Animal Cruelty Investigations

Linda Fielder

CAWA

Animal Legal Defense Fund, Cotati, CA, USA

Emily Lewis

JD, MSEL

Animal Legal Defense Fund, Cotati, CA, USA

This first edition first published 2022 © 2022 John Wiley & Sons, Inc

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Linda Fielder, CAWAAnimal Legal Defense Fund Cotati, CA USA

Emily Lewis, JD, MSELAnimal Legal Defense Fund Cotati, CA USA

Dr. Kris Otteman, DVM, Diplomate ABVP Shelter Medicine Practice, CAWACourtesy Faculty Carlson College of Veterinary Medicine, Oregon State University USA

Dr. Zarah Hedge, DVM, MHP, DACVPM, DABVPShelter Medicine Practice San Diego, CA USA

Jake Kamins, JDState of Oregon Animal Cruelty Deputy District Attorney Corvallis, OR USA

David B. Rosengard, JD, LLMManaging Attorney, Animal Legal Defense Fund Adjunct Professor of Animal Law, Lewis & Clark Law School Cotati, CA USA

The authors have worked together to promote the investigation and prosecution of crimes against animals for over a decade. We have put our best efforts forward in hoarding cases that made the national news and cases of anonymous animal victims with no known owner, witnesses, or suspect. Despite our fierce dedication to the cause, there were moments, months, even years, that led to frustration, tested our fortitude, and pushed the boundaries of our tolerance for impediments. It is in those moments that we garnered the information and experience that we share with you in this book. We have faced many challenges in working on these cases and realized over time that our most successful responses were born out of a collaboration of disciplines and expertise. Not one of us could have approached our work in this field alone and we do not expect that from our readers.

Use the information in this book to empower you and your agency to respond to animal cruelty with confidence and integrity. Animal cruelty casework is difficult, particularly if you do not have the resources, support, and expertise you need. Let this book help identify those gaps in your jurisdiction and guide a solution regardless of the magnitude of the perceived roadblocks.

Confronting and addressing animal cruelty is important. If for no other reason than it is against the law in every state. That aside, animal abuse is a violent crime and to think the cycle of violence begins or ends with animals would be naive. The safety of your community is directly related to how seriously you take animal cruelty allegations. In our years of work on these cases, the frequency with which mental illness correlated to maltreatment of animals became glaringly evident. More often than not, the owner of a neglected animal needed community resources as much as the victim animal. Failing to adequately respond to neglected animals in your jurisdiction simultaneously ignores individuals who are struggling with mental health issues. Finally, animals are sentient beings, made vulnerable by their inability to put words to their experiences. They rely on veterinarians, field officers, and prosecutors to speak on their behalf with equal advocacy as any victim would receive.

After years in the field, each of us can recall a case that we wish had turned out differently for the animal or humans involved. For any one of you who can name that animal cruelty case, the one that keeps you up at night, the one you wish had turned out differently, the one you learned from, the one that simply did not seem fair, this book was born out of that indignation and the drive to facilitate justice in honor of those victims who never found it and future victims who deserve it.

Writing this book was an exercise in perseverance and teamwork. Having worked together closely for many years, we consider ourselves masters of teamwork. As for perseverance, we’ve learned that a bend in the road is not the end of the road, and we are grateful to be continuing this journey together. We relied on each other throughout this process, but our thanks goes out to the people who kept us organized, contributed their expertise, and offered genuine feedback. Thank you to contributing authors Dr. Zarah Hedge, Jake Kamins, Esq., and David Rosengard, Esq. Each of you brings a deep well of experience and insight to this text. Thank you to Anika Moje for reviewing our work with a keen eye for detail, keeping us on task, and providing support and constant encouragement. Thank you to Kathleen Wood, Esq., for repeatedly lending your vast expertise on state law nuances and Conor Lamkin for your extensive legal research assistance. Our appreciation goes out to Scott Heiser, Esq. and Michelle Welch, Esq., for their contributions to the Specific Case Protocols. Thank you to Nichole Waldner for editing and formatting our manuscript, Jacqui Monahan for designing our graphics and templates, and to Merryl Le Roux, Erica Judisch, and Wiley Publishing for guiding us through the submission and publishing process. Thank you to the Oregon Humane Society for the use of case materials and photographs throughout this text.