Duke has lost his latest appeal to reargue his case, according to his attorney, Amy Chaitoff of Smithtown.
For those of you who don't remember, Duke is a 5-year-old pit bull who was ordered to be euthanized in February 2004.
He was deemed a dangerous dog in November 2003 when his owner, Denise Menendez of Hauppauge (pictured here with Duke), failed to attend a hearing about a neighbor's accusations that Duke and her female pit bull had attacked his dogs and horse. (Menendez said her husband went to the wrong court house.)
Menendez did not follow the court's order to keep the dogs penned when outside, and a month later, the neighbor alleged the pit bulls attacked his American bulldog.
Duke has lived at the local munipal shelter -- where all the workers stress how friendly and well-behaved he is -- for more than three years while the legal battle dragged on. His last appeal was recently denied.
In the very near future, those newfound friends might be the ones ordered to put him down.
"Our only other course of action is to go to the Appellate division," says Chaitoff, who will do that Monday morning.
Duke's friends and supporters have not given up the fight; stay tuned for more details on how you can help.

Comments (131)
There is too much bad news today.
Oh this is just too sad.
I don't friggin believe this.....what in the hell is going on ----- did the judge even read or listen to our emails and faxes????? Did he even listen to the shelter people??? We have got to do something. Anybody know what we can do?
Kathy - It looks like everyone was talking to a brick wall, deaf ears or some such thing. I had really thought that sooner or later, the court would have realized how ridiculous this was.
I hope they appeal like it says and that someone there listens and has a heart. Shoot - I'd settle now for him being the shelter mascot - anything but putting him down.
That makes me soooo sick. Whats wrong with this picture? I sent tons of mail, pictures of Duke with his family, kids, you name it......I'm disgusted with the courts..What kind of people would do a thing like that after Duke has been checked for temperment, he never did one thing even when his food was taken from him. He has been nothing but a perfect dog..His problem is the bit "P" word, PIT..crapola, I can't believe this............
this is from the saveduke.com website:
3\27\07 In August we motioned the Appellate term to reargue and/or leave to the Appellate division.
In February our motion to reargue was granted, but they used the same paperwork that we submitted
as our rearguement. We lost. The Court based its decision on a case law that had to do with repeat offender.
Again the wrong law. We have motioned the court again to reargue and/or appeal to the Appellate division.
The respondent did not respond to our motion and we are waiting for a decision. In the mean time a stay is in place.
Ditto, Kathy.
Duke's petition has 3850 signatures - (it let sign it again)- I can't believe that made no difference.
that should have said it let me sign it again - I'm so upset I can't even type
I wonder how much of this denial was based on politics? It's my understanding that councilman Peter Vallone Jr. is reinstating his bill to ban pit bulls in NYC.
Let's hope the Appellate court will overrule and Duke will be reunited with his home and family. Let's also hope it can get on the court's calendar in a timely manner, it's ridiculous how long this dog has been in "jail".
I just wrote this regarding pit bulls on the other thread not realizing everyone had moved, thus I'll recopy it here:
Breed discrimination is indeed atrocious. There was an article in the AKC Gazette a few years ago about a brindle boxer that got loose in CT. and some idiot called the police claiming a wild pit bull was roaming the neighborhood. The police came along and shot the dog on the spot just as rescuers were arriving. The dog was JUST roaming, probably trying to figure out how to get back home. Poor thing was a beloved family pet, there was no reason for such a harsh mindless overreaction.
Breed specific ordinances begin on a very local level. All it takes is someone with an ax to grind to go to the town hall to start the ball rolling, then as one town enacts a ban, others start following and next thing you know eventually the whole state does likewise. That's why it's important to keep abreast of what is going on in your local communities. This way you can nip this garbage in the bud before it escalates.
The pit bull ban that has happened in Ontario has also recently occurred in Denver and it can happen in NYC if councilman Peter Vallone Jr. gets his way. So my advice is to keep on top of this situation and make sure our voices are heard.
BTW: Many insurance companies are also refusing to issue policies to homeowners who have specific breeds and you'd be amazed at some of the breeds on those lists!
DKM - can you list any particular dog breeds regarding homeowners and insurance policies?
I'm just curious for my own personal reasons.
The lists vary from company to company, here's the most common breeds found on many of them:
Akita
Alaskan Malamute
Boxer
Chow Chow
Doberman Pinscher
German Shepherd
Great Dane
Huskies
Mastiff's (all are lumped into one breed category by most insurance co's.)
Pit Bull Terrier "Type" (Including American Staffordshire, American Bull Terrier also know as the Target Dog etc.) All of these terrier "type" dogs are lumped into the same breed category by many insurance companies.
Presa Canarios
Rottweiler
St. Bernard
Wolf or Wolf Hybrid
What's so assinine about this is that any cop or detective will tell you that most home break in burglaries, vandalism and acts of rape and murder occur in homes without a dog!
