Proving intent of dog fighting

From No More Homeless Pets Forum - nmhpforum@bestfriends.org

Question from Patricia:
For the first time our rural county, with population of 15,000 is having reports of dog fight training. Our state law (North Carolina) states "a person who trains a dog with the "intent" that the dog be used in an exhibition featuring fighting is guilty of a felony." Our sheriff and district attorney are wondering how to prove intent. Any suggestions?

Response from Alison Gianotto:
Believe it or not, the fact that you are getting reports of dog-fighting is probably a good thing. Chances are, its been happening all along, and only now is the community aware enough about this horrible bloodsport to know that they can call to report it. Communities are becoming less tolerant of animal cruelty, and more educated about what they can do about suspected cruelty.

It is important to note that there are different types of dog-fighters:

Street-Fighters: Those who fight dogs in an impromptu manner, often on street corners or in empty buildings. Fighting is sometimes for bragging rights or money.
Hobbyists: Those who fight dogs on a fairly regular basis, mostly for gambling. Hobbyists do not usually put emphasis on breeding of dogs for fighting.
Professionals: The most serious dog-fighter who train their dogs for fighting with heavy collars and chains, treadmills, and other specialized equipment. Emphasis is on breeding and record keeping of training and matches. These fights often involve large amounts of money.

Intent is frequently difficult to prove, in both human and animal crimes. Fortunately, illegal animal fighting situations usually come with a wide variety of equipment and tools of the trade. If the investigating officers know what to look for, they will often be able to collect quite a bit of evidence that demonstrates intent.

Here is a quick checklist of items you are likely to find:

* Spring-pole (used to build muscle strength)
* Carpet mill (similar to a treadmill)
* Controlled substances and medical equipment - specifically steroids, epinephrine, syringes, bags of fluids (such as lactated ringers for re-hydration), gauze bandages, and surgical needles. It is also important to note where these items are located- are they in the bathroom medicine cabinet, or are they in a box in the garage or shed? Very often these types of supplies are kept in a fish tackle box for organized portability.
* Breaking sticks (used to separate dogs) - this is often just a hammer with the head removed and planed down into a wedge
* Trophies or ribbons from past fights - look for "Best in Show", "Grand Champion"
* Heavy chains on the dogs

Tell-tale situation:
Where are the dogs? Dogs being trained for professional fights are very often kept in a yard where they are tied out in a way that they are close to each other, but never able to reach each other. This keeps their agitation levels high, keeping them "game." When officers are investigating the scene, they should video tape (or at least photograph) the premises. When they look at the area where the dogs are tied out, is there evidence that the dogs have been in that position for a while? Is the ground worn down to the dirt in circles around the stake? Observations like these will help prevent a defendant from claiming that the dogs were only spaced out like that temporarily for an innocent purpose.

Be sure that you have access to a knowledgeable veterinarian who has worked with dog-fighting cases before. An experienced vet will be able to examine the dogs and make a determination as to whether or not the dogs have been used in fights. Multiple wounds and scars on the head, neck, legs, face, chest and ears of the dogs are an indication that they have likely been used repeatedly in illegal animal fighting, and can help defeat the potential defense that the dogs just got into a tussle or two.

While cases of street-fighting and hobbyist dog-fights may be harder to gather evidence on, the medical evidence gathered by the veterinarian will be immensely helpful in making the case.

Remember that in animal fighting cases, you're not looking for one piece of evidence to make your case - it is the preponderance of evidence that will get your conviction. A spring-pole is not illegal to have, and the defendant can easily claim that it was an innocent toy. However when you combine the evidence of the spring-pole with the carpet mills, the heavy chains, the controlled substances, the position of the dogs in the yard, the medical equipment and the type of scarring on the dogs, you suddenly have a fairly compelling case. The entire collection of paraphernalia and other evidence coupled with the condition of the dogs is what will show the jury that this person was deliberately training the animals to fight. Expert witness testimony will go a long way in these cases as well, so if your city can afford it, it is money well-spent. If you're able to use an expert witness, always try to bring them in at the beginning of the case, so they are familiar with the situation and the animals before it comes time to go to trial.

Of course, all of this pivots on good police work - once the evidence has been collected, the normal chain of custody rules must be adhered to, lest the evidence be deemed inadmissible in court.

Also be sure to have your law enforcement department order a free copy of "Prosecuting Animal Cruelty and Illegal Animal Fighting". This video goes into more detail about how to secure and document the scene, the equipment to look for, and the information veterinarians can use to help make compelling cases. The video offers images of the types of equipment that can be found as well, which may be helpful for officers that have never experienced a dog-fighting bust before.
http://www.realitytraining.com/video/

I would also suggest ordering a free copy of Humane Society of the United States' (HSUS') The Final Round video "Animal Fighting: What every cop should know": http://www.hsus.org/hsus_field/animal_fighting_the_final_round/

And most importantly, remember that there are people and organizations out there that are willing to help! If you run into specific questions or challenges, don't be afraid to reach out.