By MAUNETTE LOEKS, WHNS
Published: Thursday, December 17, 2009 8:46 AM CST
The Animal Legal Defense Fund will recognize Scotts Bluff County Attorney Tiffany Wasserburger for efforts earlier this year to protect a cat owned by a domestic violence victim.
Wasserburger served as the prosecutor in a domestic violence case involving an 18-year-old victim who lived with her boyfriend. In January, prosecutors charged the boyfriend after the victim told police that he had assaulted her. The victim told police the assailant kicked her cat, named Max, down a flight of stairs and that he had also killed a kitten the woman owned.
After the victim, who had filled a protection order, reunited with the man, Wasserburger sought to protect Max, who had been seized from the couple's home and placed at the Humane Society shelter. The victim had sought return of the cat and Wasserburger argued that it needed protection, consulting with Animal Legal Defense Fund Criminal Justice Program Director Scott Heiser.
"As prosecutors, we have always seen a direct correlation between child abuse, animal abuse and domestic violence," Wasserburger said, explaining why she sought to remove Max. "The circumstances of this case fit the animal abuse statutes exactly as it was intended."
In Max's case, Wasserburger said she had to show that the court had jurisdiction over the victim of domestic violence, not just the perpetrator. By the conclusion of the case, the judge also recognized the cat as a victim, sentencing the offender to a total of 22 months in prison on charges of domestic assault, two counts of animal cruelty and violating a protection order.
While Wasserburger has seen other cases of abuse involving animals, she said some things set this case apart.
"I think it was isolated in that (the abuse) was reported right away and we were able to seize the animal. We were able to produce medical exams and prove the abuse... The decision was important in that it acknowledged that there are different victims (in the case) and sentence imposed by the judge recognized that."
Protecting Max was a cooperative effort, Wasserburger said, citing the help of Pioneer Animal Clinic vet Joe Skavdahl and the Panhandle Humane Society.
"As a result of this case, I received letters and e-mails from across the state from victims of domestic violence and people in the field. They felt it was really important that attention was brought to this issue. And, now, we have those tools to help animals, because like the victims of domestic violence or child abuse, animals are helpless and it is our jobs as prosecutors to protect them."
Today, Wasserburger said, Max is doing well. Although he has some lingering effects of the neurological damage caused the abuse, "he is doing fantastic," she said. "He is a very loving kitty in a loving home and the family says he is a joy to have with them."
Wasserburger said she is excited about the honor, particularly as the ALDF will be highlighting the correlation between domestic violence and animal abuse during its observances.
The ALDF will be citing Max's case in a year-end publication, naming his story "The Story of the Year," Wasserburger said. She will be recognized during the ALDF's National Justice for Animals Week, which will be observed Feb. 21 through Feb. 27. While Wasserburger will not be able to attend any activities during the weeklong observation, she will be interviewed and recognized on the ALDF's Web site, www.aldf.org, for her efforts.
"I think that this is a fantastic case to call attention to the issue," she said. "This honor is a very proud moment in my professional career."
The Scottsbluff (NE) Star-Herald
No comments:
Post a Comment