Here's a good link regarding homeowners fighting insurance companies for denying policies due to breed specific discrimination:
http://www.realestatejournal.com/buysell/taxesandinsurance/20060605-mcqueen.html
THE COURTS STINKS!! I NEVER DID TRUSTED ANY OF THEM (THE COURTS AND JUDGES AND THE LAWYERS!!) THEY ONLY CARED ABOUT IS...MONEY, MONEY!!
Wait a minute: So this woman shows total contempt for the law by:
1. not bothering to show up to court.
2. not following a court order to keep her dog on her own property.
And she's surprised by the judge's decision? She brought this on herself. You people can talk all day long about how great and wonderful pitbulls are, but when is the last time a pack of golden retrievers ripped apart some kid? They are dangerous and shouldn't be running around loose ever. They're awful dogs and I hope they are banned entirely.
My GOLDEN RETRIEVERS aren't like that! They are VERY LOVABLE FURRY ANIMALS!!
I'm sure the pitbulls are also good but more trainable.
Goldens aren't THAT DANGEROUS UNLESS they suffered from the rabies!
There have been many dog attacks by other dogs and plain mutts, It's how the dogs are raised and trained. If you have a dog that can be agressive you don't train it to be an attack dog. Many pit bulls are as lovable as soft cuddly cocker spaniel and there are cocker spaniels that will bit you. How can anyone pick on a certain breed. My little chihuahuas have to be watched around other people. A pit bull should not be judged because he is a pit bull.
I disagree, I have know some wonderful pitbulls. My neighbor was attacked by an ankle nipping chihuahua. I know someone who had a golden that nipped children and had to be rehomed. There are good and bad individuals of every breed. I am hoping there is something that can be done to help Duke. If anyone has knowledge or info of what we can do to help at this point, please post it.
Well, anyone can train or not to train the dogs of any kinds of the breeds. That depends on those dogs that can be trainable or not. The dogs of any kinds of the breeds are depends on the humans to teach them.
Anyone who disagreed or agreed with me. I wouldn't be so upset but that's HOW the humans have to TEACH OR TRAIN them be it the pitbull, German Shepherd, collie or whatever the breeds the dogs are.
Exact;y what I meant, Katherine and Paula. It's the human not the dog.
Charly - you sound about as biased as the idiots that are making the banning laws. Ignorance is not a reason to ban a certain breed of dog.
Charly, or whoever you are, you don't know squat! If you read about the case you'd know the husband showed up at court, wrong building..The dog stayed on his property AFTER the episode. I hope you're banned from this chat. You obviously are a doom and gloom person and I can guess who you are.
Paula, any dog can be bad, if thats what your calling Duke. what do you mean, "I'm sure pitbulls are good, but more trainable"...what does that mean? I've SEEN a Golden that bit...YOu're wrong!Wahts the crazy thing about "unless they suffer from rabies"?????Read what you wrote. Its stupid!I DISAGREE WITH YOU!
P.S. There was no proof that Duke bit the neighbors dog. Again, the word PIT is the problem.
Paula, I choose not to agreed with you!
Madison Update - We are not "out of the woods" yet it seems. Madison seems to have had a setback today. Thanks for all the prayers and candles.
------------------------
March 30 - hospital update
This entry was posted on Friday, March 30, 2007 10:41 PM and is filed under uncategorized.
Thank you everyone who has been praying for Madison during these past few days. I appreciate all the well wishes and thank you to Kathleen for keeping everyone updated. Indeed today Madison was moved to a regular room. She had been very happy and was doing well. Today, after we moved her she started crying a lot again. It wasn't the scream out in pain cry she was doing before, but she's definitely not feeling well. She continues to have trouble with her feedings. I honestly don't get this because we have been feeding her the same way for 10 months and she's never had a problem. Now, all of a sudden, she still has a lot of stuff in her stomach when it's time for her next feeding. When that happens, we have to hold the next feeding because it's too much in her stomach. This is not good because she's losing weight as it is so missing meals is not an option. Currently, they have her on continuous feeds in the hospital. That's fine for now, but we cannot do that at home because she goes to therapy and school and doctor's visits and wouldn't be able to be hooked up to a feeding constantly. I just don't understand why this is happening and why she keeps crying today. I wish I knew what was causing it. I'm hoping it is indeed a virus and this will pass. Please pray that this resolves and she is back to herself soon! Oh, also the neurologist did lower the seizure medicine to see if that would help with the sleepiness. When he checked her levels, they were on the high side so it should be fine to lower. I just have to pray that she doesn't start having seizures.
