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PENNSYLVANIA |
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The Pennsylvania Supreme Court on Tuesday overruled an Allegheny
County judge who contended the state's animal cruelty law was
unconstitutional because it made mere attendance at a dog fight
a criminal act. |
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The 6-0 ruling reinstated charges against Erik Craven, 26, of
Ingram, and Otis Townsend, 29, of Fairywood, who had been
charged after a videotape showed them standing above the ring at
a dog fight in the Fairywood neighborhood in 1999. |
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Common Pleas Judge David R. Cashman had ruled that the law was
unconstitutional because it was vague and overboard when it made
a criminal charge out of attendance at a dog fight. |
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Cashman contended the law conflicts with the criminal conspiracy
law, which specifies that mere presence at the scene of a crime
is not necessarily a criminal act.
Justice Russell Nigro said the law is constitutionally sound
because it "criminalizes attendance as a spectator," which is
defined differently than merely being in attendance.
Nigro said the law prohibits attendance at an "illegal animal
fight as a spectator and by doing so, puts individuals on
sufficient notice…" that it is unlawful conduct.
The law holds that a spectator is guilty of a third-degree
misdemeanor punishable by up to five years in prison for
attending dog fights.
Case Updates
Posted: May 5, 2003 - 1:31 PM
All defendants were charged with animal cruelty in connection
with an organized dog fight involving pit bulls in Pittsburgh
Allegheny County, Pennsylvania. All of the defendants except
Craven and Townsend were convicted on animal cruelty charges in
the Court of Common Pleas, Criminal Division, Allegheny County,
Pennsylvania at docket No. CC:99-10764. Craven and Townsend are
going on trial after the Pennsylvania Supreme Court overturned a
judges dismissal of their cases.
References
Pittsburgh Tribune-Review
Post-Gazette
www.petabuse.com
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