The AR-driven enforcement divisions so often overlook that many of these items they claim as "dog fighting paraphernalia" have perfectly legitimate purposes. Ever notice that if a lab or collie runs a treadmill it's for good health and/or maybe conditioning for a conformation show or field trial, but if it's a bulldog it must be for "training them to fight"?
Well it looks like a Wisconsin man got an impartial Judge this time who actually looked at the facts on their merits and not just the DA's resume building hype. He was acquitted of dog fighting charges.
Not Guilty of Dog Fighting Charges
September 28, 2007
By Emily Matesic
He said the dogs were his pets and that their scars came from rough play. A Brown County judge agreed, and found Kendale Smith not guilty of training pit bulls to fight.
Smith faced three felony charges after county officers seized three pit bulls and equipment believed to be used for dog fighting from his Allouez home last summer.
"I found the defendant Kendale D. Smith not guilty," The Honorable Judge Tim Hinkfuss ruled.
There was a look of relief on Smith's face and the judge found him not guilty of the most serious charges.
Judge Hinkfuss said his verdicts on the felony charges all came down to reasonable doubt. He said while the condition of the animals and the equipment found in Smith's home could've been used for dog fighting, there wasn't enough evidence proving it was.
The judge complimented attorneys on both sides of the case for their work this week, but he said more evidence was needed to convince him Smith was actually training the dogs to fight.
"The State presented a lot of evidence that could be used one way being legal versus illegal," Judge Hinkfuss said.
"There's no witness to any dog fighting event, there's no witness leading up to a dog fighting event," he went on. "There was no promotional flier, there was no cryptic message that perhaps could be interpreted that was preparing for a dog fight event."
Earlier this week, the shelter manager for the Bay Area Humane Society in Green Bay testified that Smith’s dogs didn’t show any signs of aggression. The two 4-month-old pit bulls were happy to see Smith when he came to visit, and the 4-year-old male wagged its tail when it saw him, she said.