Father God...I am at your mercy. I am weak. I cry and I mourn and although I know you are in control, the human that I am cannot help but worry. Please Lord give me the strength to trust that you will take care of Madison. Help me to have faith in the unseen and not dwell on what I see before me right now. I know I am a sinner and not worthy, but I am forever your servant. Thank you for blessing us with Madison. Never let me take for granted how much of a blessing she is. I continue to pray for complete healing. In your son's name, Jesus Christ. Amen!
Posted by Betty and Michael. Blessed be the Lord, the God of Abraham, Isaac and Jacob. 'HOLY IS HE!"
Psalm 72:18-19
Blessed be the Lord God, the God of Israel, who only does wonderous things. And blessed be His glorious name forever; and let the whole earth be filled with His Glory. Amen and Amen
Good morning Daddy God. Thank you for bringing Hope home safe and sound. Another treasure brought forth from your hand. Thank you for healing Emma. Such joy fills our hearts when we see the work of your hands. We praise you!! Our hearts are broken over Duke Daddy. Please show us what to do. Give us the right words to say that will cause this to turn around in Duke's favor. Duke is not the one at fault Daddy. He is innocent. Spare his life and let him live the life you so freely gave him. In Jesus's Name. Daddy, Madison needs your help. Please touch her Jesus and bring her into glorious health. Bring Sharon back to perfect health Daddy. We stand in faith together Daddy and we will not be moved. We stand strong in you and in your word. Please flood our lives with your power and glory. Bring little Vivi home Daddy. Make our hearts to sing and our spirits to dance before you in praise and laughter and joy. Only you can fill our hearts with happiness. Only you. In Jesus's Name we pray.
Luke 15:4
What man of you having a hundred sheep, if he lose one of them, does not leave the ninety and nine in the wilderness; and go after that which is lost until he find it?
Daddy God, continue to speak to and lead all we have brought to your throne to the safety and love of home with their families. Help us to find them Daddy God. Vivi, Biggie, Sniffles, Rags, Faithful, Little Aussie, Mommy, Daddy and Baby Girl pup, Apple Riley, Holly, (bring her out of the desert to safety) , Precious Hosanna, Buddy, Annie, African Grey, Patterson, pointer, Jack Russel, Grey Tabby, Bowdee, Yorkie, Shimi, the cemetary strays Buttons , Black Afghan Hound, Lola, Vern, Zoey, Saffie, Axel, Brewster, Hopey, Max, and Missy. Bring them home to their families filled with love, joy and warmth.
Isaiah 53:4-5
Surely He has borne our griefs and carried our sorrows; yet we did esteem Him stricken, smitten of God, and afflicted. But He was wounded for our transgressions, He was bruised for our iniquities; the chastisement of our peace was upon Him, and with His stripes, we are healed.
Holy Jesus, continue to touch our little ones with your precious healing power, CJ, Dante, Felice, Max, Little McGee, Murphy, Mylie, Barbaro, Gunner, Linus, Kiva, Ellie,(restore all that had to be taken), Morgan, Little Andi, Nicki, Dude, Brandy, Tucker, Lexie, Isabella,Twin Kittens, Bowen, Heather, Doogie, Clarus, Prince, Star, Skeeter, Scout, Tigger , Ezmeralda, New Foundland, Tank , Billy, Lilly, Auggie, Sparky, Meeko, Barney. Joey, Skittles, Zoey, Diva, Merlin, Magic, Briar, Fluffy, Cubby, Awmee, injured bird, Trevor, little Rachael who has stomach upsets like little McGee used to have before you touched him, Piper, Winnie, Mercy ,Rocket Spit McGee, Scrappy, Jethro and Emma. Continue your miraculous healing grace in our brothers and sisters, Madison, Gina, Baby Girl, JL, Lance, Pam, Chris, Pat, Jacque, Darlene, Kim, BJ, Rose, Mary Ann, Kathleen, Abby, Renee, Renee's uncle and cousin, Lois, Gail T. Button's owner, Joyce, Gail's mom, Julie, Sabina, Kathy, Amanda, Ann, Pam, Chrissy Sharon's dear friend, Jill, little Rachael, Irene, Sharon's mom, Cindy, Tara an Tommy. Continue to protect beloved Israel and America as they battle terrorism to keep us free. Shelter them and give them victory. Protect the innocent and lead them to safety and provision. We pray for the peace of Jerusalem. Bring justice for Otis, Otto, and Boxer Puppy. Bring Freedom and deliverance for Duke. Give them righteous Judges who will honor your creatures Daddy God and bring Duke home to his mommy where he is meant to be. Help us to raise all the funds that are needed, for you are our provider. Help those who are looking for employment to find the place you want their light to shine. Increase and bless them Daddy. Fill our lives with your glory as we work and watch for your Son Jesus, our Savior. Flood this earth with your glory and power for all to see. Bring Vivi home Daddy God. Let this be the day Daddy God....Let this be the day INDEED...In Jesus's Name we pray....Amen
Give the Lord your eyes and He will help you to see, give the Lord your ears and he will cause you to hear, give the Lord your heart and He will give you abundant life....Betty
Awww Ruby, I don't think Paula was disrespecting Duke at all and she felt that Charly, in her post, meant that Goldens were also vicious. Paula was just protecting her Sadie's breed, who is a Golden. That's all.
