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SHAMELESS: DA Refuses to Prosecute Animal Cruelty Case; Pennsylvania Only State to Permit Live Pigeon Shoots

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by Walter Brasch

A Pennsylvania district attorney took campaign funds from an organization which promotes killing live pigeons in contests, and then refused to allow the prosecution of animal cruelty charges against a gun club that hosts pigeon shooting contests.

DA John T. Adams of Berks County accepted $500 campaign contributions from the Flyers Victory Fund in August 2008 and August 2009, according to campaign finance reports issued by both the Pennsylvania Department of State and the Berks County Registrar of Voters.

Johnna Seeton, a certified humane society police officer for the Pennsylvania Legislative Animal Network (PLAN), says she documented what she believed were acts of animal cruelty at a pigeon shoot on Sunday, Oct. 18, 2009, sponsored by the Pike Township Sportsman's Association near Oley, about 55 miles northwest of Philadelphia. Seeton had gone to the shoot, but had to watch the killings from public roads and driveways of nearby residents who had given her permission.

Typically, at a pigeon shoot, one bird is confined to a small box about 2530 yards in front of the firing line. The birds are released from the spring-loaded boxes known as "traps," and the shooter fires at five separately released birds in five separate rounds, as if firing at clay pigeons in a trap or skeet shoot. Each shooter tries to kill a total of 25 birds, each falling within a designated circle, for a perfect score. The birds, when first released from the boxes, are often dazed and confused, sometimes by lack of adequate nutrition or confinement in small cages before the shoot and within the closed box during the shoot. As many as three-fourths of all birds, according to investigators from the Humane Society of the United States, are not killed instantly, but are wounded, usually to die slow and painful deaths. At the Pikeville shoot were two separate fields, each with nine boxes that were refilled during the day. About 1,0001,500 birds became targets. At the "state shoot" on Feb. 20 and 21, about 7590 persons fired shotgun pellets at about 5,000 birds that were released from 27 boxes on three separate shooting fields.

The wounded or dead birds are picked up by trapper boys and girls, usually 12-16 years old, put into nets and taken to a shed, where their heads are cut off with shears. Sometimes, the trappers just wring their necks, sometimes hours after the bird is wounded. Even then, many live long enough to suffocate from being thrown into barrels. The carcasses are usually thrown into the garbage. Although most pigeon shooters claim they are ridding the state of "vermin," calling them "winged rats," the reality is that most of the birds are raised to be shot, captured, or brought in from out of state specifically for the shoots. The largest broker for pigeon shoots lives in Strausstown, Pa., about 30 miles northwest of Oley.

The shooters, who must be at least 12 years old, pay entry fees; many of them place illegal side bets. Drinking is common at pigeon shoots.

Pennsylvania is the only state where live pigeon shoots are still openly practiced. "Live pigeon shoots are similar to cockfighting or dog fighting, where it is largely an underground circuit of the same people who follow it around," says Heidi Prescott, senior vice-president of the 11.6 million member Humane Society of the United States (HSUS). The Pennsylvania Council of Churches, in opposing pigeon shoots, declared, "[T]he use of live animals for target practice in a contest does not honor the integrity of God's good creation."

Johnna Seeton says she returned to the Pike Township site two days after the pigeon shoot, and found live wounded birds, which she took to a veterinarian for treatment. "Some had to be euthanized because of extensive injuries," she says. Necropsies showed that pellets had hit vital organs, but the birds lived, often in extreme pain, for as many as two days. Birds that fall outside club property typically die from the pellets hitting vital organs, broken bones, internal hemorrhaging, nerve damage, or from infection, starvation, dehydration, or external parasite attacks. Seeton says she was able to rescue some because they fell onto public property. She had no legal authority to rescue the dying birds on the club's private property.

Seeton had filed three separate animal cruelty citations with District Judge Victor Frederick IV on Dec. 10, 2009, against the Pike Township Sportsmen's Association, charging it with animal cruelty. Four days later, she says Adams called her, said that he reviewed the charges, and said he would not allow her to prosecute the case, nor would he allow anyone else to prosecute the case.

In a 20 minute conversation, the DA demanded Seeton withdraw charges, citing what he believed were court precedents that would prohibit the filing of charges against organizers of pigeon shoots. Gordon Einhorn, Harrisburg, attorney, for the Pennsylvania Legislative Animal Network, then contacted Adams to try to understand why the DA wouldn't allow the complaint, and to explain Pennsylvania law and relevant precedent. "It was somewhat of a heated discussion," says Einhorn.

