Now Driving Online Now Hiring Online Home Seller Subscribe to the JG-TC
73°F
If you could add a contest to Bagelfest what would it be?
More
Bagel toss
Bagel eating
Bagel stacking
Bagel recipes
Bagel crafts
View Results
 


















 
Friday, September 26, 2008 9:00 PM CDT
Stiffer penalties needed in cases of animal abuse



The conviction of Chicago-area physician Ernest C. Rose on nearly all misdemeanor counts relating to neglect of 72 horses on his Charleston farm, we understand.

But, misdemeanor charges are inadequate in light of what happened on Rose’s farm. Unfortunately, that was the best the prosecution could do within the confines of Illinois law.

Rose was char ged with 200 counts of misdemeanor offenses ranging from violation of owner’s duties to improper disposal of dead animals.

Rose is accused of failing to dispose of dead animals found by authorities in August of last year. Accusations of failing to provide the horses medical care and food and water were also lodged against him.

Veterinarian Kyle Drake, who examined the horses, told the court that the animals’ muscles and internal organs were depleted. “You can see every bone in the horse’s body,” he testified. Drake said it takes up to a year of “chronic lack of food to reach that stage.”

Rose, who testified he was only able to return to Charleston a few times a month, blamed his workers for the conditions at the farm. “It got to the point where every time I came home on a weekend, there would be something wrong,” he testified.

According to Rose, the worker in charge was able to “really turn it on” in making excuses for the employee’s alleged poor work.

Rose’s admission that he returned to Charleston several times a month and his claim to not having been aware of the condition of the horses begs the question: “Why wasn’t he?” He owned the farm; the horses were his; he was ultimately responsible for the creatures’ care.

Circuit Judge Mitchell Shick, in handing down his verdict, agreed with prosecution arguments that Rose knew what was going on but did nothing about it.

Rose faces sentencing Nov. 21. The physician faces the possibility of fines and jail time. The prosecution will ask that Rose forfeit the horses and pay for their foster care.

Several other cases of animal abuse and neglect have been alleged in this area in recent months.

One stems from a raid by Shelby County authorities of a rural Stewardson man’s property where they discovered 23 pit bulls allegedly trained for dog fighting. Authorities found dog fighting equipment, a dog fighting arena and several exercise treadmills.

Charges have been filed in the case against the owner of the property.

We are the caretakers of animals and we have an obligation to see they are not mistreated and to deal with offenders in a manner commensurate with their actions.

We urge area lawmakers to push for tougher laws involving large-scale abuse of animals.

What occurred on Rose’s farm testifies starkly to that that need.

— JG/T-C Editorial Board


Share:          Submit to Reddit         Add to My Yahoo!Add to My Yahoo!   



  Add your comments

*Member ID:
*Password:
Remember login?
(requires cookies)
  Forgot Your Password?
 

Not already registered?
Then click Here.


JG-TC.com encourages readers to engage in civil conversation with their neighbors. Comments that are submitted are not posted to the site immediately. They go into a queue to be moderated and may take several hours to be reviewed. Comments posted on Saturday may not be reviewed until Sunday afternoon.

In order to keep the page a set width, long lines (mostly long links) will be chopped. Try putting spaces in your links or consider using tinyurl.com to make a smaller link that you can include.

We will never edit or alter your comments, but we do reserve the right to remove comments that violate our code of conduct.

No comment may contain:

* Potentially libelous statements; such as accusing somebody of a crime, defamation of character, or statements that can harm somebody's reputation.
* Obscene, explicit, or racist language.
* Personal attacks, insults, threats, harassment or inciting violence.
* Commercial product promotions.

If you have any questions, please contact our moderator.


Early Bird wrote on Sep 29, 2008 5:04 AM:

" I'll predict that when the announcement is made, as to the punishment for Rose, it will turn into a series of on line comments about electing Todd Reardon as the next states attorney, instead of more appropriate references as to the much needed reforms with animal abuse laws, as was pointed out so well in this editorial. "

Mike P wrote on Sep 29, 2008 6:50 PM:

" An article appeared in this paper in state news, where a man stabbed his dog, and it was charged as a felony.