Harsh words FOR a woman who is a loyal Vivi blogger and a true animal person FROM a loyal Vivi blogger and a true animal person.
Prayers for Princess Madison and her family. Hopefully today will bring some good new for Madison. Thank you, Kathleen, for keeping us posted on this little darling.
I cannot believe this about Duke. His sweet disposition, after all this time in "jail", should be testament enough for the judge to overturn his sentance and send Duke home. There seems to be no justice in that court with that judge.
RUBY: If you diagreed with me that's fine, it's free of opinions. But what I was saying was the HUMANS are responsible to the pets, any kinds of dogs! I do wanted Duke to be out of the "jail", he doesn't deserved that kinds of treatments!
That's what I was talking about.
CHARLY: whomever the person is I don't think you really understands the kinds of the Goldens, do you?? Did you EVER OWNS the Goldens dogs. Last time I heard (I'm deaf you know?) the Goldens hurt the kids...where was it if I did have known I would know the Goldens can be capable of anything.
Sadie is sooo mellow and very ornery, she absolutely LOVES KIDS ,especially my niece, Brittany!
MILA--HELLO THERE!! Thanks for standing up for me.
It's good to see you there on the blog. :-)
Mila, I never took it as Paula "disrespecting Duke", she told me what she thought and I returned with my thoughts. Nothing HARSH was meant if it sounded that way.I think Paula's post was fine and I respect her thoughts and she should mine..YOu are totally misunderstanding me Mila..I odn't think theres any need to "stand up" for Paula, I think she can hold her own..........It's been said, its hard to get across your thoughts when you're typing them.....I hope you understand.
RUBY-- That is true, how hard you tried to type in the real meanings of words but couldn't. It did sounds like alot of many meanings in what the person is trying to saying!
No hard feelings, it is just that...how to put in the RIGHT WORDS in!! :-)
You people can talk all day long about how great and wonderful pitbulls are, but when is the last time a pack of golden retrievers ripped apart some kid? They are dangerous and shouldn't be running around loose ever. They're awful dogs and I hope they are banned entirely.
Posted by: Charly Tobin | March 30, 2007 at 07:46 PM
Just because I feel like banging my head on a wall today.
Charly meant pitbulls are mean and Goldens are NOT mean---Pitbulls are mean and shouldn't be running around loose-----MY reply to Charly, no dog should be running around loose period---for their safety.
As for the ladies, I need to take a rest before I try to tell you what they meant. sigh
Oh perhaps I should add, I don't think any dog is mean :p
Marther, go rest, stop banging your head, it's not worth it, you'll only be misunderstood......(0:
Paws for Life received this email today - can anyone help? Spalding County Animal Shelter - Griffin, GA
Hi all,
I knew it wouldn't be so easy today. Apparently a woman called Animal control about a dog who had just given birth near her house yesterday. She told them all the puppies had died, and mom was thin and underweight.
I am attaching a picture of this girl. Please keep in mind that she is not urgent today, but because of her physical condition, we want to get her out of animal control TODAY! She runs the risk of mastitis because she is unable to nurse and we don't know what if any complications arose with her pregnancy. This girl really needs to see a vet.
We could use help with a few things:
1) Sponsorship- anybody willing to donate a little bit to help this girl get out today, please let me know.
2) Finding rescue-please post for her
3) If anyone knows of a litter of pups whose mother died or was not found with them, please let us know. We can have her nurse the pups, which is beneficial to both mom and pups.
Contact: Jayne glaserjm@aol.com
Thanks
Jayne
http://home.comcast.net/~jilldh/HeartMom.jpg
Yeah Marther...No dog should be running around loose period. My neighbors have a yellow lab/golden mix that they let loose all the time. That dog does not like Mabel and therefore does not like me. It will come after me if it's running loose when I'm outside. Two nights ago I came across it several blocks away. It came up to this lady who was walking her little fur baby. She had to carry her dog home because the lab wouldn't leave her alone. I stopped to help her because if that lab had jumped on her, her dog would have been lunch. I do not like that dog.
The problem is not the fact that the judge who recently ruled against a new trial thinks Duke is vicious, it is vacating a decision and allowing another trial without a good enough reason.
