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Now How in the World Did We miss this one?

Discussion in 'Legal' started by Titan6, Mar 2, 2007.

  1. Titan6

    Titan6 member

    Feb 7, 2007
    Gillikin Country
    It is truly a dogs Life:

    Dog with college degree may appear in court
    Attorney says police chief, canine earned degrees from same online school

    Updated: 8:48 a.m. CT March 1, 2007
    FOSTORIA, Ohio - An attorney challenging the authority of the city’s police chief wants the department’s police dog to appear in court as an exhibit, because he says the dog and the chief have criminal justice degrees from the same online school.

    The issue gives “one pause, if not paws, for concern” about what it takes to get the degrees from the school based in the Virgin Islands, Gene Murray wrote in a court document filed Monday.

    Murray is seeking to have a drug charge against a client dismissed by arguing that police Chief John McGuire — who is accused of lying on his job application — was not legally employed and had no authority as an officer.

    McGuire is to go on trial in March on charges of falsification and tampering with records. A special prosecutor said McGuire lied on his application and resume about his rank, position, duties, responsibilities and salary in three of his previous jobs.

    McGuire was hired as chief of this northwest Ohio city a year ago.

    The union that represents Fostoria police officers and dispatchers filed a lawsuit challenging McGuire’s hiring.

    Murray said asking that the police dog, Rocko, show up in court at an evidence hearing is a key to discrediting McGuire, who took part in a traffic stop and search in October that resulted in drug possession charges against Clifford Green of Fostoria.

    ‘The whole thing is bizarre’
    Both McGuire and Rocko, who is listed as John I. Rocko on his diploma, are graduates of Concordia College and University, according to copies of diplomas that are part of Murray’s motion.

    The court filing did not say how the attorney knows that diploma is for the dog or how Rocko allegedly managed to enroll in the college.

    “My client had absolutely nothing to do with any animal getting a degree from an institution of higher learning,” said McGuire’s attorney, Dean Henry. “The whole thing is bizarre.”

    He said the dog was with the department before McGuire began working there.

    Seneca County Prosecutor Ken Egbert said he will ask the judge to deny the request and limit the hearing to matters that are relevant.

    “I don’t think it’s necessary to bring the actual dog,” Egbert said.

    A date has not been set for the evidence hearing.

    City leaders have said McGuire’s hiring was not influenced by his college degree, and any confusion about his background was resolved during interviews.

    “We’ve already been through all that,” Safety Service Director Bill Rains. “That was answered to our satisfaction.”

    Fostoria is about 35 miles southeast of Toledo.

  2. Biker

    Biker Mentor

    Mar 10, 2005
    Hmmm....Murray's attempt to 'muzzle' the Chief is an interesting strategy indeed.

  3. El Tejon

    El Tejon Elder

    Dec 24, 2002
    Lafayette, Indiana-the Ned Flanders neighbor to Il
    Why not? Darn dogs testify as it is via drug and coffee sniffs.
  4. Thain

    Thain Active Member

    Jan 9, 2006
    Lansing, Michigan
    But they don't tell you the name of the school!

    I want a Criminal Justice degree too!
  5. thexrayboy

    thexrayboy Participating Member

    Sep 3, 2006
    northern nevada
    I was wondering that myself. Just how do you confront a witness against you in court if said witness has 4 legs and a tail. The cross examination on that drug sniffing dog should be interesting....especially since it was the spot where your kid dropped a hamburger on the floor of the car that got the dog
    all excited in the first place.
  6. Thain

    Thain Active Member

    Jan 9, 2006
    Lansing, Michigan
    In all honesty, when a drug or bomb dog is "questioned" in court, it is typically the animals handler that is being questioned. The handler is considered an expert in interperting the dog's reactions to various stimmuli. The dog is considered a tool, a highly accurate, energetic and furry tool, but nevertheless...

    I'm no expert, but I've read/attended more than a few criminal trials in my life. Trying to get the dog tossed works about as well as arguing that the radar gun was faulty...

    Sorry folks, but a mountain of case law is on the side of the drug dog. Not too mention the mounds of scientific research backing that case law.

    Now, if the police had cause to bring in the dog in the first place... that your attorney can argue.

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