Veterinary Forensics

Animal Cruelty Investigations

Melinda Merck

• Publisher: Wiley-Blackwell
• Year: 2012
• Print ISBN: 9780470961629
• eBook ISBN: 9781118472132
• Edition: 2
• Topic: Medicine
• Subtopic: Veterinary Medicine

Veterinary Forensics, Second Edition is a practical reference on applying veterinary forensic findings in animal cruelty cases. Now providing a greater focus on findings in animals, the second edition continues to offer guidance with more detailed information on crime scene investigation, forensic testing and findings, handling evidence, and testifying in court. Key changes to the new edition include new chapters on abuse in large animals, poultry, and birds; a standalone chapter on entomology; a new section on large scale cruelty investigation; an expanded section on pain and suffering; more pathology information; and more photos, forms, and information throughout.

Logs and workbooks from the book are available on a companion website at www.wiley.com/go/vetforensics, allowing readers to download, customize, and use these forms in forensics investigations. Veterinary Forensics is an essential resource for veterinarians, pathologists, attorneys, and investigators working on animal abuse cases.

1

The Legal System: The Veterinarian’s Role and Responsibilities

Diane E. Balkin, Laura A. Janssen, and Melinda D. Merck

Without justice, there can be no peace. He who ­passively accepts evil is as much involved in it as he who helps to perpetrate it.

Martin Luther King

INTRODUCTION

There is a growing societal awareness about cruelty to animals. The veterinary community is no exception. There is an expectation that perpetrators of animal cruelty and neglect be held accountable. It has been long recognized that there is a link between cruelty to animals and violence toward humans, and that animal abuse is often one of the indicators of family violence and child abuse. The law enforcement community now recognizes that early and aggressive intervention in animal cruelty cases has a positive and proactive impact on public safety and human welfare.

To effectively prosecute those who harm animals there must be a collaborative effort among agencies and ­individuals. Animal cruelty cases are unique because none of the victims are able to tell the authorities what ­happened. Therefore, there is a need for the expertise of a ­veterinarian or other animal health care professional in nearly every case. According to Neumann (2005), society already sees veterinarians as animal welfare advocates, and there is an expectation that veterinarians will fully cooperate in the investigation and prosecution of a cruelty case. Veterinarians are perceived of as a caregiving profession and members of the public expect them to be at the ^­forefront of setting the highest standards for animal ­welfare. “Research and ­professional experience provide compelling evidence that the veterinarian is not only a public health authority, but a type of “family practitioner” with a potential for ­preventing several forms of family violence”(Arkow).

Most veterinarians have not received formal training in recognizing animal abuse as part of their primary ­education; rather, they have gained the knowledge through continuing education or textbooks. Veterinary forensic medicine has been part of the veterinary college ­curriculum in other countries, such as Scotland and Brazil, whereas in the United States it has only recently begun to be ­incorporated into the curriculum or offered as an ­elective course. Even with some training veterinarians tend to ­hesitate to act because they are concerned about being incorrect in their suspicions. There is an increasing trend in legislation regarding the veterinarian’s role in reporting animal cruelty. Most of the provisions in the United States are found in either the state’s Veterinary Practice Act or their animal cruelty statute. The laws address both the requirement to report and the civil and criminal immunity and protection given to the practitioner who does file a report. The Animal Legal Defense Fund (www.aldf.org) maintains a current list of the states with some type of duty to report and those that provide some type of immunity.

DEFINING ANIMAL CRUELTY

Cruelty to animals can involve anything from act to ­omission, from teasing to torture, and from intentional to negligent. It also includes animal fighting, animal ­hoarding, and animal neglect. A determination of whether or not a given instance constitutes animal cruelty is made on a ­case-by-case basis. This decision may be made by an animal control officer or law enforcement officer at the time of the incident or it may be made later by a prosecutor. It is important for the veterinary professional to familiarize him or herself with local statutes and ordinances. For example, the term ‘animal’ is not universally defined and varies from state to state and city to city. Some statutes and ordinances may exclude certain species.