Yes, Duke was studied by an animal behaviorist and has positive character witnesses of the people who work with him at the shelter. I am sure the judge read all the letters and he knows all this. However, according to law, this evidence of Duke's good character actually does not exist because it was not presented at his original trial as his owners were no shows. He cannot even go by our letters because the issue is not whether Duke is vicious, but whether there is good enough reason to allow another trial.
The problem is the owners did not show up at the original trial. If a party does not show up, trials are allowed to go on and the opposing party gets to present all their evidence. Since their evidence goes unchallenged, they usually win.
It is very hard to reverse a decision once it happens this way because WHEN YOU ARE SUPPOSED TO GO TO COURT YOU HAD BETTER BE THERE or you had better send a lawyer in your place to explain why you are not there or you had better telephone the court with a proveable emergency.
We don't know what Mr. Menendez did when he showed up at the wrong courthouse. Did he show the paper to someone there and find out where he was supposed to be and ask them to call the correct court and explain where he was OR did he just walk around and look at the courtroom calendars and not seeing his name, left? That makes a big difference.
Judges are loathe to change these decisions and order new trials because it would set a precedent of people not showing up and getting away with it. If it were easy to vacate judgements for no shows can you imagine how many people would wake up in the morning and decide not to go to court and put it off "for another time?"
At this point, I don't even know if Duke has hope of being adopted out from under this mess. Remember the case of the bulldog Duke? In that case he was accused along with 2 other dogs of attacking a little boy. The other dogs were put down, but he was saved by a bulldog rescue group. The only reason they could save him was because the owner signed papers turning him over to them. However, that owner went to court every time he was told to, so there was no impediment to bringing in new evidence.
I hope something works out for this Duke!!!
TJill,
The reason that we are basing our numerous arguments on is the fact that they based their decision on the WRONG law. I think thats a good reason so do the many lawyers that we have consulted on the matter. Duke is accused of biting another dog. his penalty is being based on a dangerous dog law that was not in effect yet. A dog on dog attack back in 2003 when this allegedy happened was not included in the dangerous dog law.
We received 2 notices from the court with 2 different days and 2 different courthouses. When my husand went the the one we thought was for that day and time he was told it was the other courthouse. He immediately went to the other court house and arrived by 930 am (or for arguments sake lets say 10) he was told by the court that the case was heard already and that we would get paperwork in the mail. (I went an got a transcript from that hearing...what a joke!)An order came to the house which said to build a pen or keep the dogs indoors. and noted at the end of the order that members of my family showed after the hearing. I chose to keep the dogs indoors. which is what I did anyway. I never left my dogs unattended outdoors.I had no idea that we could reargue that.
We are now taking our argument to the higher court.
Hopefully that works because we dont have many options left.
>>>The reason that we are basing our numerous arguments on is the fact that they based their decision on the WRONG law.
Good strategy, and that's one of the things the higher courts are for ... to correct decisions based on wrong laws.
Too bad Duke was #1 on the calendar that day or you wouldn't be going through all this for so long!
Good luck! When do you estimate a hearing with the higher court? I hope justice prevails in this case!
I honestly dont know the time frame...I will be in touch with Duke's lawyer Monday afternoon..hopefully we will know more then.
Keep your fingers crossed.
I just called the Islip Animal Shelter - the folks who are holding Duke. They have not received any type of word about Duke's fate and that I should contact Public Information.
Can someone please tell me what I can do to save Duke? Obviously letters do not work - but maybe a phone call will?
Also, I will say that there are a lot of folks who have backed Duke (I even donated a bag of Pedigree Dog Food to the shelter for him and his inmates). However, his owner has been very unresponsive to emails, etc. I'm trying not to be critical, but if she wants Duke to come home she needs to update her site, keep people informed and let the public know... contact the media.
One lesson to be learned from Duke's case -- when you get called to court, GET THERE. No excuses - take it seriously. And when you are told to keep your animal penned -- DO IT. Don't risk your animal's life by letting him get loose. Guys, the courts are serious about this "dangerous dog" thing. Even if you don't think the dog is dangerous, don't underestimate what your jurisdiction will do if you don't follow the law.
Okay, I called Islip Animal Shelter and they have no information concerning Duke's fate. They told me to contact Public Information - but I have no idea ho wto do that.
I did contact the Humane Society (via email) as well as an awesome organization BEST FRIENDS... maybe they can help. Maybe if we get enough people on the horn they will think about saving Duke. Maybe even bring Duke to their sanctuary on the west coast?!?! Please do what you can.
BEST FRIENDS is an awesome organization. I've emailed them already. Their website is www.bestfriends.org.
Please, I don't want to see another dog put down for no good reason.
Best to you all.
PS: By the way, read a great book: "WET NOSES AT THE PEARLY GATES". It's self-funded, so you'll have to excuse all the grammatical errors. However, it's a real feel good for those of us who lost our companions and are wondering if we'll see them again.
