Animal Cruelty Investigations

This book was created not only by the authors and contributors, but by every individual who worked alongside us responding to animal cruelty cases. The members of the Humane Investigations and Medical teams at the Oregon Humane Society were a committed, talented, compassionate group I considered family. We sweated inside Tyvek suits and maneuvered through crime scenes stacked with garbage, mired in mud, and filled with treacherous hazards both living and inanimate. We worked together through long days and beyond exhaustion. Never satisfied with doing just enough, my colleagues helped support the mindset of constant learning and always finding ways to do better, always for the animals.

In the field of animal cruelty investigations, having a support network outside the organization or agency is critical to one’s mental health and stamina. I am fortunate to have a chosen family of friends who made sure to check in when the work became heavy, both in the field and during the challenges of writing this manuscript. Finally, I owe a debt of gratitude to the experts who have contributed to the field of veterinary forensic medicine and whose texts I carried with me to the exam room, kept on the bedside table, and recommended to anyone who wanted to learn more about the science behind animal cruelty investigations. This book is intended to support those excellent works that came before it.

Many years ago, the Criminal Justice Program at the Animal Legal Defense Fund graciously allowed me to volunteer as a recent college graduate, adrift in the world with a degree but no specific direction, save my compassion for animals. That position opened my eyes both to the horrific crimes perpetrated against animals and the network of remarkable professionals committed to seeking justice on their behalf. I had found my path.

In the years that followed, lawyers, professors, veterinarians, and animal welfare professionals whom I held in the highest esteem became mentors and eventually colleagues. I will never be able to adequately convey the level of gratitude I have for the individuals who created opportunities and then mentored me on the path of this career that has enriched my life in so many ways. This book is a testament to your leadership, guidance, and inspiration. Thank you for constantly raising the bar and never doubting my ability to meet it.

To my most wonderful, supportive family and amazing loyal friends, thank you for being the counterbalance to the heaviness of this work and shining a light on those days when the world can seem full of shadows. You are the constant reminder that there is good in the world and have always fueled my sustained optimism that it is worth fighting for that good.

Sentiments of gratitude cannot come without also acknowledging the motivation behind this work. To the individuals involved in animal cruelty cases – once or every day – who are open to unique partnerships and willing to rely on them, who value the insight of experts, and who use their experiences to teach others: you are inspiring, you make a difference, you are both the reason for this book and the answer for the animals.

Working in a local veterinary practice in the early years of my career, I encountered animals who had suffered cruelty, however during this time, laws were not in place that recognized these crimes or offered any legal consequences on behalf of the animal victim. As the fields of veterinary medicine, animal welfare, and animal protection laws have grown and aligned in recent years, the resulting synergy has been incredible to witness. The tangible benefits to the animals and the people in our communities through teamwork, compassion, education, and emerging science have profoundly changed the world for the better.

The Oregon Humane Society provided the mission and the resources necessary for us to contribute to the incredible evolution of humane investigations in the United States through practical example and teaching others. I am eternally grateful to all the amazing people who made this possible. Every action certainly influences others and I am grateful for the opportunity to be a positive force and example that propels this field forward.

Thank you to my father, Dr. Richard H. Otteman, for inspiring me to never stop learning and to have the courage to make a difference even in the face of fear or uncertainty.

To my ever encouraging and best critic, my husband Jeff, thank you for supporting this effort to put into writing the passion and energy my co‐authors and I have for collaboration in the fight against animal cruelty. Your sage advice and wisdom sustain me.

To the social workers, law enforcement, prosecutors, animal control and animal welfare workers, veterinarians, and veterinary staff who give of their time, talents, and treasure to act and continue this momentum – thank you and do not tire . It is my hope that this book is a thank you to all my colleagues who have paved the way and an encouragement to all who may begin or choose to continue this journey of truly making reverence for life a reality for all creatures great and small.

This book is accompanied by a companion website:

www.wiley.com/go/otteman/victimtoverdict

The website includes:

Introduction to the Appendix

Appendix A–Specific Case Protocols

Appendix B–Forms and Checklists

Appendix C–Templates and Agreements

Appendix D–Resources

Emily Lewis

All 50 states now criminalize cruelty to animals in one way or another. With animals as live evidence unable to put words to their suffering or the criminal act perpetrated upon them, attaining justice for victim animals is conditional on the successful collaboration of veterinarians, law enforcement, and prosecutors. Not only do these cases require each of these disciplines to understand and execute their role with precision in order to be successful, but they must also understand the duty, constraints, and capabilities of each other in the context of an animal cruelty case. The laws may differ between states in nuanced ways, but the foundation of a thorough and fair animal cruelty investigation remains relatively static across state lines. This book provides a multidisciplinary guide to building that foundation in every case.

Whether you are working in the field or training members of your community, this book can be a valuable resource. It is written to be equally comprehensible across disciplines and experience levels. It can function as a guide for field officers to use when actively responding to reports of animal cruelty, while also providing forms and templates ready for use in the field. It can provide clarity to veterinary staff at a community clinic on what to do when they are presented with a suspected victim of animal cruelty. Seasoned and novice prosecutors can reference this book upon assignment of an animal cruelty case to understand the players and nuances of such cases.

The book is written and organized in a way that facilitates its use as a quick, situational reference source or as a comprehensive manual suited for field work or a classroom setting.

The chapters are ordered to follow the typical trajectory of an escalating criminal animal cruelty case. Before addressing the investigation aspect of these cases, the book first emphasizes the importance of a preliminary understanding of the subject matter of the investigation, found in Chapter 2. From there, the chapters discuss the various phases and components of a thorough investigation, starting with the baseline expectations for each case assessment ( Chapter 3) through execution of a search warrant and evidence collection ( Chapters 9and 10). The final third of the book discusses the phases of a case that typically occur after the initial investigation and/or search warrant execution ( Chapter 11, 12, and 13), concluding with remedies for animal ownership and trial ( Chapters 15and 16).