Portland, OR | Nov 15-17, 2017

How to Prosecute the Dogfighting case?

By Michelle WelchSenior Assistant Attorney GeneralDirector of the Animal Law Unit

Virginia’s Attorney General’s Office

Portland, OR | Nov 15-17, 2017

First: Evaluate whether you have all the evidence for the dogfighting

case/hopefully they called you from the scene.

Most dogfighting cases: police leave behind evidence

Ascertain if they did that here

• All American pit bull terriers born and unborn, fighting dogs, guard dogs, and dog fighting paraphernalia, to wit: Treadmills, catmills, exercise wheels, hides or other material used as hanging devices to strengthen or condition dogs, collars, leashes, chains, and other devices used to exercise or restrain fighting dogs: wooden sticks or handles used to pry open dogs jaws, magazines, photographs, film videotapes or writing that depict or promote dog fighting or training or conditioning of dogs for dog fighting. Any still cameras, movie or video cameras used to record dog fighting activity. All portable carrying casesand pens, antibiotics, drugs, or vitamins used to treat injured dogs or to enhance their performance. Needles and syringes used for the administration of such drugs, suture kits and other veterinary supplies, weapons, handguns, shotguns, or rifles used to protect the premises upon which illegal dog fighting occurs. Computers and computer diskettes or other removable media containing information related to dog fighting, registration papers or other written materials showing ownership of pit bull dogs or other fighting dogs, including bills of sale, pedigrees, breeding records, and veterinary records, any dog fighting records including name and telephone number lists of persons suspected of being dogfighters, any awards, trophies, plaques or ribbons promoting or relating to dog fighting; any constructed enclosures or components of any pits or arenas used for the purpose of dog fighting or training dogs for fighting, any carpeting or other materials used on the floorof such pits, weight scales, any washtubs, buckets, pails, and sponges used to wash dogs, any rules, contracts, or other written agreements concerning the fighting of dogs.

• Electronic storage devices to include but not limited to PDA’s, CD’s, DVD’s jump/zip drives, computer hard drives and contents of their memory, cell phones and contents of their memory. Also check stock and computer software, including electronic mail and instant messaging that would be contained on a computer hard drive and that could be used for the furtherance of dog fighting or show financial loss or gain in the business of dog fighting.

• Any gun safes, lock boxes, safety boxes, safes, filing cabinets, or any locked cabinet or receptacle.• Any indicia of occupancy, residency or any local ownership of the residence or premises described above including but not

limited to utility and/or telephone bills, cancelled envelopes and keys.• Any and all records and documents intended for or indicating gambling activities including any cash or other things of value

intended to be used for gambling purposes.••

Make sure you don’t have any

Suppression issues

This is a Paraphernalia Case/Hobbyist Level.

This is an example of the links we see to drugs and guns: In our hypo, the police also find drug paraphernalia and several weapons.Links:LarcenyNarcotics (human and animal use)AlcoholGamblingFirearmsMalicious wounding & assaultsChild neglect/endangermentHomicide/RapeVice crimes (humans and animals)Tax law violationsVeterinary medicine

Educate your drug and gang units on this: Numerous cases recently b/c of drug/gun connection…. Luckily the officers recognized the dogfighting issue—but if not trained… they could easily just ignore dogfighting. They don’t always know what they are looking at-evidence hiding in plain sight.

This is a Paraphernalia Case/Hobbyist Level.

This is an example of the links we see to drugs and gunsLinks:LarcenyNarcotics (human and animal use)AlcoholGamblingFirearmsMalicious wounding & assaultsChild neglect/endangermentHomicide/RapeVice crimes (humans and animals)Tax law violationsVeterinary medicine

Educate your drug and gang units on this: Numerous cases recently b/c of drug/gun connection…. Luckily the officers reached on the dog issue—but if not trained… they could easily just ignore dogfighting. They don’t always know what they are looking at-evidence hiding in plain sight.

What kind of dogfighter is Kyle?

– Professionals/Organized

– Hobbyists or Dabblers

– Street fighters

Who are you calling to the stand?

