|
Info for Animal Control & Field Officers
Info for District Attorneys & Judges |
| FELONY ANIMAL CRUELTY TRAINING
It is very important to preserve evidence in felony cases involving animal cruelty. If a felony case involves an animal who has died, a necropsy (animal autopsy) should be performed and tissue samples for pathological examination should be taken. Just like cases involving human death, in court cases involving the prosecution of an animal case, an Official Cause of Death must be determined. In cases where the cause of death is not immediately obvious, very few veterinarians have the advanced training needed to issue an Official Cause of Death that will be acknowledged by the courts. The veterinarians at the New Mexico State Veterinary Diagnostic Laboratory in Albuquerque are Board Certified Pathologists and are considered experts in their field. They are qualified to determine an Official Cause of Death. Some veterinarians may believe they are qualified and will fulfill your request for a necropsy, but the courts may not consider them sufficiently qualified and may disregard their opinion. While, a complete necropsy of the intact carcass by a board certified pathologist will provide the best chance to determine the Cause of Death, in some cases a Cause of Death can also be determined and accepted by the Court if the necropsy is performed by the local practicing veterinarian and appropriate fresh and fixed (preserved) tissues are collected and submitted to the State Diagnostic Lab. Most local veterinarians are equipped to take tissue samples to send to the State Diagnostic Laboratory. Timeliness is a very important consideration when processing forensic evidence. The sooner the veterinarian has access to the body for examination, tissue samples, and transport, the better. If the weather is cool the body will provide useable samples for much longer than if the weather is hot. Even if you suspect an animal has been dead for more than 24 hours, don’t disregard the forensic evidence. It may still be valuable. For example, in cases of suspected poisoning, stomach contents may reveal crucial evidence, even though other tissues have deteriorated beyond use. Each case may be different and law enforcement should consult with an expert before proceeding. Preserving and gathering forensic evidence is as important in obtaining prosecutions in animal cases as it is in cases involving humans. Although costs will vary according to individual cases and the pathology each case may require, rough costs of a gross necropsy, which does not include virus isolation or toxicology (the science of poisons), as of January 2000, are: Dog - $66.00 Cat - $66.00 Horse - $121.00 Sheep or Goat - $33.00 Cow - $55.00 * Toxicological pathology (tests for poisons or chemical changes in tissue), which may be needed in some cases, could cost an additional $15 - $55+. In summary, to make a solid case and gather sound evidence, it is best to contact the NM State Veterinary Diagnostic Laboratory to determine the Official Cause of Death and for related necropsy information in felony cases. To assist law enforcement, local veterinarians should be familiar with the procedures used to prepare, process, and arrange transport of the animal’s body to the State Laboratory in Albuquerque. Courier services are often used to ensure timely arrival and are not as costly as one might think.
Necropsy Procedure: • Preserve forensic evidence • Call the NM State Veterinary Diagnostic Laboratory: New Mexico Department of Agriculture - New Mexico Veterinary Diagnostic Services 700 Camino de Salud, P.O. Box 4700 Albuquerque, NM 87196-4700 Phone: (505) 841-2576 Fax: (505) 841-2518 Dr. Richard LaRock Dr. John Thilsted • Call a local veterinarian to process the body and proceed with instructions from the State Diagnostic Laboratory. • Arrange for prompt transport of the animal’s body. • Finish the investigation and file appropriate reports.
Felony Animal Cruelty Training Outline (Specific) Conference Memo - Outline of points included in lawHOW TO INVESTIGATE A CASE OF ANIMAL CRUELTY OR NEGLECT Training Class "Implementing the Felony Animal Cruelty Law" Receives Accreditation From DPS and the NM Bar Association; MEDIA ADVISORY, Date: March 9, 2000 FACT Resources: Animal Handling Tips & Animal Call Response Checklist Contact information for animal resources: New Mexico counties requiring adequate food/water/shelter: Euthanasia Data for New Mexico Animal Live-Trapping Recommendations Information on Procedure for Necropsy New Mexico Wildlife Rehabilitators Sample Animal Relinquishment Form Impact of New Mexico Supreme Court Ruling Regarding Animal Cruelty Law
|