Its admirable this paper takes up this cause, now that the case has been decided. Another example of siding with issues once the outcome is clear. Fake outrage is published, and until it happens again, these sentiments likely fall silent.

What are the laws in Illinois, on animals cases we have had? How is someone stabbing a dog up north a high bond bail, felony and here these cases get treated like jaywalking. Is that case a local statute, or does their prosecution simply know the law better?

This paper is following the assumption that the states attorney represented the peoples interests properly in this prosecution. Will they have the nerve, to determine if that was the case, or just leave it at presuming folks are doing what they say they are?

What number defines large scale? How tough are the current laws, in reality on the cases we have had here? From the guy who hit the neighbors puppy with a shovel, to the puppy mills and dog fighting, and the ernest rose glue farm.

Will this paper ever take up a cause it adopts or continually raise it and let it fall, as quickly as it came to them, if they said this, they could seem relevant on this weeks score chart? "

Tree Hugger wrote on Oct 1, 2008 11:01 AM:

" Nice post Mike P. I also wondered why our judge thought we were entering uncharted territory in a case of animal abuse - yet it seems like there are at least 1/2 dozen shows on Animal Planet that prosecute animal abusers. Is it that Illinois is lacking laws to protect animals or it is that our local government is just not educated in the subject matter? Now I know that TV is TV, but it seems like people go to jail for far less than the 3 cases of animal abuse that have happened in our area in the last few months. "

Mike P wrote on Oct 1, 2008 1:07 PM:

" The aspca has a site, that lists state laws for animal cruelty or abuse.

Animals Humane Care for Animals Act) 510 ILCS 70/3.02 Aggravated cruelty

Summary: 'Companion Animal' = canine, feline, equine and other animals commonly considered to be pets or considered by owner to be pets (510 ILCS 70/2.01a) Prohibits intentionally committing an act that causes a companion animal to suffer serious injury or death.

Exception: Euthanasia through recognized methods approved by the Department of Agriculture.

Penalty:(510 ILS 70/16) 1st Offense: Class 4 Felony, one - three years confinement; maximum $25,000 fine or $50,000 for corporation. 2nd or Subsequent: Class 3 Felony, two - five years confinement; $500 fine, or $50,000 for a corporation. The Dept. may enjoin continuous violations. Arresting officer may seize all or some of companion animals in custody of offender. Officer must file affidavit and inventory with court and place animals in custody of animal shelter. Offender must receive written notice of seizure. Court may also order psych. evaluation and treatment at offender's expense. Court also may order forfeiture of all animals that are the basis of conviction, and court may order that offender and co-conspirators who live in same household as offender (or who knew/should have known of abuse) may not own or harbor any animals for a reasonable time. Mandatory psych. counseling for juveniles and companion animal hoarders.

For juvenile offender, as a condition of probation, the court must also order psych. evaluation and treatment. If the animal was an owned animal, civil action allowed for value of animal, vet expenses, emotional distress of owner and punitive damages ($500 - $25,000). Civil actions are authorized (see 510 ILSC 70/16.3 for details).

This is one of the laws they list for Illinois. This leads me to believe local prosecutors simply don't understand or choose not to enforce laws that are already on the books.

The Rose animals and other cases, here should meet this statute I would think. "

Mike P wrote on Oct 1, 2008 1:13 PM:

" (Animals Humane Care for Animals Act) 510 ILCS 70/3 Owner's duties

Summary: Requires owners to provide sufficient good quality wholesome food and water, adequate shelter, vet care to prevent suffering, and humane care/treatment.

