The Wright Firm's Weblog

Going to the Dogs

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. 

Protection for Four-Legged Texans!

Texas’s Legislature is considering a flurry of new bills aimed at giving greater legal protections to animals.  Many feel these measures are long overdue – the Humane Society of the United States has ranked Texas 36^th in the nation for its animal protection laws.  However, opponents of the bills state that Texas does not need further regulations, and in fact, has strong penalties in place already for animal cruelty.

The various bills cover a wide range of animal rights issues, from regulations on large commercial dog and cat breeders to categorizing cockfighting as an organized criminal activity.  Under one bill, persons requesting a Protective Order for family violence could include their pets.  So, if you are concerned that your ex may try to hurt you by hurting your pet, you could get protection for Fido, too.  Fatal Attraction, anyone?

It is already becoming more and more common to include pets in family law orders.  In the past, our firm has even created something in the nature of a “visitation schedule” for divorcing pet owners.  The Wright Firm is here to help your family – even the furry and feathered family members.  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com! 

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Seriously, you may have to insure a twenty pound male dog in Texas?

State Rep. Ruth Jones McClendon (D-San Antonio) has introduced a bill that would require any Texan who owns a male dog which weighs 20 pounds or more and is not neutered to have an insurance policy covering injuries or damage caused by that dog when it is off the leash or out of the dog's yard, San Antionio’s 1200 WOAI Michael Board reports.1200 WOAI Dog Insurance Article

Apparently the bill would only apply if dogs are off their lease and not on their own property.  The article explains that the U.S. Sportsmen's Alliance called it 'ridiculous.'

"Why male dogs only?" Alliance spokesman Jeremy Rice asked.  "Why dogs 20 pounds and not 17? Why only unaltered dogs?" 

So what about the owner who fails to secure their dog?  The owner who fails to have their dog neutered?  Is it really necessary to require all dog owners who fit this category to provide insurance?   Does State Rep. McClendon assume that only dogs that are over 20 pounds dangerous? Isn’t it really the dog owner’s responsibility? We might as well have insurance on humans for the injuries or damage caused by the human? Should we limit this insurance to males over 200 pounds who have not been neutered?   What do you think?

If you have questions about Texas law, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.  Reading this article does not create an attorney-client relationship.  Each case is different so be sure to consult with an attorney.