Susan, Denise and Ruby -
I have hesitated mentioning this for Duke, but maybe by some chance this could be done.
On the newsletter for The Dog Whisperer, I noticed he has several live appearances around California. I was wondering if anyone in California could go to one of these and present Duke's situation to him. He is known for working with aggressive dogs and they surely would listen to him if he verified that Duke was not aggressive. Maybe he could even make Duke one of his pack at his facilities as well to save his life.
My personal opinion is the only way to save Duke will be with someone else. I feel this Judge feels the owner irresponsible for not showing up on time for Court and following the Court orders possibly. He might show more compassion if Duke was to be handled by someone he considered would alleviate any threat and away from this angry neighbor.
I will be happy to forward that Newsletter if anyone in California would like to give it a try. He might be in other areas as well if we check his website.
KathleenS, Duke was evaluated by the same guy who
evaluated, DUKE THE BULLDOG, Jeff something, who's last name I can't remember at this point. The people at the place Duke has been kept for the past years also say he is no threat. Now its up to the attorney and I hope to hell she knows what she's doing. Perhaps you should write to Denise Menendez about what you think?
Once again, its the "P" word. If Duke were a poodle, do you think there would be this much trouble, late to court or not. I'm just wondering how many people it would take to prove that Duke isn't now or wasn't 3 years ago, aggressive..
Ruby - I understand what you are saying, but I am thinking the "P" word also - "publicity." If we could convince this gentleman to take on this project and televise him with his dogs and Duke, maybe we could get enough public opinion to change this Judge's mind.
Just a suggestion. Maybe a dumb one, but offered it anyway.
I think it's a great idea, Kathleen. The Dog Whisperer is so well known and maybe Duke could finally be released from this unfair quarantine.
KathleenS...You suggestion was good, get in touch with Denise Menendez, see what she says.
You know, I would like a legal opinion on something. Beth, maybe you could answer this if you are out there. This is something I have considered since I used to do paralegal work many years ago.
Question: If this Judge and the Courts were to release Duke back to Denise and her family, and if he were to attack the neighbor or their dog (and I realize he has been said to be gentle, but for the legal issue let's just say he did bite someone on the street or kill another dog), wouldn't this neighbor or the other party have grounds for a lawsuit. Wouldn't the party also have a lawsuit against the City, State or County for this situation, as well as Denise and her family, on the grounds they released what was considered a "dangerous" dog back to the owner. I tend to believe the legal release of Duke might put the City, State or County at risk here.
Unfortunately, the reputation of the pitbull does go a long way because of the strength of their jaws if they do turn aggressive - thus why they are used for dog fighting.
Maybe the Courts fear for this legality in the release of Duke. If so, the release out of this area to another person trained with pitbulls might be more accepted by the Court system. Just to save poor Duke's life!
Of course, other dogs can also be aggressive. Look at the pet dog that attacked the lady in France who had the first facial transplant.
Kathleen,
Good comments. That's why it might be in Duke's best interest to be removed from the area altogether... such as Best Friends, etc.
I've emailed Denise numerous times about suggestions, but the response has been very slow.
I think the DOG WHISPERER is a great idea! Actually, I was at his website earlier and it mentioned that banning pit bulls is NOT the answer.
for some reason I cannot post on the blog today - here
is today's call list for those that can call or fax
Call list for Monday, April 2:
HR503
Committee on Energy and Commerce
Jane Harman, CA
Phone: 202-225-8220
Fax: 202-226-7290
Nathan Deal, GA
Phone: 202-225-5211
Fax: 202-225-8272
Barbara Cubin, WY
Phone: 202-225-2311
Fax: 202-225-3057
John Shadegg, AZ
Phone: 202-225-3361
Fax: 202-225-3462
Tammy Baldwin, WI
Phone: 202-225-2906
Fax: 202-225-6942
And please don't forget to call your OWN
representative and senators and urge them to
co-sponsor.
Thanks
Kathy
Kathy D and my Fantastic Five
Baylee, Poppy, Razzie, Bud and Stella
Click daily: http://www.theanimalrescuesite.com
FROM KATHY COLORADO
has anyone in CA. contacted the Dog Whisperer?
Thanks Susan. I have to agree with Cesar also on that. If the pitbulls are banned, they will just pick other breeds to turn into these fighting machines for their greediness.
I wonder how one can get in touch with the right person who works for The Dog Whisperer to look at this issue. It could be a great example for him of his beliefs about pitbulls as well.
Susan - would you mind emailing me the suggestions? i am trying like hell to help her. she is so caught up that she doesn't have alot of time. i will be glad to try anything for that beautiful boy. as for Charley - that was a fake-name post, girls. still trying to rattle our nerves.
That is what I was trying to suggest also Darlene. Trying to get to him would be difficult by phone or e-mail I am sure, but if you could go to the location where he will be in California you might to get to him that way to help.