Penalty: (510 ILCS 70/16) Class B Misdemeanor, maximum six months' confinement; $200 fine. 2nd or subsequent: Class 4 Felony. Department may enjoin continuous violations. Court may also order psych. evaluation and treatment at offender's expense. Court also may order forfeiture of all animals that are the basis of conviction, and court may order that offender and co-conspirators who live in same household as offender (or who knew/should have known of abuse) may not own or harbor any animals for a reasonable time. Mandatory psych. counseling for juveniles or companion animal hoarders.
---
(Animals Humane Care for Animals Act) 510 ILCS 70/16.1 Defenses

Summary: It is not a defense to violations of the Humane Care for Animals Act for the offender to assert that he/she had rights of ownership in the animal that was the victim.
---
These two were also there. "

Mike P wrote on Oct 2, 2008 8:25 AM:

" It seems somewhere in the process the law enforcement system, isn't upholding the laws that are on the books. If evidence was there to charge as felonies, it wasn't done for what ever reason. If evidence or investigation was lacking to be able to prosecute serious crimes as felonies, it shouldn't have been. All this can be placed squarely at the states attorneys feet.

The states attorneys office should be sponsoring law enforcement training, of crimes and evidence collection. The Rose case was nearly thrown out completely, because of lacking knowledge of investigating officers.

There are a lot of laws. Its evident, with the lax prosecutions of many serious offences, either the evidence isn't getting there to support a solid conviction represening the severity of the crime, or the desire isn't there, to stick with or present a relavent case.

Someone just plead to 8 years for murder. How is that a crime deturrent. That case had to be really thin, to let murder = 8 years.

The states attorney has an obligation to represent the citizens of the county. Communication with law enforcement, seminars, classes, basic evidence law, should have been part of this program, from day 1. If a case comes in weak, gather the chiefs and have a pow wow. Explain what was weaker than it should have been, what needed to be done, to build it strong and right.

The office seems to be a clearing house bystander to what ever case, happens to land in the office. Aren't they in coordination with the judges and law enforcement agencies supposed to be on the same team, persuing Justice and accountability. Not just any conviction or plea is a win, Next Case. "

hector19 wrote on Oct 4, 2008 9:33 AM:

" They should make this guy do 1000 hours of comminity service at a hog farm scooping up hog crap bare foot . "

Mike P wrote on Oct 4, 2008 3:17 PM:

" This weeks court notices where domesic violence, get less of a penalty, than lying to the police, or obstructing justice, are more prime examples of laws not being upheld by this office. If they won't do thier jobs to discourage crime, within the existing laws, who can? Traffic offenses get stiffer penalties than many of these cases of neglect or violence have been. That is completely up to the states attorney, and apparently his priorities differ than mine. Judges should have been reprimanding this office, for its shoddy work. Voters have the opportunity to have their say on the matters very soon. "

Mike P wrote on Oct 5, 2008 8:53 AM:

" The continual slaps on the wrist for violent offenses, of any kind, is why there are still so many of them and they graduate to more horrible crimes in some cases. Violence of all kinds, needs curbed, laws are in place to take more steps to do it.

This office choses to prosecute but accept a 200 fine and a little probation, is penalty enough for acts of violence, violating orders of protection, or abusing animals, over and over and over again.

New leadership is long overdue. This office has mismanaged itself, and misrepresented the people, for much too long. Its time for a change of the name on the letterhead, thats for sure. We could have Lutz take over, for all I care, this furgeson isn't cutting the mustard still, it been multiple terms, and its getting increasingly lax in punnishments or even prosecutions even fitting the crimes.

This is exactly how coles county became known for murder and getting away with it. We are well on our way to being known for being soft on violent crime again. Undeturred crime, tends to escalate, reading that for killing someone, 8 to 20 is the most you may get, isn't much of a threat to the criminal element we have in our revolving door system now. This counties whole justice system needs some new blood and a strong backbone of legal integrity. From probation officers, to law enforcement, new leadership, and tools need to be part of this offices deturring serious crime, being priority number one always. They gave out 8 years for murder. The judge and prosecutor of that case, need replaced. "

 


©2007 Journal Gazette and Times-Courier, divisions of Lee Enterprises.    JG/T-C Do Not Call Policy    Privacy Policy    Contact Us