Now here is something really important for the defense to object about--the inability to cross-examine a dog comforting a witness on the stand:


http://www.nytimes.com/2011/08/09/nyregion/dog-helps-rape-victim-15-testify.html?_

I thought the comments to the story were interesting. The first one was by a retired attorney who had a service dog. He opposed the use of dogs to comfort victims because he said based on his experience, the dog swayed jurors in favor of the witness' testimony. However, would that argument even hold water? First of all, one would hope that an adult juror would not let their personally love of dogs sway their view of the testimony. Second, I would think that most of the time the dog would not be in view of most of the jurors because the witness stand is usually enclosed and the dog would be hidden.

Janette A

I suppose it would depend on the breed. We all know from the Bush's Beans commercials that Golden Retrievers not only can talk, but also are quite sophisticated in the art of corporate espionage.

So the justice system would have to be especially vigilant with smart dogs such as Border Collies--nothing like being outwitted by a dog.

In contrast, great danes are much more easily manipulated by the simple offer of a Scooby snack.

My understanding is that that particular great dane would make a terrible witness: not only is he incredibly nervous, but his enunciation is terrible -- no scooby snack will solve that problem. Now his nephew, also a dog, speaks quite good English -- he is, however, a bit impetuous.

And there is Snoopy. Where would he and his kind fall on the scope of gullibility?

And I don't think any jury could credit testimony from Odie. (I really felt bad about being thanked for contributing this one to the forum.)

I hate to say there might be some competency issues with Snoopy. He clearly has multiple personalities and thinks his dog house can fly.

But you got to watch out for that bird friend of his. You know when push comes to shove, he'll sing.

Do chihuahuas have much pull? Discuss amongst yourselves..............

Spuds McKenzie would probably be wasted most of the time. The defense would be spinning their wheels crossing him.

Would Mr. Peabody be qualified under Rule 702?

Flipper, but gets a little ashy when out of his element too long.

Best for cross and closings: Wilby, The Shaggy D.A. ("in canis corpore transmuto").

My boxer has been training to be a therapy dog, and I was learning about the dogs in court programs. I think they're a great idea, so I'll be watching this type of case with interest. If nothing else, dogs are helpful in places like children's advocacy centers or just a witness waiting room to keep people more at ease while waiting to testify.

Do boxers fight?

They "box" each other with their front paws, which is how they got their names. And sadly, they're often used as bait dogs in dog fighting rings.

Good thing they have good people who are dedicated to saving them.

I'm a Dalmatian person myself, but I love Boxers. One saved me from a really nasty experience with a couple of teenage boys when I was eight years old. However, I don't believe Boxers much in the way of fighting dog. They are generally very good with kids. And if you look at their teeth, they have really small teeth and short fangs for a dog their size.

Janette A

I am a therapy dog evaluator. Midland has an awesome dog program that has been around for many years with their CAC. Dogs are with the victims in therapy and have been used in the courtroom.

My understanding is that the idea (there, at least) began with a K9 officer who responded to a bad situation with a child. The child latched onto his dog and wouldn't let go. The CAC ended up calling him to help with the statement and counseling...not the officer, you understand, the dog. From there the program grew. Last I heard, they have something like 15 dogs certified to work the program - with a dog and handler on call 24/7. Until you have witnessed a therapy dog in action, you can't imagine the effect. (and I still prefer my Samoyeds!!)

Lisa L. Peterson
Nolan County Attorney