‘Congo’s Law?’ Lawmaker says dogs need one

‘Provoked’ dogs could escape euthanization

By Nick Norlen, Staff Writer
   A bill introduced in the state Assembly on Monday could prove to be Congo’s best friend — if it succeeds in amending the current state statutes that were cited by a municipal judge when deciding the fate of the German shepherd that was labeled “vicious” and ordered to be euthanized for its attack on a landscaper in Princeton Township in June.
   That sentence is currently being appealed to the Superior Court by Robert Lytle, the attorney for the dog’s owners, Guy and Elizabeth James.
   But if the legislation, called “Congo’s Law,” is passed, it would apply to current and pending cases and retroactively to dogs facing euthanasia by court orders back to Jan. 1.
   Among other changes, the bill provides an alternative for the euthanization of dogs declared “vicious” by allowing their owners to comply with the same precautions mandated for keeping a “potentially dangerous” dog, which include posting signs and restricting the dog’s contact with people and other animals.
   However, the bill still needs a co-sponsor in the Senate, according to state Assemblyman Neil Cohen (D-Union), who introduced the legislation Monday.
   He said he crafted the bill because of his belief that the current statute is unfair and needs to be updated.
   Attention came to the case after Congo was sentenced to be euthanized for his role in the June 5 attack, which left 42-year-old landscaper Giovanni Rivera, of Hamilton, in the hospital with severe injuries.
   After undergoing three hours of surgery for his wounds and receiving 65 rabies injections because some of the dogs were unvaccinated, Mr. Rivera was paid a $250,000 settlement by the family’s insurance company.
   Although municipal Judge Russell Annich Jr. said at the Nov. 13 hearing that the case was neither criminal nor civil, Assemblyman Cohen said such cases “should have the same procedural safeguards” as criminal proceedings.
   His bill reflects that belief with its inclusion of an amendment that according to a statement attached to the bill “raises the burden of proof for finding a dog to be vicious to beyond a reasonable doubt.”
   In the same statement, Assemblyman Cohen says the legislation was “designated as Congo’s Law”, adding that “by many accounts” the now-famous German shepherd was instinctively “protecting its owner” when it attacked Mr. Rivera.
   To that end, the bill would establish a definition for the term “provoked,” which is not included in the current statutes.
   Under the new law, provocation would include “causing or inciting a dog to defend itself, its offspring, or its owner or a family member of its owner, by engaging in threatening actions or behavior,” such as “entering property without the presence, permission, or direction of the owner” or “gesticulating at, striking, grabbing, poking, prodding, or otherwise threatening the dog, its offspring, its owner, or a family member of its owner in such a way that reasonably would be expected to cause a dog to react in a protective manner.”
   The bill also states that the court should only declare dogs “vicious” if it finds “beyond a reasonable doubt” that the dog killed a person or caused serious injury or if the dog “poses a continuing or future serious threat of bodily injury.”
   In addition, the bill would allow dogs involved in such cases to be returned to their owners while the cases are decided, if the owners comply with the conditions for “potentially dangerous” dogs.
   The bill would also eliminate the requirement for “potentially dangerous” dogs to be tattooed, and wouldn’t require their owners to obtain liability insurance — two of the conditions upheld by municipal Judge Annich when he labeled four of the James’ other German Shepherds as “potentially dangerous” after the attack.
   Mr. James said Monday that he is “absolutely” pleased with the introduction of “Congo’s Law.”
   He added, “This case is so far beyond just Congo and our family,” he said. “As I’ve said before, we will continue to do everything we can to make sure this will not happen again — until we get all five of our pets back without any labeling and convictions.”
   In a prepared statement, Mr. James added, “As unfortunate as this has been for everyone involved, it is imperative for us to utilize the publicity of this case to educate and inform the public of the impact that this case will have on any future case of this nature.”
   On Thursday, a Superior Court judge ruled that Congo could be sent home from Save – A Friend to Homeless Animals shelter, where he was held after the attack, pending the appeals process.
   Mr. James said “Congo’s Law will remind us that Congo was not locked up in vain.
   ”If anything good has come out of this incident, this law will protect any future suits as ours deeming a dog vicious and put to death,” he said.
   Assemblyman Cohen said he crafted the bill after learning that the dog was ordered to be euthanized despite the fact that it had no prior history of bites or attacks.
   He said he was “stunned” that “the court jumped right to euthanasia” despite testimony from a dog behavior expert from the University of Pennsylvania, who stated during the trial that Congo’s attack was the result of provocation, albeit unintentional.
   ”In the garden variety cases, you don’t have a behaviorist come in and testify on behalf of the animal,” he said.
   Though Prosecutor Kim Otis, Animal Control Officer Mark Johnson and the police report from the incident dispute Mr. James’ claim that his wife was pulled down by Mr. Rivera, Mr. Lytle has said the fact that she was grabbed and screamed constituted provocation.
   He said the appeal will focus primarily on his argument that the state didn’t meet its burden to prove that Congo was unprovoked.
   Noting that the legislature is “running out of time” before the new year’s session begins, Assemblyman Cohen said he will attempt to have to bill come before the Agriculture Committee at its Dec. 6 meeting so it can move on to the house floor.
   ”I’ll be meeting with a few people from now until the committee meets … to see if we went too far or didn’t go far enough,” he said.
   In the meantime, Mr. and Ms. James are planning to set up a nonprofit organization to help those involved in similar cases.