JUSTICE FOR KARLEY

Will public opinion affect legal process in puppy's death?

By John Asbury
The Press-Enterprise - December 5, 2008

Despite a flurry of protests, phone calls and media attention, Riverside County district attorney's officials say they will not be influenced by public opinion when deciding whether to file animal cruelty charges in the recent beating and death of a 6-month-old puppy.

Southern California television and radio programs have helped fuel the case, aided by angry rhetoric on the Internet. Radio hosts have publicly given the phone number to the district attorney's office and urged listeners to call and pressure officials to file charges. Protesters have marched outside the courthouse.

While some legal experts agree prosecutors stand by the legal standard of avoiding the consideration of public opinion, experts and activists believe that mounting pressure from public outrage and the interpretation of what might merit criminal charges can sometimes influence criminal cases.

In a range of legal issues from obscenity standards to national security privacy, prosecutors must take into account public perception and societal standards, said Rebecca Lonergan, a USC law professor and former federal prosecutor and trial attorney.

"The DA may say they are not going to be influenced, but some question if they really are influenced by outrage and media coverage," Lonergan said.

Even with animal cruelty statutes, the law is based on "the everyman standard," or what the general public would consider reasonable or a crime, she said.

"Those screaming outside the DA's window are not honestly going to be something he takes into account. Hopefully a case will be judged on its merits," Lonergan said.

Activists Start Campaign

In recent weeks, animal-rights activists and the dog's owners have launched a campaign seeking criminal charges against Los Angeles County Assistant Fire Chief Glynn Johnson, of the Woodcrest area of Riverside. No charges have been filed.

Johnson severely beat the puppy, Karley, with a rock. He has said it was in self-defense after the dog latched onto his hand and nearly bit through his thumb, but owners Jeff and Shelley Toole say they believe the attack was premeditated and stemmed from a neighborhood dispute.

The case has been under review by the district attorney's office since Nov. 12, when Riverside County sheriff's deputies recommended animal cruelty charges be filed. Johnson has not been arrested.

Riverside County Assistant District Attorney Chuck Hughes said the case is being scrutinized to determine whether there is enough evidence to proceed with charges.

Hughes said his office has received numerous phone calls and letters about the case. He said officials are open to listening to concerns and input but said the outcome of the case would be based on evidence.

"Public opinion has no role in our filing decision," Hughes said. "People writing letters haven't seen the evidence. They don't really know what the facts of the case are."

Trials by opinion

Justice is blind, the saying goes. But examples can be found of cases both where legal officials have rejected public opinion's influence, and where they have seemingly bowed to it.

Authorities have been known to strictly follow judicial standards to avoid any perception of impropriety in high-profile cases.

As O.J. Simpson was sentenced on armed robbery and kidnapping charges Friday, the Las Vegas judge made it clear she was not seeking any retribution for his previous murder trial acquittal.

In a cyber bullying case that gained worldwide attention, a Missouri woman was charged after she harassed a teenage neighbor on MySpace, and the girl committed suicide. She was found guilty last month of three misdemeanors of violating a federal law against computer hacking, but publicity surrounding the case focused on the girl's death.

The judge in the case said the suicide evidence was admitted during the trial only because there had been so much publicity that the case's details had become common knowledge.

"This would never have come to the U.S. attorney if there hadn't been such a public outcry," Lonergan said. "Bringing it to the attention of the public definitely plays a part."

Tom Ruskin, a private investigator and former New York City police officer, said most cases are treated fairly.

Exceptions to Rule

"Prosecutors will not be influenced in most cases by public opinion," Ruskin said.

However, there have been exceptions, he said, especially when politics comes into play.

During a rape trial of three members of the Duke University lacrosse team, the North Carolina prosecutor -- who was up for re-election at the time -- brought overzealous and unfounded charges and was eventually disbarred, Ruskin said.

"We would be very naive to think a prosecutor never considers public perception in viewing a case," Ruskin said.

Lonergan agreed that political pressure can play a role in prosecutors' decisions.

"The reality is the DA is an elected official, and any elected official has to pay attention to opinion," she said.

In the case of the dead puppy, some of the protesters have noted that Riverside County District Attorney Rod Pacheco is up for re-election in 2010.

Public pressure

The Toole family and about 80 protesters from throughout Southern California marched this week in front of the district attorney's office in Riverside, shouting "No more coverup" and calling for Pacheco to file charges.

"We want to keep the pressure on, so the DA will move on this," Jeff Toole said. "I don't understand what takes so long. There's more than enough evidence to make an arrest."

Johnson has said he was taking the dog home after she got loose. As he was walking back, Johnson said Karley attacked him.

A neighbor who had first found the dog running loose, Travis Staggs, said he never saw Karley bite Johnson before Johnson began beating her with a rock.

Since the investigation began, Johnson has declined to comment to the media or to authorities. He remains on paid administrative leave.

Prosecutors are continuing to ask sheriff's deputies to investigate and finalize any additional evidence or interviews before a decision is made, said Hughes, the Riverside County assistant district attorney. Authorities have not estimated when the case may be completed.

Prior to filing charges, prosecutors must judge their case based on available evidence, the likely defenses to be raised during trial and the criminal history of a defendant, Hughes said.

But Lonergan said it's not always that simple.

"The law is based on what society thinks. Like with obscenity, it's what shocks the conscience," Lonergan said.

Hughes said his office welcomes and respects public input but will focus on the case to make the right decision.

"Cases of violence toward animals often garner tremendous sympathy toward the animal and anger toward the subject," Hughes said.

Toole said he agrees with Riverside County prosecutors that the case should not be swayed by public outcry, but he is eager for some resolution.

"I just want to give Karley her day in court," Toole said. "Public opinion shouldn't steer this one way or another. But we have to keep pressure on this; otherwise it will be swept under the rug."

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