|
Part 3
DA: Circumstantial evidence is allowed.
ME: Thinking to myself, she just helped blow her own case. Circumstantial evidence is not allowed in misdemeanors and they had no evidence.
DA: Ms. Snedigar’s dogs packed up and were viciously barking and surrounding cars coming down her street; the Animal control officer testified that one of the dogs bit her boot and there is enough reason to believe that her dogs did this.
ME: Well this happened about 3/8 of a mile from where Mr. P was standing. He had to get into his truck to try to get to his dog which he said was very hard because where his dog was there was no road. Mr. P testified that his dog weighs about 70lbs. The Animal Countrol Officer said she thought his dog weighed between 65 and 70lbs. Mr. P said he thought the dogs that attacked his dog weighed between 70 – 100lbs. And the Animal Control Officer said she thought my dogs weighed between 35-45lbs. There is a mighty big difference there. I rest.
DA: There is plenty of evidence that her dogs did this because the animal control officer said she was not good at judging the weight of dogs.
Judge: OK we will take a 10 minute break while I go back and review this. (Translation I am going to read her Motion to Strike again and the Notice and Demand for discovery.)
Judge: Well I have reviewed this case and what was presented. These kinds of cases are very hard to prove. If I was in a bar and I was told this story I would say yes those dogs definently killed your dog. But we are not in a bar, and I have to go by the facts and the testimony that has been presented and I am sorry but there is just not enough evidence that proves beyond a reasonable doubt that Ms. Snedigar’s dogs killed Mr. P’s dog. The deciding factor is that Mr. P testified that the dogs that killed his dog weighed between 70 and 100lbs. The animal Control officer testified that she observed Ms. Snedigar’s dogs weigh between 30 to 50lbs. I am sorry but the gap is just too wide and I cannot connect the two together. Therefore I find Ms. Snedigar not guilty.
These cases are very hard to prove and people will say that my dogs would never do this. Even when they see it on video tape they can’t believe there dogs are doing this. However there is reasonable doubt that Ms. Snedigar’s dogs did not kill this dog and the state failed to prove it’s case.
And that is pretty much the whole thing. There maybe be a few details I missed, but the jest of what happened is here. Also I believe Mr. P's opinion changed about me and when it was all over and we were outside my friend said why don't you have him over to see your dogs? He said coffee one morning and out his hand out to me. I said you betcha any time and shook his hand. I also gave him heads up about the most likely perpatrator is and where to look for them. And we told him about the black wolf that gets out and my friend said yes they travel very far and have been to my house and I live about 50 miles from you in Patrick Nevada.
It was all good in the end.
Kitchie
|