ANIMAL CRUELTY:ANIMAL CRUELTY:Using your veterinarian in Using your veterinarian in

animal cruelty investigationsanimal cruelty investigations

(1) Evidence collection(1) Evidence collection

(2) Evidence *(2) Evidence *interpretationinterpretation**

(3) ALL cases involving the presence of an animal require (3) ALL cases involving the presence of an animal require the participation of a veterinarian as the expert witnessthe participation of a veterinarian as the expert witness

In NEW YORK STATE:

Animal cruelty laws are found in Agriculture and Markets Article 26:

Section 350: Definitions

(2) “’Torture’ or ‘cruelty’ includes any act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.”

(i.e. both acts of COMMISSION & OMISSION)

Cruelty includes “ any act of cruelty to any animal, or any act tending to produce such cruelty”

Most commonly used section is #353, which addresses the most commonly occurring form of cruelty—NEGLECT

“ A person who overdrives, overloads, tortures, or cruelly beats or…mutilates or kills any animal, whether wild or tame, and whether belonging to himself or another, OR DEPRIVES ANY ANIMAL OF NECESSARY SUSTENANCE, FOOD OR DRINK, OR NEGLECTS OR REFUSES TO FURNISH IT WITH SUCH SUSTENANCE OR DRINK…is guilty of a misdemeanor….”

Note: case law has been established in which veterinary care is considered to be part of the essential care to prevent suffering.

NEGLECT: NEGLECT: BODY CONDITION SCORE 1/9BODY CONDITION SCORE 1/9

OVERGROWN NAILS OVERGROWN NAILS

Agriculture and Markets Law Agriculture and Markets Law Article 26 – Section 353Article 26 – Section 353

� Examples� Dog being locked in a hot car� Beating animals� Collars imbedded in dog’s neck� Hooves overgrown causing unjustifiable pain� Unjustifiably killing an animal� Any failure to provide proper sustenance

– Water and food– Shelter- Veterinary care

Section 353-a Section 353-a Aggravated Cruelty to AnimalsAggravated Cruelty to Animals� Intentional killing or intentional causing of

serious physical injury to a COMPANION ANIMAL with aggravated cruelty.

� Aggravated (Felony) Cruelty is: Conduct which (1) is intended to cause extreme physical pain {or death}, or (2) is done or carried out in an especially depraved or sadistic manner

� Applies only to companion animals in NYS

THIS IS A FELONY

Felony or just twisted?

Unjustifiably injuring a wild animal – beak wired shut, Unjustifiably injuring a wild animal – beak wired shut, nails impaled thru eyes—only a nails impaled thru eyes—only a misdemeanomisdemeanor in NYS. r in NYS.

FELONY VS. MISDEMEANOR CRUELTY:DEPENDS ON THE SPECIES

1)Drenching Buster the Cat with kerosene and lighting him on fire = felony (“Buster’s Law”)

2) Doing the same act to cattle or swine or chickens = misdemeanor

3) Blowing up a snapping turtle with a bomb = misdemeanor (wild life species are not included in the felony law)

4) horse, pet goat, pet rabbit: prosecution must prove he/she is a pet or companion animal to charge the crime as a felony cruelty act

EVIDENCE COLLECTIONUse macro-to-micro approach, from the big picture to detailed findings

IDENTIFY every lesion/finding on all animals and in their surroundings which creates suffering and is an examples of neglect

INTERPRET the findings (evidence) to show why these findings create suffering—and are therefore examples of cruel treatment--and are therefore violations of Article 26.

Examples of the need for Interpretation:

Matted fur and overgrown nails?

Stereotypic behavior?

No manure in a pen of starving horses in filthy surroundings?

Significance of no dry ground for livestock in a paddock full of waste and liquid mud?

Chronic neighborly complaints of chronic break-outs?

How are the examples above proof of suffering?

MACRO evidence

Setting (house, barn. paddock, dog house, pastures)

Shelter: only required for dogs in NYS (!!!)

Nutrition (food sources—properly stored? Nutritious? Appropriate for species?)

Water : available in all seasons?

Hygiene? Air quality? Waste removal?

Examine the “Big Picture” first: Husbandry (this is a “breeder” in NYS)

Livestock: examine the setting first before the animal

What kind of operation is this? What is wrong with this kind of “care” for this breed?

•First: identify the lesion•Second: what caused it?•Third: why does this constitute cruelty?

NOTE “WATER”

Once you have identified the deficiencies with the MACRO setting, start analyzing the animals themselves—the MICRO analysis

Start with body condition scoring

Also “body English”—weak and dispirited? Aggressive? Feeding-frenzy behavior ? Terrified of humans?

Move on to the physical, hands-on detailed examination of each animal (each count of evidence)

Note the Body English—interpret for the court

Body English:MoribundBoBB

Body condition score:The Henneke system(1/9)

HOARDING•It’s everywhere

•Increasingly recognized as a behavioral pathology

•See Hoarding of Animals Research Consortium (Tufts.edu)

•Three categories:(1)Overwhelmed caregiver(2) Rescuer(3) Exploiter

BCS: 1/9

Identify the food source?

Note “food”

and “water”

Air quality???

Hoarder kitchen—note demeanor

Two-year old Thoroughbred Stallion—never had hoof care, never allowed out of his stall.

Interpretation: the SPECIES is significant with this lesion (donkey)

Note the laminitis rings on hoof walls—and length of time since last trim

ID the BREED??

This dog showed both physical pain & stereotypic behavior

SARCOPS: PUBLIC HEALTH CONCERN

Feline flea allergy dermatitis—interpret the SUFFERING for the court

Psoroptes mite: “sheep itch”--------------------Interpretation?(1)Intense pruritis(2)thermoregulation?

No shearing urine and fecal scald maggots

Lick granuloma = acral lick dermatitis:Interpretation??

Improper restraint (!)“Hobbled” by cinder block tied to right hind limb

The ability to breed and lactate do NOT indicate that adequate sustenance is being provided

Ingrown collar-distressingly common

Note: the defendant is an MD: higher education does not prevent abusive behavior

RESOURCESShelter Medicine for Veterinarians and Staff: edited by Lila Miller, D.V.M. and Stephen Zawistowski, 2004

Veterinary Forensics: Animal Cruelty investigations, Melinda D. Merck, D.V.M., 2007

Forensic Investigation of Animal Cruelty: a Guide for Veterinarians and Law Enforcement Professionals, L. Sinclair, D.V.M., M. Merck, D.V.M., R. Lockwood, Ph.D.

www. NYSHumane.org: How to Investigate Animal Cruelty in NY State: a Manual of Procedures

QUESTIONS?QUESTIONS?