Justia Animal / Dog Law Opinion Summaries

The defendant was convicted of animal cruelty after witnesses observed him repeatedly punching his dog in a public park. The defendant claimed he was trying to save a groundhog his dog was attacking and that he minimized the force of his punches. The defendant appealed, arguing that the trial judge erred in excluding his expert witness's testimony about the dog's pain response and prey drive, and in refusing to instruct the jury on bona fide discipline and defense of another animal.The case was initially tried in the Newburyport Division of the District Court Department, where the jury found the defendant guilty. The defendant's postconviction motion for a new trial was denied, and he filed a timely notice of appeal. The Supreme Judicial Court granted direct appellate review.The Supreme Judicial Court held that the trial judge did not abuse her discretion in excluding the expert testimony, as it was cumulative and would not have significantly aided the jury. The court also found that the jury instructions provided were sufficient to allow the jury to consider the defendant's arguments regarding bona fide discipline and defense of another animal. The court affirmed the conviction, concluding that there was no reversible error in the trial proceedings. View "Commonwealth v. Adams" on Justia Law

The case involves the defendant, Maryann Russo, who was charged with animal cruelty under G. L. c. 272, § 77, for her treatment of her terminally ill fourteen-year-old cocker spaniel, Tipper. Russo brought Tipper to a veterinarian who recommended euthanasia due to Tipper's severe health issues, including a large necrotic mass, bed sores, and open wounds. Russo declined euthanasia, falsely stating she would take Tipper to another veterinarian, and instead took him home. The Animal Rescue League (ARL) later removed Tipper from Russo's care after the veterinarian reported her suspicions. Tipper was found in poor condition and was subsequently euthanized.In the Quincy Division of the District Court, a criminal complaint was issued against Russo in February 2021. Russo filed a motion to dismiss the complaint, arguing it lacked probable cause. The District Court judge granted the motion, concluding that the statute did not impose an affirmative obligation to euthanize an animal. The Commonwealth appealed, and the Appeals Court affirmed the dismissal, reasoning that the statute did not criminalize the failure to euthanize an animal. The Supreme Judicial Court granted further appellate review.The Supreme Judicial Court affirmed the dismissal, holding that the Commonwealth failed to establish probable cause that Russo acted with the requisite criminal intent. The court concluded that the statute required proof that Russo knowingly and willfully authorized or permitted Tipper to be subjected to unnecessary suffering. The court found that Russo's actions, including seeking medical care and attempting to make Tipper comfortable, did not indicate an intent to cause unnecessary suffering. The court emphasized that speculation alone was insufficient to establish probable cause. View "Commonwealth v. Russo" on Justia Law

The Supreme Judicial Court vacated the superior court’s determination that information such as names, addresses and telephone numbers contained on animal health certificates in the custody of the Department of Agricultural Resources is protected from disclosure under two exemptions from the statutory definition of “public records.” The two statutory exemptions at issue in this case were Mass. Gen. Laws ch. 4, 7, twenty-sixth (n) and (c), which implicate public safety and privacy. After analyzing the scope of exemptions (n) and (c) and setting forth the appropriate constructions of the exemptions, the Supreme Judicial Court remanded the case for further proceedings consistent with this opinion. View "People for Ethical Treatment of Animals, Inc. v. Department of Agricultural Resources" on Justia Law