“The diagnosis of non-accidental injury is not an exact science either in children or in the family dog or cat” (Munro and Thrusfield 2001) and is covered extensively in the following chapters. Several tools are available to assist the veterinarian in evaluating whether or not an animal (particularly a companion animal) has suffered non-­accidental injury (NAI). One of the earliest studies on this topic was a 2001 series by Munro and Thrusfield, “Battered Pet Syndrome.” Care should be taken to recognize cases in which a failure to act has resulted in an animal’s pain and suffering. For example, veterinarians should check with their local animal cruelty investigator or prosecutor to determine if failing to seek timely veterinary care can ­constitute cruelty.

GOVERNING LAWS

Veterinarians should be mindful of the fact that ­numerous legal principles may be relevant to an incident involving an animal.

1. Federal and State Constitutions: A veterinarian who is employed by a law enforcement agency or humane society that has agents with law enforcement authority should be knowledgeable about constitutional protections afforded to all citizens. According to the Bill of Rights, for example, all individuals in the United States have the right to be free from unreasonable searches and seizures (Fourth Amendment). If at all possible, when seizing animals, it is preferable to have a search warrant signed by a judge. Veterinarians can play an important role in providing information for the affidavit, articulating why an animal(s) must be seized. They also can assist law enforcement by setting forth why certain items other than the animal(s) should also be collected during the execution of a warrant.

One of the primary reasons a veterinarian must testify in a criminal case is due to the defendant’s constitutional right to confront the witnesses against him or her (Sixth Amendment). The defendant has the right to subpoena witnesses and to cross-examine the ­prosecution ­witnesses in person and in the presence of the judge or jury.

2. Federal Statutes, State Statutes, and Municipal Ordinances: These are typically the laws that define animal cruelty, neglect, hoarding, and fighting. They also set forth the criteria for search warrants, arrest warrants, and restraining orders, and govern the practice of veterinary medicine.

3. Federal and State Rules of Evidence: These rules set forth the guidelines for the admissibility of evidence and testimony, including expert testimony. They also give the judge guidelines regarding relevancy, the admissibility of documentary evidence, and whether or not a statement is hearsay or if it is hearsay, whether or not it is admissible as an exception to the hearsay rule.

4. Case Law: Certain cases set a precedent and set forth guidelines for the admissibility of specific types of evidence.

HOW VETERINARIANS BECOME INVOLVED

Veterinarians can become involved in a case in a number of ways. Most commonly, an injured or deceased animal will be brought to the hospital, clinic, or shelter for ­evaluation and treatment. The animal can be brought in by an animal control officer, a good Samaritan, an established client, a stranger, etc. All animals should be treated in the same manner regardless of the circumstances. On ­occasion, a veterinarian may actually respond to the crime scene. This usually occurs if the veterinarian is an employee of a local law enforcement agency or has a contract with the local law enforcement agency. This is the optimum case scenario because the veterinarian becomes a “direct” witness to the crime scene and the animal(s) (see Chapter 2). Regardless of how ­veterinarians becomes involved it is critical to remain objective and to document their findings in an impartial and unbiased manner. It is important to be aware of the fact that it is as important or more important to ­exonerate the innocent suspect as it is to dispassionately substantiate the circumstances of a crime.

Reporting

Laws regarding the veterinarian’s role in reporting ­animal cruelty and animal fighting vary state by state. Because there is an emerging trend toward mandatory reporting, the veterinarian is well advised to be prepared to act in the event the situation arises.

Factors that inhibit reporting

One of the primary concerns expressed by veterinarians regarding reporting is that they do not feel competent to recognize animal abuse. They feel a need to know and understand the exact provisions of the local cruelty laws. They mistakenly believe that it is their responsibility to apply that law to a particular set of circumstances. Most “reportable” cases will distinguish themselves and will be obvious to the veterinary professional. It is the ­responsibility of the law enforcement authority—animal control, the police, or the prosecutor—to make the ultimate determination as to whether or not criminal charges will be filed. It is not the responsibility of the veterinarian. A working ­knowledge of the law is all that is necessary.

