Service animals such as seeing-eye dogs have long been permitted in courthouses across the country. However the use of therapy dogs to assist children and the developmentally disabled in testifying has some defense attorneys barking mad.
A New York criminal court allowed Rosie, a specially trained golden retriever, to sit at the feet of a 15 year old rape victim at the witness stand as the girl testified. When the witness seemed to be struggling, the dog would lean in or nudge her. The witness and prosecution claimed that the only reason the girl was able to make it through the emotionally devastating testimony was because Rosie was there to encourage her. The prosecutors firmly believe that canine assistance can be the difference between an acquittal and a conviction.
But that’s exactly the defense’s complaint. Defense attorneys are now appealing the conviction. There position is essentially that the dog by its inherent “cuteness” and innocence causes jurors to give undue credence to a witness’s testimony. The therapy dogs are trained to detect stress, but the defense argues that the stress could be caused by the emotional nature of the testimony OR by the witness’s stress about giving false testimony. Bottom line? The jury believes the dog, not the witness.
The appeal is expected to go before the New York state Supreme Court. The state of Washington already permits some therapy animals in the courtroom. Here in Texas, the Children’s Advocacy Center of Johnson County has started a therapy dog program, and the Harris County District Attorney’s Office has a “Paws and Order: SDU” program; however the canines in these programs are for out-of-court interviews and not actually allowed to the witness stand.
The original article can be found here: http://today.msnbc.msn.com/id/44063161/ns/today-the_new_york_times/t/courtroom-dog-helps-young-rape-victim-testify/
For information on Texas law contact The Wright Firm at 972-353-4600 or visit us on the web at www.thewrightlawyers.com.
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