Adams says the law "is quite specific that pigeon shoots do not constitute cruelty to animals and that organizers of pigeon shoots do not have to have a veterinarian to care for wounded birds." Adams, who is not a hunter, says he has no position about pigeon shoots, but that, "Although I sympathize with [those who oppose the pigeon shoots], their anger is misplaced; they must contact the Legislature" for recourse. Adams says his office can "only enforce the law; we cannot make it." Adams, says Seeton, said that his decision not to allow prosecution and allow the court or a jury to determine the merits of the case, was final. "I wasn't challenging the legality of pigeon shoots," says Seeton, "only the animal cruelty for allowing wounded birds to die slow painful deaths." On Jan. 13, 2010, in response to Adams' demands, DJ Victor Frederick refused to allow Seeton to proceed with her charges. He withdrew the charges in front of an assistant district attorney.

To support his refusal to allow prosecution of the animal cruelty complaint, Adams cites a decision in the Berks County Court of Common Pleas in April 2002 [Seeton v. Pike Township Sportsmen's Association], which he says established that pigeon shoots are legal, and that recourse is through legislation. However, the ruling by Common Pleas Court Judge Scott E. Lash wasn't a decision, but only a judicial memorandum to a motion for a preliminary injunction, and was not based upon evidence presented in trial. The Memorandum was the result of an appeal of a decision two months earlier. The opinion by Judge Lash was rendered before the Plaintiff had the opportunity to conduct discovery, present evidence, and examine witnesses. Because the case is still pending, and never received a final judgment, it cannot be used as legal precedent, says Einhorn. In that Memorandum, Judge Lash, who several times referred to any individual shooting at birds in a pigeon shoot as a "sportsman," determined that there was no intent to wound birds and, thus, not a violation of the state law. He cited an 1891 case [Commonwealth v. Lewis] in which the appellant judge ruled that "the defendant has merely been punished for want of skill" by only wounding, not killing, pigeons at a shoot at the Philadelphia Gun Club in Eddington, Bucks County. That appeal had reversed a trial court case four years earlier, in which Judge Harman Yerkes had called pigeon shooting "cruel and barbarous" and a violation of animal abuse statute. However, in that reversal, the presiding judge ruled that there was no animal cruelty because the wounded bird was immediately killed.

An 1860 state law declared that animal cruelty is an "offense against public morals and decency." However, Adams claims that pigeon shoots do not constitute a violation of Title 18, section 5511(c), the Cruelty to Animals statute. That statute, within the Pennsylvania Crimes Code, states that a person is guilty of animal cruelty if he or she "wantonly or cruelly ill treats, overloads, beats, otherwise abuses any animal, or neglects any animal as to which he has a duty of care, whether belonging to himself or otherwise, or abandons any animal, or deprives any animal of necessary sustenance, drink, shelter or veterinary care, or access to clean and sanitary shelter which will protect the animal against inclement weather and preserve the animal's body heat and keep it dry." Seeton says the Pike Township Sportsmen's Association violated several provisions of that statute. The penalty for animal cruelty, a summary offense, is a fine of $50$750 and/or up to 90 days in jail.

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www.walterbrasch.com

Walter Brasch is an award-winning journalist and professor of journalism emeritus. His current books are Before the First Snow: Stories from the Revolution , America's Unpatriotic Acts: The Federal Government's Violation of Constitutional (more...)
 

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About the keystone state being the only state to a... by GLloyd Rowsey on Monday, Mar 15, 2010 at 7:27:40 AM
While I feel that pigeon shoots give an advantage ... by John Shriver on Monday, Mar 15, 2010 at 8:49:04 AM
Pennsylvania is sounding like a state that might b... by Skyler Trombly on Monday, Mar 15, 2010 at 1:48:56 PM
...are strong here. Lots of hunters, you see.... by Darren Wolfe on Monday, Mar 15, 2010 at 7:46:23 PM
Hopefully Pennsylvanians will take responsibility ... by Sarah Barnett on Monday, Mar 15, 2010 at 4:48:54 PM
Animals don't have rights only people do. That's n... by Darren Wolfe on Monday, Mar 15, 2010 at 7:51:49 PM
Its about time someone broached that subject, anim... by John Shriver on Thursday, Mar 18, 2010 at 1:47:26 PM