For some veterinarians the hesitation to report is simply because they do not know where to report, what to say, and how to document their observations. These concerns can best be addressed by being proactive. The veterinarian should become familiar with the local cruelty laws and should cultivate a relationship with a local law ­enforcement agent before there is a need to contact them with an actual report (see Handling Suspected Abuse Cases and Developing an SOP). It is a common misperception that an animal abuser will not seek veterinary care for the injured animal, so it is far better to be prepared in the event the situation arises.

Another common misconception is that the veterinarian must be positive that an animal has been the victim of ­cruelty before reporting it to the authorities. All that is ­generally legally necessary is for the veterinarian to have a reasonable or good faith belief. Additionally, many ­veterinarians mistakenly believe that the cruel or neglectful act or omission must be deliberate or intentional. Many cruelty statutes cover reckless and negligent conduct as well. It is ultimately up to the law enforcement authorities to determine whether there is a provable mental state—it is only necessary for the veterinarian to report the suspected acts or omissions resulting in cruelty.

Many veterinarians are uncomfortable accusing another individual of what amounts to criminal conduct. In certain situations, the suspected perpetrator may be an established client. The client often does not look like a criminal or act like a criminal. The veterinarian must recognize the fact that like all other crimes, the offender may be of any socio-economic, racial, ethnic, age, gender, or other category.

In rural and smaller communities there is a fear of the loss of the relationship with the client, the client’s family, and the client’s friends. There is also a fear of an adverse effect on the veterinarian’s reputation in the community. In actuality, the reverse may well be true. Veterinarians who demonstrates a willingness to report animal cruelty may experience an increase in their client base because this is perceived by existing or potential clients as an attractive altruistic aspect of the practice.

In some situations the veterinarian fears being sued by the client. In most, if not all, of the states that mandate reporting, there is built-in immunity from civil and ­criminal liability. There are some states without mandatory ­reporting that specifically provide this immunity. Civil and criminal immunity means that if veterinarians report a case of ­cruelty in good faith they should not be able to be sued. Additionally, veterinarians should be protected from ­allegations that they violated confidentiality requirements. Whether or not the veterinarian can release patient records varies state by state and is usually found under the Veterinary Practice Act. In some states the veterinarian must turn over the entire record and in others they are prohibited from turning over the records without a court order.

In states that require reporting, veterinarians who fail to report when they should have may be legally accountable under the law and may face serious consequences. Additionally, there may be circumstances when a veterinarian fails to report cruelty and the conduct may be ­perceived as aiding and abetting the perpetrator. If this is the case, the veterinarian could face criminal charges for being a complicitor to animal cruelty.

If the abuse was particularly heinous or was committed in the context of family violence, there may be a concern for the safety of the veterinarian, the employees, and other clients and patients. There also may be a concern that the situation will escalate. Law enforcement officers are equipped to handle these types of concerns and are able to afford protection to the reporting veterinarian. This is another example of why it is important to cultivate a ­relationship with local law enforcement agents before the actual need arises. If the veterinarian is concerned about safety during the pendency of a case, he or she should ask the prosecutor to get a restraining order against the ­defendant and list the veterinarian as a protected ­person, including the veterinarian’s home and clinic as restricted places.

There are a number of veterinarians who simply do not want to get involved or invest the time. This is typically based on the lack of awareness of the importance of ­reporting. Some have concerns that law enforcement agents or the prosecuting authority will not advise them about what to expect, protect them, or prepare them for court. Some simply have a generalized fear or distrust of police, lawyers, and the court system.

Factors that support reporting

There are several compelling reasons to report. It is ­encouraged by the professional associations and it improves the welfare of the abused or neglected animal. Intervention in a particular case may break the cycle of ­violence, therefore preventing additional harm to other ­animals and humans. The veterinarian may well be making the community safer. Most importantly, it is the right thing to do. In 2010, The American Veterinary Medical Association’s Executive Board took a bold step when it amended the Veterinarian’s Oath to include animal welfare. The oath reads as follows: “Being admitted to the ­profession of veterinary medicine, I solemnly swear to use my ­scientific knowledge and skills for the benefit of society through the protection of animal health and welfare, the prevention and relief of animal suffering, the conservation of animal resources, the promotion of public health, and the ­advancement of medical knowledge” (AVMA).

