Sunday, April 23, 2023 | Special Advertising Section 1 R 6 SPONSORED CONTENT PROVIDED BY PASADO'S SAFE HAVEN In 2016, a new Connecticut program started after a dog, Desmond, was starved, abused, then strangled to death by his owner. The owner admitted guilt but still avoided jail time and a criminal record. It's not that unusual, noted Diana Urban, the Connecticut representative sponsoring Desmond’s Law, whose state has an 18% conviction rate. The law ensured that an animal victimized by cruelty or neglect would have a Courtroom Animal Advocate, the first in the nation. Since the CAAP (Courtroom Animal Advocate Program) began, volunteer attorneys have been trained and offered perspectives. In one case, the advocate successfully ensured a defendant found guilty in a dogfighting case was prohibited from owning, breeding or having dogs for two years. A similar program has begun in Maine as well. Could Washington state be next? "As an organization, we're watching what's happening and thinking about how we could improve laws in Washington state,” says Kirsten Gregory, animal cruelty response and prevention director at Pasado's Safe Haven. Addressing the gap CAAP programs address a serious gap. Defense attorneys are duty-bound to protect their client's interests. Prosecutors pursue the state's interests — which may or may not intersect with what’s best for the animal. Advocacy for animal victims is a missing piece of criminal proceedings in Washington. "The situation (is) not unlike when you have a child or incapacitated person who'd been the victim of violent An animal's voice in court: A new advocacy program Pasado's Safe Haven has a comprehensive approach to fighting animal cruelty. In addition to investigating crimes against animals and providing sanctuary to abused animals, they advocate for better laws to protect animals and educate the public about how they can help. Learn more at www.pasadosafehaven.org. crime but didn't have a voice to speak about the impact of the experience," Gregory says. Meanwhile, no one has a duty to address the animal's underlying interests. As a result, victims of animal cruelty can languish in shelters while held as evidence in a criminal case or because their alleged abuser won't give up ownership. Pasado's Safe Haven does its best to assist prosecutors in an unofficial capacity. After the animal is in custody and placed with Pasado’s, the sanctuary carries out a veterinary assessment of the animal’s injuries and condition at the time of seizure. They note the animal's improvement over time when provided with needed medical care and appropriate food, water and shelter. This documentation may be useful evidence in a criminal case. During this time, caring for the animals can be an issue. Even in ideal environments, dogs and cats can lose human socialization skills, become withdrawn, or increasingly agitated in close quarters. For example, a dog had a growth that looked like a cancerous tumor — but the sanctuary couldn't operate or provide treatment until the prosecutor talked the owner into giving up custody. With a CAAP program, an advocate could directly intervene on the dog's behalf with the judge, who could then allow diagnostic or treatment work to be carried out. How advocates work The advocate represents the animal in criminal proceedings, much like court-appointed advocates who represent the interests of children, the elderly or mentally incompetent people. "Advocates will also help inform the court concerning sentencing and rehabilitation, and help obtain a just and right outcome in particular cases if an advocate can offer more information and resources to the judge,” Gregory says. They are typically a supervised law student or pro bono legal practitioner who acts as an animal's "voice in court" while performing research on behalf of the judge. Someone must gather legal information, such as veterinarian bills and logistics like where an animal lives or who the animal belongs to. Someone, typically a lawyer, must file legal paperwork for this to happen. "One reason cash-strapped governments can be reluctant to intervene in animal cruelty allegations is that they'll end up with a bunch of animals and be forced to spend money on care or to euthanize them,” says David Rosengard, managing attorney for the Animal Legal Defense Fund. One was appointed in the Michael Vick case, just to help deal with the enormity of the situation — 53 dogs taught to fight, sitting as evidence in shelters. Each dog's history was reviewed, and a behavioralist was consulted for each dog. All but two were rehabilitated and adopted out to families. Two were euthanized, one for physical health reasons and the other because it had been too traumatized to function. Advocates can also provide context for sentencing. In Washington, many animal cruelty sentences don't reflect the crime's severity, Gregory says. She says that a fine and community service is often the maximum, even in violent and egregious cases of animal cruelty. Pasado's Safe Haven is working on an implementation guide for Washington, including the logistics of volunteers and raising awareness about CAAP with prosecutors, defense attorneys and judges. "The new laws in Connecticut and Maine have a lot of merit, and we're doing the initial work to bring this advancement to Washington," Gregory says. Brigitta and 26 other sheep lived at Pasado’s Safe Haven for more than a year, unable to be adopted or neutered, while their accused abuser awaited trial and refused to give up ownership. (Photos courtesy of Pasado’s Safe Haven) Donate today! After being rescued from severe neglect, Raphael had medical needs that could not be immediately treated by Pasado’s Safe Haven because he was considered evidence in a criminal case – until his owner agreed to give up ownership.
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