– Officer/Officers who bagged the

evidence

– Veterinarian

– Dogfighting expert (Vet may fit

this role too)

DOGS themselves are EVIDENCEDon’t ever forget that.

Your VET will be integralOur hypo-dogs have wounds and scars and

varied body conditionsEach dog should be testified to by your vet. You will want to detail all scars and anything

else relevantConditions: weight of chain, where they were chained, how they were chained…

Chained for a variety of reasons: convenience, dog aggression because they

were being trained to fightDogs are evidence so go through that first in

direct testimony Then go through other evidence:

paraphernalia

Inventory of the dogs

Go through each dog

Scar chart : red ink for fresh, another

color for old

Repetition is necessary-Talk about scars on each dog

If no scars, talk about condition they were living in.

Talk about the training-pen on the propertyIf Puppies, no scarring but training to be in

pitIn our hypo: The dogs chained up outside have variable body condition scores with visible scars and wounds so you are going

through each scar and wound and your vet is going to testify how that is consistent with

dogfighting and not consistent with a ‘dustup’ between dogs.

Get expert to talk about why this is indicative of dogfighting: Police found 6 pit-bull type dogs chained to buried axles with blue container housing

Why scaring is indicative of dogfighting.

Scars to face, chest and go front paws

Fresh v. OldWhy dogfighting is

cruel:The conditions they

live in 24/7The fight itself

No pain meds and no vet care

You have to have experts to proof a Paraphernalia case:Vet for the Dogs exams and to talk about steroids/vet meds you find.Dogfighting expert to Identify the paraphernalia.

Questions for Vet Expert– if a novice… make sure you highlight how much training she has had… Dr. Collins-took the UF course and some other training on blood sports.Then talk about how long they have been a vet…

Who?Occupation?How long?Previous employment if neededWhat kind of training have they had?How many times they have been qualified in State Courts? Vet medicine or animal fighting?Where?

At the exterior of the residence, the police notice in the back yard some scales, heavy chains attached to a collar, bloody and chewed sticks and boards.

NameEducationSpecialized training as it related to animal

cruelty?Specialized training as it related to dog

fighting?Positions related to the proper care of animalsCurrent position?How long?Ever testified as an expert on animal cruelty?Ever testified as an expert on dog fighting?Move to have him testify as an expert on

animal cruelty and dog fighting

Qualifying your Dogfighting Expert

Familiar with the charges against the defendant in the present case?What is dog fighting?Is it normally a money making venture?Are there different levels of dog fighters?Can evidence regarding dog fighting be

separated into different categories?

The meat of the testimonyEducate the Judge

Evidence regarding dog fighting should be separated into different categories

1) Dog Inventory

Special Type

Dogs with wounds consistent with dog fighting

2)Medical supplies and strength enhancers

3)Illegal Dog Fighting Journals, Publications or Books ---

4) Bloodline or Pedigree Books

5) Dog Fighting Training Equipment, tools and paraphernalia

Paraphernalia falls into

categories

With reference to category 1, what evidence found at Defendant’s home fits into the Dog Inventory for dog fighting--- you are going to ask the Dogfighting expert about the dogs too (not just the vet)

What specific dogs are normally used for dog fighting?

Did you get an opportunity to look at the pictures of the dogs taken from the property? What did you notice about the dogs, which was consistent with dog fighting? (Injuries 10out of 19 dogs)

Show expert two pictures of dogs with fresh wounds. What is the significance, if any of finding dogs with fresh wounds?

What is the significance of finding dogs with old wounds?

Would you expect to find all the dogs possessed by a dog fighter to have injuries, why or why not?

DOGS

With reference to category 2, what evidence if any that was found at Defendant’s home fits into the Medical Supplies and Strength Enhancer’s category?

What is the significance of the quantity and type of medical supplies found in Defendant’s home?

Why do dog fighters maintain a quantity of medical supplies?

Do they always use medical supplies that are recommended for dogs?

What is the significance, if any, or finding strength enhancing drugs and or vitamins at a dog fighter’s residence?