I'm wondering if any of these might be like book signings and such. Should be easy if that were the case.
I do not know if this will help Duke or not, but I looked up the phone number for the Dog Psychology Center of Cesar's. I have left a message explaining the situation and asked they please return my call.
In case they do, can someone send me the contact info for Denise or whoever would like to talk to them about the specifics of Duke's situation. Thanks.
Here is the phone number in case anyone else wants to give it a try also:
Dog Psychology Center of Los Angeles
Tel: (323) 235-3431
DENISE JUST EMAILED ME - DUKE GOT A STAY!!!!!!!!!
PLEASE, EVERYONE - THANK GOD!!!!
WE NEED HELP IS GETTING HIM OUT NOW. ANYONE KNOW SOME BIG NAMES, ANYTHING???
I e-mailed Rachel Ray. I know she hasn't responded before but I thought I'd give her a try since she has Isaboo who has her own site. I got a reply that they received my e-mail. Have to see if anything happens. Maybe someone can go to the Dog Whisperer signing in CA like that woman did in NY for Vivi.
Kathleen, I agree.
Yeah. Thank God. That is such a relief. Now if we can find someone to speak for him that they will listen to.
That's great, Darlene. Who does Breed All About IT on Animal Planet? I have seen some of the shows but I don't know if there is a certain host. I'll check it out.
Hi Darlene,
I did tell Denise that she needs to get someone to keep that website up and running. When it's outdated, the public forget about it.
First and foremost: keep on that media. It's amazing how responsive people are with a heartbreaking story. Not too long ago there was a story in the Chicago Tribune about a pit bull that was found wandering the streets of NY, weighing probably only 20 pounds. I immediately donated to try and save the poor soul. Unfortunately, the dog passed away - but he did so in his foster parent's arms. I called the shelter and they said the calls they received were overwhelming.
We just have to find a way to show the people that Duke is not dangerous.
As for BEST FRIENDS, I did email them and got a response. Barbara@bestfriends.org indicated she forwarded my concerns on to Best Friends Network Pit Bull Advocate (randib@bestfriends.org). They might get involved or least give some headway.
Celebrities are tough to reach out to, but from what I know, the following are pit bull owners: Michael J. Fox, Alicia Silverstone (who rescued and owns a pit bull), Jessica Alba (good luck!), Jamie Foxx (2 pit bulls), comedian Jon Stewart, author Andrew Vachss, David James Elliot.
Then there's the animal lovers: Jenna Elfman, Betty White, Pamela Anderson, Nicolette Sheridan...
Please, please let me know what I can do.
God bless those little souls!
Before Passover starts tonight, I wanted to wish my fellow bloggers a wonderful Passover and hope you are with family and friends for the Seders. May the holidays bring good news on our lost and ill furry friends. May Duke get his long due freedom. May Madison get better and have that childhood she deserves and all mentioned in the daily prayers regain their health.
I couldnt' find a name with Breed All About It. I'll check again later. Glad that Duke got a stay. How about Oprah or Ellen D?
What Denise, Duke's owner, wrote above:
"The reason that we are basing our numerous arguments on is the fact that they based their decision on the WRONG law. I think thats a good reason so do the many lawyers that we have consulted on the matter. Duke is accused of biting another dog. his penalty is being based on a dangerous dog law that was not in effect yet. A dog on dog attack back in 2003 when this allegedy happened was not included in the dangerous dog law."
*****************
Although we all mean well and we are brainstorming like crazy, nothing is going to happen for Duke until the current ruling is thrown out.
Cesar Milan, celebrities, etc., cannot help. Duke being a canine good citizen cannot help. The ruling has to be thrown out in order to present all this good evidence and good opinions of Duke.
The only thing I can think of that might help the task at hand now is to get a high powered lawyer or big name law firm to assist Duke's current attorney. Do you all remember the animal hospice here on LI called Angel's Gate and how the neighbors were trying to get it shut down? I know we have discussed it here on the AH blog before. Well check this out:
http://www.newsday.com/news/local/longisland/ny-angel03,0,7941505.story?coll=ny-linews-headlines
Note that they have a high powered law firm helping out pro bono: LeBoeuf, Lamb, Greene & MacRae. I am not suggesting this to say that there is anything wrong with what Duke's current attorney is doing, but that reinforcements are often necessary. Look at how many lawyers OJ Simpson had. Let's face it, if he were an "ordinary" guy who couldn't get all that great legal representation, he would most likely be in jail today. So maybe Duke needs more representation? I think once the current ruling is thrown out, the evidence of Duke's good character will overwhelm the opposition.
Regards,
Tara
Doesn't Dr. Phil have a Pitbull? I thought I saw one on the start of his show, white doggie, white pit looking face..
