.    At his trial a key witness’s testimony had changed from her earlier statement of how Luke’s injury occurred at the hands of his owner.   Subsequently, his owner was acquitted and he demanded the return of Luke.

The prosecutor was concerned for Luke returning to the environment where he was seriously wounded.   A unique legal argument was developed by the prosecutor and the Animal Legal Defense Fund to prevent Luke from returning to his abuser’s home.

The contraband argument did not focus on how Luke’s shoulder came to be broken but rather neglect.   Testimony from the trial established that the defendant failed to get immediate veterinary care for Luke’s  severe injury.

The second phase of the argument applied Pennsylvania’s contraband law.  The preponderance of the evidence showed the defendant had engaged in a specific episode of unlawful animal neglect; Luke was integrally related to that unlawful act of neglect since he was the subject of that specific neglect; Luke should therefore be declared as contraband;  as contraband, the defendant should be ordered to forfeit Luke.

The trial court agreed with our analysis, ruling that Luke was indeed contraband, and ordering him forfeited from the defendant owner. The defendant appealed to the Superior Court, and the Animal Legal Defense Fund filed an amicus (‘friend of the court’) brief in the case. In its amicus, the Animal Legal Defense Fund argued not only that the trial court had properly applied Pennsylvania’s contraband rules, but that so long as the law treats animals as property, it must also be willing to award them contraband status when they are subject to unlawful cruelty. Failing to do so would perversely give the state fewer options on behalf of animals (who suffer when subject to cruelty) than on behalf of mere unfeeling objects.

The Superior Court upheld the trial court’s ruling: Luke had been subject to unlawful neglect, which allowed him to be designated contraband, and appropriately forfeited.  Crucially, the Superior Court found the defendant “unreasonably risked harm to [Luke] by exhibiting indifference to the consequence of [his] injury.  Likewise, defendant failed to take the necessary steps to care for Luke at the time that care became necessary.

The obligation to provide one’s animal with timely care rises in direct proportion to the severity of the animal’s injury—and a“wanton or cruel” failure to provide such care can result in the animal being forfeit.

Luke has since been adopted and very happy in his new home!

Tina Evangelista-Eppenstein is a television talk show host, speaker, writer and animal advocate.   She hosts the show,  ” A Close-Up Look at Animal Welfare Issues.”      Have a story, please email Tina at tevangelistaepp@yahoo.  Like my tv page at https://www.facebook.com/ACloseUpLookAtAnimalWelfareIssues and check out AnimalWelfareIssues.com for all the tv shows you may have missed!