Is it out of the ordinary for dog fighters to give strength enhancers for humans to dogs?

Medical supplies

Provides an immediate source of energy in conditions associated with carbohydrate in- sufficiency

At the scene there are pain killers, anabolic steroids, supplements, vial of antibiotics, vials of liquid without a label, and syringes and wound bandaging material: Have either you vet expert or dogfighting expert explain what they are used for: after care for the dogs to patch them up.

A synthetic adrenocortical

steroid

With reference to category 3, describe how some of the evidence fits into the Dog Fighting Journal Manuals and publications category.

How do you get these magazines?

Do dog fighters often own kennels?

Are you familiar with the Kennel name “___________”?

Are you familiar with Defendant’s Kennel name in 2014?

Do you see any reference to ________ Kennels in the documents confiscated from Defendant’s home in December 2014?

What is a Keep?

Did you find any evidence consistent with this type of document?

In your professional opinion, are these documents a Keep?

What would be the relationship to having Dog Fighting Journals and a Keep? (The journals and books inform the dog fighter on how to train the dogs and the keep is used to keep track of the training that is consistent with what is recommended in the journals.)

Journals

&

Publications

With reference to category 4, what evidence did you examine that is consistent with Bloodline and Pedigree Papers?

What is a champion in the dog fighting terminology?Did you find any reference to _______ Kennels having champions?ABDA and Bona Fide

In our hypo, you will want your computer forensic officer to look for theses types of documents to see if you have anything that matches. Make sure you alert them to look for these documents or look through their report for it.

Blood lines documentationPedigrees and Breed certificates

With reference to category 5, what evidence that you examined, fell into dog fighting training tools and paraphernalia?

Bite StickLarge CollarsFlirt PoleRape StandTreadmillsCarpet Mills

Based on your experience what is the likelihood of a dog trainer who simply wanted strong animals having all these tools?

Equipment

At the exterior of the residence, the police notice in the back yard some scales. Ask your expert to explain the scales: before a fight, a dog is weighed to make sure it is at the fight weight agreed upon.

At the exterior of the residence, the police notice in the back yard heavy chains attached to a collar. Expert will explain the weighted collar to build up strength/more muscle at neck.

In our hypo, we have bloody and chewed sticks and boards. You want your expert to talk about how a bite stick is used…to pry open their jaws so they will release from the other dog. Bite sticks are not used recreationally.

In our hypo, we have bloody and chewed boards. You will want your expert to talk about these makeshift pits that are put up at a moment’s notice so that they can fight the dogs and elude the police.

The veterinarian will consult with blood stain expert for analysis. Draw this

out in testimony if it pans out.

While at the scene, officers find an iPhone, iPad, and digital camera, however the iPhone and iPad are locked and they were unable to access the contents.

One more expert: Computer/phone Forensic Expert

Think about how best to get this into evidenceDoes your state allow the hearsay to come into evidence:Will you judge only allow Kyle Jeffries’ statements and maybe the text in response or the text beforeFigure out how best to present itWill you read it into evidence.

Use as many experts as your case needs-don’t skimp!

• Based on your professional opinion after having an opportunity to see and hear all the evidence presented by the commonwealth, was this evidence consistent or inconsistent with dog fighting?

Dogfighting is a highly organized crime:High levels of coordinationPlanningCovert activity designed to evade law enforcement.

The Industry is built on large sums of money from:Illegal GamblingBreeding to fill the void from animal that are killed or executed following fights.

Level of organization is on par with major drug trafficking or other organized crime which is viewed more seriously in the U.S.

Often by investigating the animal fighting operation, we take out the largest drug dealer in that community:Our hypo reflects that.. Drugs and guns=always!

Defense: Weight pulling Combat: Was there any weights and a harness like the one belowNothing but dogfighting paraphernalia, then you are not a weight puller.

If they bring an expert in that, put him on your list to investigate.

Michelle Welch

Senior Assistant Attorney

General

Director of the Animal

Law Unit

Virginia Attorney

General’s Office

804-225-4776 work

804-339-9583 cell

mwelch@oag.state.va.us