TJill,
Money is a big problem for Denise...she's up to here eyeballs in debt...Duke's attorney, the shelter bill, she needs help in the worst way...Right now we're trying to figure out ways to raise money for the bills...suggestions would be appreciated. I wish an attorney who knows animal law would donate his/her time to help with this case, some big name.
I'm sooo happy he got a stay and just hope things move along and he's freed.........its a real heartbreaker for a lot of people!
If she bothered to show up to court and keep her dogs restrained, she wouldn't have any of these problems. And I don't believe for a second that they went to the wrong court...they just thought they could sh*t on the court and there wouldn't be any consequences.
DUKE WAS NEVER THE PROBLEM. HE IS CLEARLY A GOOD DOG.
WHICH WILL MAKE THIS REALLY A TRAGEDY IF HE CANNOT BE SAVED.
NO- IT'S NOT DUKE THAT IS THE PROBLEM.
AN OWNER THAT DID NOT ABIDE BY LAWS THAT YOU AND I WOULD ALSO HAVE TO FOLLOW- IS THE PROBLEM.
NO DOG- REGARDLESS OF BREED SHOULD BE LOOSE.
( THIS DOES NOT INCLUDE ACCIDENTAL ESCAPE FROM THE HOME OR YARD.)
REPEATED EPISODES OF SUCH DO NOT COUNT.WE HAVE MANY OWNERS GUILTY OF NOT BEING ABLE TO KEEP THEIR DOGS ON THEIR OWN PROPERTY, BECAUSE THEY DON'T CARE ENOUGH TO DO WHAT IS RIGHT BY THEIR DOG OR RESPECT THE RIGHTS OF OTHERS.
WE DO HAVE A LEASH LAW.
SOME PEOPLE, HOWEVER, SEEM TO THINK IT DOES NOT APPLY TO THEM.
IT IS DANGEROUS FOR THE DOG, ITSELF, TO RUN THROUGH THE STREETS LOOSE.
OUT HERE, IT IS VERY EASY FOR A DOG TO GET HIT BY A CAR.
SADLY, NO ONE IS OBEYING THE SPEED LIMIT, NOR ARE THEY OBSERVING THE STREETS FOR LOOSE DOGS.
HENCE- THE LIKELIHOOD OF ANYONE BEING ABLE TO BREAK IN TIME, FOR AN ANIMAL THAT DARTS OUT IN FRONT OF THEIR CAR, IS NOT GOOD.
IT IS POTENTIALLY DANGEROUS TO OTHER ANIMALS( WILD AND DOMESTIC) IF THE LOOSE DOG HAPPENS TO BE AGGRESSIVE TOWARD OTHER ANIMALS.
ANOTHER REASON OWNERS NEED TO BE RESPONSIBLE AND KEEP THEIR PETS CONTAINED.
IT IT FAIR TO HAVE ANOTHER ANIMAL KILLED BECAUSE YOUR DOG GOT OUT?
IT CAN BE DANGEROUS TO PEDESTRIANS, JOGGERS, BICYCLISTS-WHETHER ADULTS OR CHILDREN- TO ENCOUNTER A LOOSE, STRANGE DOG AS WELL.
THE COURT SYSTEM IS PLAYING HARDBALL. DUKE SHOULD BE ALLOWED TO LIVE BUT BE PLACED OUT OF STATE SO THE COURT CAN SAVE FACE BUT STILL PRESERVE THE DOG'S LIFE.
YOU DO REALIZE THEY CERTAINLY DO NOT WANT HIS OWNER TO COME OUT A *WINNER*?
THE ONLY WAY FOR DUKE TO COME OUT ALIVE IS TO MAKE A CONCESSION- HE DOES NOT GET DESTROYED, BUT HAS TO GO OUT OF STATE AND PLACED IN A NEW HOME.
THIS COULD HAVE BEEN AVOIDED, THAT IS WHAT MAKES THIS EVEN SADDER :-(
I do believe that Denise is going to have to consent to give this dog up. At the very least, that will have to happen. I believe that any compromise with the court will require that the dog no longer live anywhere near the neighbor. In the eyes of the court, the neighbor has rights, too. The court is trying to balance everyone's rights. It is unfortunate that deadlines were missed and, apparently, the dog was not confined as required by the court. All of these things did put Duke in immediate danger. That's why, as I said earlier, you have to take the law very seriously when it comes to the alleged "dangerous dog" statutes. It's possible a firm would take the case pro bono, but might be difficult to get a "brand name" firm to do so. They are looking for very high profile cases.
A dog being removed happen here on long island when a Irish Setter Killed a little girl, that was wearing a scave & the dog, must have dragged the little girl around the yard. It was not the dogs fault, he/she thought he was playing. But the family did not want the dog destroyed, so they send to dog to live somewhere else..