Need public support for animal cruelty and neglect prosecution in San Diego, CA

Posted 07/24/2006 


People v. Maria Torres, County of San Diego, case no. M900665
(Animal cruelty and criminal neglect under California penal code 597(b) and 597.1)

Your mailed or faxed letter may help decide if this case is dismissed or prosecuted.

In June 2003, “Spot,” a young pit-bull, was found chained in the Torres’ yard, laden with feces and urine, in San Diego. Spot could barely move because he was so emaciated and malnourished. The officer could see Spot’s spinal column and ribs. Spot’s ears were
partially eaten by flies. Spot’s body, without hair, was covered in open sores from untreated mange. When lifted into the officer’s truck, Spot’s skin tore open and bled. After medical evaluation at the County shelter, a veterinarian euthanized Spot to alleviate his suffering. His TACC score was “5” on a scale of 1-5.

The District Attorney declined felony prosecution. The Animal Services officer cited the “owner” for a misdemeanor. Torres, the defendant, signed a promise to appear in court. On the first court date, August 4, 2003, defendant Torres failed to appear. Typically, no effort is made to arrest misdemeanor defendants on warrants, so nothing happened.

In early July 2006, Torres decided to appear in court, assuming the case would be dismissed on a speedy trial motion that is typically brought by the public defenders office in such instances. I happened to be in court that day and saw the photos of Spot. Although I am the head deputy of the public integrity unit of the San Diego City Attorney’s office, I volunteered to prosecute this animal cruelty and neglect case. The evidence is strong – there is expert veterinary support and graphic photographs to show the neglect and cruelty of Spot’s condition – if we can get the case to trial. The investigating officer recalls this case vividly because of its tragic seriousness and Torres’ callous attitude.

Now, here’s how help from the animal protection community is necessary:

At the speedy trial hearing, a judge must consider whether defendant Torres has suffered prejudice due to the delay and if the delay was justified. Although the delay was caused by Torres own failure to appear, as she promised in signing the citation, the police failed to find and arrest her after she warranted (as with all misdemeanors). It is significant to emphasize that Torres failed to appear but has had full knowledge of the case. Thus, if she had any
“defenses” she should have either preserved them, or assumed the risk of losing them as a result of her own conduct. The investigating officer remembers the case very clearly and is prepared to testify.

As a practical matter, ask the judge not to allow Torres to avoid responsibility in a serious animal cruelty case by manipulating an overburdened criminal justice system. Otherwise, more defendants will use the delaying tactic to evade prosecution in misdemeanors. Of course the real problem is that animal cases should be prosecuted as serious felonies.
Let the judge know that the public believes strongly that it would be a miscarriage of justice to permit this defendant to avoid a trial by refusing to appear as promised. Ask the judge to look at the photographs of Spot.

Please address the letter to “The Honorable Court” (we don’t know which judge yet) and insert a RE: People v. Maria Torres, #M900665 caption, discuss the important points above, and stress that animal abuse is ignored today just as domestic violence cases used to be
ignored a few years ago. Explain it is necessary for courts to take animal protection cases seriously in order to effect change in the community.

Mail or fax the letters to me, Kim Urie, City Attorney’s Office, Criminal Division, 1200 Third
Avenue, 7th floor, San Diego CA 92101. If by fax, (619) 533-5505, you must use a cover sheet or it will not be delivered.

If letters are received quickly, I may be able to use them in negotiations with defense counsel for a guilty plea. The hearing date will be no later than August 25, 2006, with trial to follow immediately, if the case is not dismissed on speedy trial grounds.

Distribute this information to those who will handle it responsibly, and particularly amoung San Diego area residents. Please understand, I am writing about this case in my personal capacity, as someone committed to furthering animal protection issues. I take the time to do this because I have seen the photographs of Spot and read the evidence. And I will prosecute the case vigorously on behalf of the residents of San Diego, but the political will of the community is needed to make this particular case stand out from thousands of others, and be handled appropriately. If this happens more frequently, other prosecutors, judges and elected officials will begin to recognize the importance of animal protection and allocate public resources to animal issues, where they are now virtually non-existent.

For case related questions I can be reached at (619) 533-6177.

Thank you!
Kimberly Urie