Dog Attacks and Mail Deliveries - A Little-Known Consequence
USA Fatality #16 - 5-year-old Girl Bitten by a Pit Bull - Concerns Voiced About Media Reports
There is an element of cover-up in this story that is somewhat remarkable. Authorities did not immediately report the attack, saying that keeping it out of the media would be best for the girl's parents. Tellingly, however, Ventura County Department of Animal Regulations Director Kathy Jenks also told reporters that in her opinion "pit bull attacks are reported much more frequently than those by other breeds of dogs."
However, there is no evidence confirming this.
Jenks also admitted that on the night Katya was attacked, a different pit bull killed another dog in Simi Valley, and yet another pit bull bit a woman on her legs in the same city. Both dogs were taken to the animal shelter, and Simi Valley police did not report any of the attacks to the media.
Doesn't this contradict what Jenks said? On her watch, pit bull attacks are NOT reported to the media. Is this what we should expect from animal control officials: manipulation of what the community knows and doesn't know about pit bull attacks?
USA Fatality #14 - Third Baby Girl In One Month - Parents' Dogs Are Killing Their Children
On September 22, 2008, a 3-day-old girl in Warren, Ohio, was killed in her home by her parents' Husky. The girl was laying in her bassinet. Names have not been released. (Click here to read the story.)
In the United States, this is the third baby girl to be killed by a family dog in one month. (See the summary under "News" on the home page of Dog Bite Law by clicking on the Link, above.)
In this situation, the blame must fall squarely on the parents and not on the dog. Even the most gentle dogs can react unpredictably in new situations. I am willing to bet that this dog had never been around an infant.
What will it take for parents to realize the danger that the family dog poses to babies and small children in general? Dogs do not mix well with infants. Dogs should not be put in that situation. The penalty is death: for the dog even if it just nips, and possibly for the child too.
I will guarantee you, however, that the parents will not be prosecuted for their gross negligence. I see the same pattern again and again. The police start by making excuses, as in this case, where the police spokesman reportedly said the husky mistook the child for a stuffed animal. (See the article, link above.) The prosecutors do not file charges. And juries will not convict, even in the Nicholas Faibish case. This was the mother who told her son to remain in the basement, and gave her pit bull the run of the rest of the house, ending with the dog killing the boy a couple of hours later. (See "Defending against criminal charges: case study of People v. Maureen Faibish" at Dog Bite Law.)
The death of Diane Whipple was in the news this week. The owner of her killer was sentenced to 15 years to life in prison. This was justice (even if at the expense of law, as suggested in my prior post). Justice for an adult. When children are killed, there is no justice. Our hearts break for the parents, but in the process we forget that one of the goals of the criminal justice system is to make people do the right thing. Protecting your children from your dog is the right thing. If you fail to do your duty, you fail your children, and you fail your community.
The criminal justice system must stop favoring the well-being of parents over the lives of their children when it comes to dog attacks.
The following comments are by DOUG D (who sent them to us by clicking "Contact Us" in the menu bar, above):
In these infant mauling cases, the state's "child protection" agency should get involved. In NJ this agency is DYFS (Division of Youth and Family Services). There could be other small children in the same home as the infant with this dangerous or vicious dog.
In ALL DYFS related cases, the caseworker should be required to record number of dogs, age of dog(s) and breed of dog(s) in the home. If a biting incident occurs, either the children or dog(s) must be immediately removed from the home.
We've sent several letters to NJ DYFS and legislators concerning this issue - as expected, no response from them.> Another major problem is the way the "media" treats/reports these incidents - very little or NO coverage! If there is coverage, the incident is simply called a terrible "accident"!
If there were a can of tainted dog food somewhere in the country, the news media would post ALERTS to dog owners all day long - for weeks. An infant gets mauled and there is no coverage.
Infant dog mauling cases need to get the same media coverage as an "Amber Alert". The incident needs to be broadcast ALL DAY & ALL NIGHT for DAYS. Each time the story is broadcast, it should contain WARNINGS AND PREVENTION INFORMATION to parents and expecting parents about the dangers of dogs in the home. Unfortunately, many dog owners wrongly bestow anthropomorphic characteristics upon the dog. They are deluded in their thinking that dogs would "protect" infants or that dogs have some sense of right v. wrong when it comes to children. All of which is just plain non-sense - dogs are unpredictable animals. Dog owners refuse to get this!
The dog lobby claims that "education" is the key to preventing dog attacks but they do nothing.
If anything, they make sure the story gets quashed!
It is my belief that the 30 billion dollar pet supply industry through their advertising dollars control much of what the news media can report!!!!!!
Doug D.
Knoller Sentenced to 15 Years to Life, Vows Appeal
The story of the Diane Whipple murder case is related in detail on Dog Bite Law. The Whipple section of the site was referred to as the "bible of the trial."
Whipple's death cries out for justice, but even at this stage it is painfully obvious that this justice will be at the expense of the law. The California Supreme Court has obliged so far, rewriting the law of second degree murder to accommodate prosecutors. The Superior Court has obliged so far, removing the trial judge who granted Knoller's first motion for a new trial, replacing him with a judge who heard not a word of testimony but threw the book at Knoller anyway.
However, the most serious issues in the Whipple murder trial have yet to be appealed. When they are, will the need for justice continue to sweep away the need for law?
Don't get me wrong. Knoller and Noel deserve the worst. Both of them deserve a lifetime in prison for what they did. As a lawyer, however, I cannot help but decry what is being done to the law. I do not see an increase in prosecutions of people as bad as they. I do not see declining numbers of fatal dog attacks, but rising numbers. The Whipple case should be about something more than putting Knoller in prison: it should be about justice and law too. It should be about stopping fatal dog attacks.
But it isn't. It's just about putting Knoller in jail for life. And that's not good enough.
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What people write to Attorney Phillips...
Dear Mr. Phillips, Your website is a “blessing”. Thank you. It helps to be able to educate myself on the issues. My neighbors wife was attacked; and, by coincidence, my city, Jasper, Al is in the early process of adopting “some kind” of dog control code.
After reading the statistics of attacks especially children attacks. I find myself on a “crusade” to help the city find and adopt the best codes possible.
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