Service dogs have long been permitted in courts. But in a ruling in June that allowed Rosie to accompany the teenage rape victim to the trial here, a Dutchess County Court judge, Stephen L. Greller, said the teenager was traumatized and the defendant, Victor Tohom, appeared threatening. Although he said there was no precedent in the state, Judge Greller ruled that Rosie was similar to the teddy bear that a New York appeals court said in 1994 could accompany a child witness.
At least once when the teenager hesitated in Judge Greller’s courtroom, the dog rose and seemed to push the girl gently with her nose. Mr. Tohom was convicted and sentenced to 25 years to life.
His lawyers, David S. Martin and Steven W. Levine of the public defender’s office, have raised a series of objections that they say seems likely to land the case in New York’s highest court. They argue that as a therapy dog, Rosie responds to people under stress by comforting them, whether the stress comes from confronting a guilty defendant or lying under oath.
But they say jurors are likely to conclude that the dog is helping victims expose the truth. “Every time she stroked the dog,” Mr. Martin said in an interview, “it sent an unconscious message to the jury that she was under stress because she was telling the truth.”
“There was no way for me to cross-examine the dog,” Mr. Martin added.
- Dog Helps Young Rape Victim Testify (nytimes.com)
- By helping a girl testify at trial, a dog ignites a legal debate(seattletimes.nwsource.com)
- NYT: Dog helps young rape victim testify (msnbc.msn.com)
- Good dog Rosie (sfgate.com)
- NY: Dog Helps Young Rape Victim Testify http://is.gd/1nK4av(vinhsulaw.wordpress.com)
- “Comfort Dogs” in court (hotair.com)
- Use Of Golden Retriever In Rape Case Courts Controversy In New York(newyork.cbslocal.com)
- NY man guilty in sex case; dog helped girl witness(seattletimes.nwsource.com)
- Conviction by cuteness (apublicdefender.com)
- Golden Retriever Takes the Stand in New York Criminal Trial (volokh.com)
- ‘Courtroom dog’ helps young rape victim testify(radicalhub.wordpress.com)
- Dog Helps Children Testify About Sexual Abuse [Awesome] (jezebel.com)