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Citizen-
I feel very bad for this guy too. He was used by some of my neighbors to get at me. He waited 4 days to report it, and relied on second hand information rather than check it out for himself. Now he has no chance of getting the real culprit who has a serious complaint against his dogs already. ACO should have know this.
About establishing the dogs going to my house...that is a far cry from seeing the dogs AT my house. I have dogs, coyotes, cows, wild horses, antelope, deer bunnies mice snakes all going to my property. Some of these criters actually get here.
AS to your "concern" Justice you are way off the mark. About the discription of the dogs, read the ACO and Mr. P statements. They cannot comfirm each other because I envoked the exclusionary rule so they couldn't hear each others testimony and she didn't see it happen.
So here it is again briefly.
Mr. P testified the dogs that killed his dog were 70 to 100lbs. One all black with ears that stood straight up. My dogs are between 38 and 45 lbs and have ears that flop over. My dogs the ACO testified are 35-50lbs. She came to my property. Mr. P didn't. Mr. P never saw the dogs that killed his dogs on my property.
His dog was a healty 8 yr old chesapeek. My dogs are Border Collie and Kelpie. My dogs don't have the strength to break his dogs neck. My dogs would attack the hind end not the throat. That's in their breeding. Shepards, dobbies, rotwiler etc attack the throat. Coyotes also have a trade mark of going for the throat. I live in the Third Rural Conservation District and it is open range. The coyotes are the most that have been in my area in the last 20 years.
I feel very happy about the outcome. I am elated that the judge had to be honest after he had already screwed up so bad. Would you expect me to go down just because this poor guy thinks he saw my dogs? Would you go down for that? Because someone THINKS they are your dogs and that someone is relying on someone elses statements? I think not.
This case was about the process and the evil government. The judge that heard the case interfered with my serving a subpoena the deputy district attorney committed a fraud in the court and twelve other things.
The ACO has been in the business for 17 fricken years I am to believe she can't determine that approximate weight of dogs in her sight?? She testified to that. PLeeease!!
None of this in the record because I didn't testify. There was no need because the ACO vindicated my dogs.
Still elated about my win
Kitchie
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