ER - If Lucky had been seized, perhaps he would have survived

If Lucky had been seized, perhaps he would have survived
10/23/2006

Dear Editor,

Back in Humboldt County, The Eureka Reporter published several investigative articles in August that uncovered the animal abuse scandal, including information proving that the Humboldt County Sheriff’s Office recommended that Roberta Bugenig be charged with 123 counts of animal cruelty in 2004.

ALDF contacted The (Eureka) Reporter and on Aug. 30, in a Eureka Reporter article, ALDF questions District Attorney Paul Gallegos’ refusal to charge Bugenig in 2004 and refutes his claim that “an aspect of intent” must be demonstrated for the case to proceed.

Indeed, under California Penal Code 597(b), under which the felony charge was requested (for the horse), the statute requires a low burden of proof. In fact, all that would be needed to convince a jury would be that the conditions of the horse did not fall under “the ordinary standard of due care.” It does not require intent.

Furthermore, California law allows for animals, neglected to the extent that Lucky reportedly was, to be seized and put up for adoption if the owner does not pay the costs of care within 10 days. Had Lucky been seized when his condition was recognized and documented, he may have received the treatment and care he needed.

This case needs a follow up! District Attorney Paul Gallegos has shunned his duty!

Diane M. Kastel
Wheaton, Ill.

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