http://www.wtop.com/index.php?nid=25&sid=420363
It seems animal cruelty laws do not apply to all "animals".
Va. Woman Barred From Owning Pets, Other Than Fish
Mar 31st - 7:23am
By MATTHEW BARAKAT
Associated Press Writer
MANASSAS, Va. (AP) -
A woman convicted of animal cruelty after an emaciated pit bull was discovered eating at the carcass of another dog in her backyard was sentenced Monday to two days in jail.
Karen Lee Morris, 37, of Manassas, also was barred from ever possessing another companion animal in Virginia as part of a related civil case.
Under Virginia law, Morris would never be allowed to own or possess any animal other than a fish, said Manassas City Attorney Robert Bendall, who prosecuted the case.
"I would suggest that's all she's capable of handling is a fish," Bendall said.
The prosecutor had asked General District Judge Craig Johnston to impose a 10-day jail sentence, which is unusual for misdemeanor cases.
He said he felt compelled to seek a tough sentence because, "I feel there's a direct correlation between the way that humans treat animals and what they do in the rest of their life."
In December, animal control officers found three pit bulls in deplorable conditions in a tiny backyard to Morris' townhouse. Officers observed Meeha, an extremely thin pit bull, cannibalizing the carcass of another pit bull, Bean.
Although the two dogs were not owned by Morris but by various family members, she was convicted of animal cruelty against Meeha. The judge acquitted her of animal cruelty against Bean, saying there was reasonable doubt that Morris knew Bean was on the property. Morris was away in Florida on a family trip when officers discovered the animals.
Morris also was convicted of cruelty toward another dog, Big Daddy, for which she acknowledged ownership.
Morris' attorney, Robert King, had argued against any jail time, saying that his client was simply overwhelmed with the burden of caring for six children as well as the dogs.
He also said that the animal-cruelty laws envision worse crimes than those committed by Morris.
"It's the difference of cruelty versus neglect," he said. "Active cruelty, like beating a dog or having them engage in fights, is worse than neglect, not that neglect is OK," King said.
Johnston said he imposed the jail time and the ban on animal possession because it was "the only way I can ensure that this doesn't happen again."
Daniel Paden, a case worker for the Norfolk-based People for the Ethical Treatment of Animals, which had lobbied for jail time in the case, said the sentence was a good one, primarily because of the provision barring Morris from owning or possessing animals.
"We commend Mr. Bendall for his work and we'll make his achievements known to prosecutors across the state. He has truly raised the bar for prosecuting cruelty cases" in Virginia, said Paden, who was not aware of any other lifetime bans imposed in Virginia on cruelty cases.
Big Daddy is currently in the custody of animal control, which has determined that the dog is aggressive and must be put down, Bendall said. Johnston barred the city from euthanizing Big Daddy for another 10 days, so that Morris has the option to appeal the case and seek to regain ownership.
Morris said after the hearing that she does not plan to appeal but is hopeful that a relative will be able to adopt Big Daddy, though that would be unlikely unless Morris successfully appeals the civil ruling. She said she was angry that the city took Big Daddy from her and now wants to euthanize him.
"I love my dogs to death," she said after the hearing. "I take care of my dogs."
"We commend Mr. Bendall for his work and we'll make his achievements known to prosecutors across the state. He has truly raised the bar for prosecuting cruelty cases" in Virginia, said Paden, who was not aware of any other lifetime bans imposed in Virginia on cruelty cases.
Big Daddy is currently in the custody of animal control, which has determined that the dog is aggressive and must be put down, Bendall said. Johnston barred the city from euthanizing Big Daddy for another 10 days, so that Morris has the option to appeal the case and seek to regain ownership.
Morris said after the hearing that she does not plan to appeal but is hopeful that a relative will be able to adopt Big Daddy, though that would be unlikely unless Morris successfully appeals the civil ruling. She said she was angry that the city took Big Daddy from her and now wants to euthanize him.
"I love my dogs to death," she said after the hearing. "I take care of my dogs."
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