List by AR Attorney of “Defenses” to Animal Violations Used by Defense

http://www.schiffhardin.com/File%20Library/Publications%20(File%20Based)/PDF/Wagman_ALCN_Winter-Spring-2013.pdf

Let’s remember here, that when ANYONE is accused and labeled as an “animal abuser”, he or she is presumed innocent until proven guilty in the United States.  This is not England where the opposite is true.  So for an attorney to say that “abusers'” lawyers always come up with a number of defenses that they trot out—- of course the defense counselors provide a defense for clients, since all allegations are only allegations, and all clients are presumed innocent.  To say that such defenses from the “defense” bar are “trotted out” as if it was something illegally planned or some other nonsense, is pure bullshit.  ALL defenses to ANY crime are usually asserted in order to comport with the attorney’s duty to zealously defend the client’s rights.  Now, let’s pretend here— if Mr. Wagman’s daughter was accused of being a criminal animal abuser, would he want to defend her?  We certainly hope not with his attitude toward anyone accused of “abuse.”  Clearly Wagman’s emotional beliefs on “abuse” are not without prejudice.  Which is why he practices Plaintiff work and not defense.  Here is just one paragraph he wrote, see above link for all of his stuff.

….” But, as they will,
abusers’ lawyers always come up with a number
of defenses that they trot out. After being
involved with enough of these cases, it becomes
clear that there are a limited number of ways
in which those who represent the abusers try to
talk their way out of the fact that the animals
who were discovered were not suffering, or
why the deaths of animals found were not their
clients’ fault.

Having just dealt with a recent
case in which many of those same old tired and
somewhat incredible arguments were again made,
it seemed worthwhile to discuss some of them in
an article for practitioners. Hopefully the list, and
the explanations for why these are unhelpful, can
generate additional arguments that can be used to
keep those who hurt animals (and their counsel)
from talking their way out of it...”

 

Are you kidding? “Talking their way out of it?”  ALL plaintiff and all defense counsel do is to talk. That is their job. Who are we kidding here?

fox chick

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