"Demise of hawk at Cambridge pond mourned" by Catalina Gaitan | Globe correspondent April 11, 2014
Their romance came to a tragic end last Friday, when Ruby’s body was discovered under her nesting tree near Fresh Pond Mall, an untimely death that veterinarians say was caused by rat poisoning.
Now, the bird-watchers are seeking to find out how Ruby’s death could have been prevented and are hoping to change the way their neighborhood handles its rodent problem.
“The irony is that there are a ton of traps with rat poisoning, but, cruelly, they’re not controlling the rats; they’re killing other animals,” said Susan Moses of Cambridge, who has made almost daily visits to the hawks’ nest since 2010. “We need different types of rat control with different chemicals that are less toxic.”
Cambridge is full of rats in more ways than one.
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This will make you sick on both sides:
"Backers hail SJC’s animal rescue ruling" by John R. Ellement | Globe staff April 11, 2014
The state’s highest court ruled Friday for the first time that police can legally enter private property without a search warrant to rescue endangered animals, a decision that extends the same authority long used by police to save the lives of people.
I am opposed to animal cruelty; however, I am also opposed to the police having another excuse to violate rights.
“The question is one of first impression for this court,’’ Supreme Judicial Court Justice Barbara Lenk wrote for the unanimous court. “In agreement with a number of courts in other jurisdictions that have considered the issue, we conclude that, in appropriate circumstances, animals, like humans, should be afforded the protection of the emergency aid exception.’
That is a very interesting take given the decision a week later that I will post below.
The SJC ruling was hailed as a reason for celebration by animal advocacy groups, but generated a warning from the defendant’s attorney that the ruling was so vaguely worded that police can claim concern about an ant farm or a goldfish to bypass privacy rights.
But they would't do that!
“If you have an officer who is particularly sensitive to animal injuries, an officer can use this opinion that broad way,’’ said Travis J. Jacobs, a Boston attorney. “I bring up that ant farm and goldfish examples to show the extremes. But lots of times, cases are resolved by extremes. [The SJC] didn’t classify any types of animals that would qualify. The ruling doesn’t limit it to domesticated animals.’’
Jacobs represents Heather M. Duncan, a Lynn woman being prosecuted for three counts of animal cruelty after police found two dead dogs and an emaciated dog, all still chained, in the backyard of Duncan’s residence on Jan. 8, 2011.
According to court records, a neighbor noticed the situation and contacted Lynn police who first tried to get Duncan’s attention by sounding their siren, ringing doorbells, calling out over their loudspeaker, and through telephone calls.
With no response, Lynn firefighters were called to open a padlocked fence, clearing the way for police to rescue the last surviving dog. When Essex District Attorney Jonathan W. Blodgett’s office tried to prosecute Duncan for animal cruelty, a district court judge ruled that police had no right to enter Duncan’s property, but asked the SJC to review the decision.
In the SJC ruling, Lenk wrote that Massachusetts has a large number of civil and criminal laws on the books that are aimed at protecting animals from being harmed by humans.
“In light of the public policy in favor of minimizing animal suffering in a wide variety of contexts, permitting warrantless searches to protect nonhuman animal life fits coherently within the existing emergency aid exception,’’ she wrote.
Just wondering how long it would take to get one. An hour?
She cautioned that not every circumstance where animals appear to face threats will justify police bypassing legal protections against government intrusion onto private property guaranteed by both the state and federal constitutions.
Interesting that the Bundy ranch controversy in Nevada has not seen one word of print in my Globe. makes you wonder how many other things they are not telling us.
The SJC had been asked by Attorney General Martha Coakley, the state’s other district attorneys, and the Massachusetts Chiefs of Police Association to reach the conclusion it did, officials said Friday.
Of course.
Wayne Sampson, executive director of the police chiefs and a former chief himself, said law enforcement has had a duty to protect both humans and animals, and the SJC ruling enhances the ability of police to do that.
Sampson said once inside, if an officer sees evidence of illegal activity, they can refocus their attention onto the new information. But, he said, police are not going to be able to use this new protection for threatened animals as a back door way to get inside the homes of people under investigation.
So we are told; we have so often found out it's not true.
Remember when the cameras were only supposed to catch terrorists, not hand out moving violation fines?
Now the cops just have one more excuse to violate your rights!
Thanks, SJC! I suppose you could do a search of my blog for all the sucky decisions they have handed down over the years.
“The intent of the officer has to be to go and rescue the animals,’’ Sampson said in a telephone interview. “The court has made it very clear there has to be some reasonable evidence that the dog was actually in physical danger. We can’t just walk in. That’s not what they are saying.’’