Following is the American Veterinary Medical Association (AVMA) position statement regarding animal abuse and animal neglect: “The AVMA recognizes that ­veterinarians may observe cases of animal abuse or neglect as defined by federal or state laws, or local ­ordinances. The AVMA considers it the responsibility of the veterinarian to report such cases to appropriate authorities, whether or not reporting is mandated by law. Prompt disclosure of abuse is necessary to protect the health and welfare of ­animals and people. Veterinarians should be aware that accurate, timely record keeping and documentation of these cases are essential. The AVMA considers it the responsibility of the veterinarian to educate clients regarding humane care and treatment of animals” (AVMA). Regarding animal fighting: “The AVMA condemns events involving animals in which injury or death is intended. The AVMA supports the enforcement of laws against the use and transport of animals and equipment for fighting ventures. Further, the AVMA recommends that...

Table of contents

• Cover
• Website information
• Title page
• Copyright page
• Dedication
• List of Contributors
• Foreword
• Preface
• Acknowledgments
• 1 The Legal System: The Veterinarian’s Role and Responsibilities
• 2 Crime Scene Investigation
• 3 CSI: Examination of the Animal
• 4 Special Considerations in Animal Cruelty Cases
• 5 Blunt Force Trauma
• 6 Sharp Force Injuries
• 7 Burn-, Electrical-, and Fire-Related Injuries
• 8 Firearm Injuries
• 9 Asphyxia
• 10 Poisoning
• 11 Neglect
• 12 Sexual Abuse
• 13 Animal Fighting
• 14 Postmortem Changes and the Postmortem Interval
• 15 Forensic Entomology: The Use of Insects in Animal Cruelty Cases
• 16 Large Animal Cruelty
• 17 Avian Cruelty
• Appendix 1: Colorado Veterinary Medical Association Protocol for Mandatory Reporting of Animal Cruelty and Animal Fighting
• Appendix 2: Case Status Form
• Appendix 3: Evidence Log/Chain of Custody Form
• Appendix 4: Photo Log
• Appendix 5: Animal Cruelty Forensic Supplies
• Appendix 6: Clandestine Burial Crime Scene Checklist
• Appendix 7: Veterinarian Crime Scene Checklist
• Appendix 8: Deceased Animal Intake Questionnaire
• Appendix 9: Live Animal Intake Questionnaire
• Appendix 10: Live Exam Form
• Appendix 11: Necropsy Exam Form
• Appendix 12: Fixed Tissue List for Histopathology
• Appendix 13: Canine Body Condition Score for 1–9 and 1–5 Scales
• Appendix 14: Feline Body Condition Score for 1–9 and 1–5 Scales
• Appendix 15: Dog Diagram: Condition of Skin, Haircoat, and Nails Form
• Appendix 16: Cat Diagram: Condition of Skin, Haircoat, and Nails Form
• Appendix 17: Cat Skeleton Lesions Form
• Appendix 18: Dog Skeleton Lesions Form
• Appendix 19: Cat and Dog Skeletal Inventory Form
• Appendix 20: Live Exam Report Template
• Appendix 21: Necropsy Report Template
• Appendix 22: Forensic Medical Protocol for Large Scale Cases
• Appendix 23: Large Scale Medical Supply List
• Appendix 24: Large Scale Live Animal Exam Form
• Appendix 25: Rapid Bird Exam Form
• Appendix 26: Botany Field Report
• Appendix 27: Dog Bite Investigation Worksheet
• Appendix 28: Basic Small Pet Bird Care in Temporary Shelters
• Appendix 29: Tuft’s Animal Care and Condition Scale for Dogs
• Appendix 30: Tufts Animal Care and Condition Scale for the Environment
• Appendix 31: Dogfighting Terminology
• Appendix 32: Cajun Rules for Dogfighting
• Appendix 33: Dogfighting Scar and Injury Chart
• Appendix 34: Cockfighting Scar and Injury Chart
• Appendix 35: Examples of Vitamins, Drugs, and Medical Supplies Used in Dogfighting
• Appendix 36: Entomology Form for Animal Cases
• Appendix 37: Webliography
• Index
• Eula