rockin'robin
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An Ohio appeals court has rejected an Ohio prisoner’s claim that the wagging tail of a dog brought into an Akron courtroom to put a young victim at ease swayed the jury in the case.
Avery II — a Labrador-golden retriever mix — usually finds himself on the other side of the bench in the witness stand, nestled next to victims of crime who have to testify in the Summit County Courthouse.
But Green resident Michael Jacobs, who was convicted in 2014 and is serving a four-year prison sentence for having sex with a minor and corrupting another with drugs, appealed his conviction to 9th District Court of Appeals, arguing that Avery II was a distraction in the courtroom.
The appeal and subsequent ruling in favor of the four-legged county worker is considered historic in Ohio because it is the first time a state appeals court has heard a case challenging the use of therapy dogs during a trial.
Prosecutors countered that Avery II sat at the child’s feet and was out of the line of sight of jurors during the victim’s testimony.
The appeal court ruled that it is within the discretion of the judge to allow “a variety of special allowances for child victims of sexual abuse” who have to testify during a trial, and that could include a companion dog during the child’s testimony under certain circumstances.
Summit County Prosecutor Sherri Bevan Walsh applauded the ruling.
“One of my main objectives as Summit County prosecutor is to fight for the rights of victims, especially children. Avery plays a vital role in how my office focuses on the needs of crime victims,” Walsh said in a news release.
“Court can be a very intimidating and stressful place, and we work hard to make sure crime victims are not victimized a second time. Children can be especially fearful when describing a traumatic situation in front of a full courtroom, as well as the person accused of doing these horrific things. Avery eases that stress and makes the whole process easier to handle, and helps us get the truth out.”
Avery II, at just the age of 4, is already courthouse veteran — in dog years or not.
Since the county acquired Avery II in August 2013 from Canine Companions for Independence, the dog has provided emotional support to adults with developmental disabilities and children who are victims of crime. He has already had a paw in 77 cases.
http://www.ohio.com/news/break-news...ged-canine-s-presence-in-akron-trial-1.634309
Avery II — a Labrador-golden retriever mix — usually finds himself on the other side of the bench in the witness stand, nestled next to victims of crime who have to testify in the Summit County Courthouse.
But Green resident Michael Jacobs, who was convicted in 2014 and is serving a four-year prison sentence for having sex with a minor and corrupting another with drugs, appealed his conviction to 9th District Court of Appeals, arguing that Avery II was a distraction in the courtroom.
The appeal and subsequent ruling in favor of the four-legged county worker is considered historic in Ohio because it is the first time a state appeals court has heard a case challenging the use of therapy dogs during a trial.
Prosecutors countered that Avery II sat at the child’s feet and was out of the line of sight of jurors during the victim’s testimony.
The appeal court ruled that it is within the discretion of the judge to allow “a variety of special allowances for child victims of sexual abuse” who have to testify during a trial, and that could include a companion dog during the child’s testimony under certain circumstances.
Summit County Prosecutor Sherri Bevan Walsh applauded the ruling.
“One of my main objectives as Summit County prosecutor is to fight for the rights of victims, especially children. Avery plays a vital role in how my office focuses on the needs of crime victims,” Walsh said in a news release.
“Court can be a very intimidating and stressful place, and we work hard to make sure crime victims are not victimized a second time. Children can be especially fearful when describing a traumatic situation in front of a full courtroom, as well as the person accused of doing these horrific things. Avery eases that stress and makes the whole process easier to handle, and helps us get the truth out.”
Avery II, at just the age of 4, is already courthouse veteran — in dog years or not.
Since the county acquired Avery II in August 2013 from Canine Companions for Independence, the dog has provided emotional support to adults with developmental disabilities and children who are victims of crime. He has already had a paw in 77 cases.
http://www.ohio.com/news/break-news...ged-canine-s-presence-in-akron-trial-1.634309