Well, THEY COULD and it would all have to be SORTED OUT LATER in COURT, right?
You see why I'm not liking this decision now, despite my love animals and life?
In a statement, Blodgett applauded the decision. “This ruling makes clear that police may respond to an emergency in which an animal requires immediate protection or is in imminent danger of physical harm while still respecting the boundaries of the Fourth Amendment against unreasonable search and seizures,’’ he said.
Animal protection organizations including the American Humane Society, the American Society for the Prevention of Cruelty to Animals and the Animal Rescue League of Boston also urged the SJC to reject the defense view of the law.
The court has made it “crystal clear that the same urgency that’s necessary for first responders for people in distress can be applied to animals in distress,’’ said Martha Smith-Blackmore, vice present of animal welfare for the Animal Rescue League. “This is a day of celebration.’’
In a telephone interview, Cheryl Rudolph, president of the Animal Control Officers of Massachusetts, said her members will no longer have to engage in the time-consuming effort to obtain a search warrant as an animal’s life hangs in the balance.
“This is big for us,’’ said Rudolph.“There are times you just need to go in there and get the animal. Now we can respond and do what’s needed right away.”
And you aren't against cute little animals, are you? Who cares about the ever-expanding tyranny?
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Looks like the animals are getting better treatment than the people. Talk about hypocrites!
"SJC finds limit to abuse prevention law" State House News Service April 19, 2014
The state Supreme Judicial Court Friday vacated an abuse prevention order obtained by a woman in a residential treatment program, determining the statute does not cover people in such living situations.
“We recognize that the central issue of this case involves the serious and important matter of the safety of individuals with intellectual disabilities under state care, and respect the legitimate concerns of the victim’s guardian for the safety of her daughter,” the decision by Chief Justice Roderick Ireland stated. “Nonetheless, we conclude that the relationship between the defendant and the victim, in the circumstances here, is not the type of relationship contemplated by the statute.”
Even the courts are full of eliti$m, and I don't see anything changing.
The alleged victim, Christina Silva, and the alleged aggressor, Nancy Carmel, are both intellectually disabled adults who were enrolled in a residential program at Riverside Community Care in Newton Lower Falls, funded and regulated by the Department of Developmental Services.
The restraining order forced Carmel to move away.
The SJC determined that in May 2012, during an altercation, Carmel pushed Silva into a bathroom, where she fell backward into a bathtub. There had also allegedly been previous attacks.
The Association of Developmental Disabilities Providers and the Arc of Massachusetts supported overturning the restraining order, arguing that applying the law to people in residential facilities “will . . . adversely impact persons with intellectual disabilities and the providers who serve’’ them.
Community Legal Aid argued that people with disabilities should have the same protections as the general public.
The state is above the law. Don't you know that?
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I'd say the old ladies were being treated like dogs, but they aren't even getting it that good.
"Veteran bomb sniffing dog retires" by Tamara Lush | Associated Press April 12, 2014
TAMPA — Staff Sergeant Shannon Hutto thought his bomb sniffing dog Eddie was just being lazy when he wouldn’t move from a certain spot one hot day in Afghanistan in 2012.
But Hutto then saw what Eddie smelled: a homemade bomb, partially buried in the dirt. It was 6 inches from Hutto’s foot.
A short time later, Eddie sniffed out another improvised explosive placed on a bridge the patrol unit was about to cross. Eddie saved Hutto’s life, the lives of a dozen patrol members, and countless people in the village.
For his service, Eddie retired Friday with full military honors. The ceremony was held at MacDill Air Force Base in Tampa, and a few dozen soldiers turned out to cheer Eddie on.
The Belgian Malinois dog was assigned to MacDill’s Sixth Security Forces Squadron and has served for about five years. He has also helped sweep government buildings and helped the Secret Service by checking presidential and vice presidential visit venues.
In retirement, he will be reunited with his first handler, Andrew Grymes. Hutto said he will be forever grateful to Eddie for saving his life.
During a brief retirement ceremony, Eddie wasn’t quite sure what to make of all the people clapping, talking, and saluting. But when Carol White, a private Air Force contractor, gave him a special cake made out of peanut butter and bananas, he dove right in.
As a working dog, Eddie wasn’t allowed such luxuries. Now he’s free to enjoy the pleasures of retirement. ‘‘He can go and be a pet,’’ said Hutto.
I'd rather have a cat.
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NEXT DAY UPDATE: Hospital dogs making friends fast
Also see: N.H. store draws reptile fans from around the region
