Puppy beating may lead to tougher cruelty law

10:00 PM PDT on Friday, April 23, 2010

By JOHN ASBURY
The Press-Enterprise

The owners of a beaten puppy are working with a state senator and animal rights lawyers to create an animal cruelty offender registry and increase civil penalties.

California Senate Majority Leader Dean Florez, D-Bakersfield, has proposed legislation to create an animal abuse registry, the first in the country if approved. People convicted of felony animal cruelty would be required to list their address and criminal history on a registry.

The bill follows the recent conviction of a former Los Angeles County firefighter who beat his neighbor's dog so severely it had to be euthanized. The attack occurred in Woodcrest, southeast of Riverside, but both families have since moved.

Glynn Johnson was sentenced to three years parole and community service working with dogs. A jury found him guilty of felony animal cruelty for beating the dog, Karley, with a rock. Johnson said he was defending himself after the dog latched onto his hand. He was required to pay for the family's veterinary bills.

Florez said animal cruelty offenders often escalate to violence against people. The bill is also designed to increase adoption restrictions.

Johnson's attorney, John Sweeney, said the registry would not be meant for people like Johnson and would not be retroactive. Johnson had no prior criminal history before his conviction and retired from the fire department after the incident.

"I don't think Mr. Johnson fits the description at all of a dangerous animal abuser," Sweeney said. "He was a model citizen who rose to the top of the Fire Department. He is not at all the poster child of their cause."

The bill passed the Senate's Public Safety Committee by a Democratic party majority but still must clear the Appropriations Committee and be approved by the state Assembly.

The cost to establish and administer the registry be covered by imposing fines of $200 to $500 when people are convicted.

Abuse registry

Several groups have opposed the bill, including PetPac and the American Civil Liberties Union. The ACLU opposed listing offenders on the registry, Florez said.

Other groups have questioned if the fines will be enforced to pay for the registry.

PetPac, a political action committee representing pet owners, opposed the bill and its funding. PetPac Chairman Bill Hemby said only 3 percent of the funding from fines pays for the registry while the remainder goes to spay and neuter programs.

"It has nothing to do with animal cruelty programs," Hemby said "When you take almost 100 percent of the money and put it against a noncriminal justice issue with no strings attached, we call that a sham."

Hemby said the funding would better be served for counseling programs for offenders or school education programs.

The registry would include felony offenders for up to 10 years. Law enforcement would be notified, and the offender would be required to submit name, address and place of employment to the Department of Justice. The database would include the person's photograph and the date and type of the offense.

Anyone who failed to register would be punished with a civil fine but would not face jail time, according to the bill.

Stephan Otto, director of legislative affairs for the advocacy group the Animal Legal Defense Fund, said similar bills are pending in Tennessee, Louisiana and New York.

"Fundamentally, it's about safety and reducing costs. Those who abuse animals are at risk of re-offending," Otto said. "There's likelihood to them being violent to others as well. The goal is to reduce the cost at shelters and reduce the number of new victims."

Karley's owners, Jeff and Shelley Toole, said they would not have moved next to Johnson if he had had a history of animal abuse. They cited a 12-year neighborhood feud where the family argued with Johnson and were harassed over their animals running loose.

"I feel that anything we can do to help stop animal cruelty is beneficial to the average citizen who might be moving next door," Jeff Toole said. "When people abuse animals, that's a start of sociopath behavior where they might abuse people as well."

'Karley's Law'

The Animal Legal Defense Fund is working with the Toole family to draft "Karley's Law," a proposed law, which would entitle pet owners to additional civil damages associated with losing an animal in an animal cruelty case. The proposed bill has not been sponsored by a legislator or introduced into the Assembly or Senate.

Current law only allows damages equal to the value of the pet. The family has a pending lawsuit seeking unspecified damages for emotional distress and the loss of their home and wages.

Johnson has filed a countersuit seeking reimbursement for legal fees and alleging defamation of character.

Barbara Blanco, an animal law professor at Loyola Law School, said both proposed laws may have momentum. She said most of society has a large attachment to animals, but courts and laws have not recognized that in the past and only recognized them as property.

"Animals have assumed a much better status as a family member to a large percentage of Americans," Blanco said.

Staff Writer Jim Miller contributed to this report.

Reach John Asbury at 951-763-3451 or jasbury@PE.com

http://www.inlandsocal.com/pets/content/pets/stories/PE_News_Local_W_karley24.486452e.html