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COA orders jury trial on animal cruelty charges

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An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.

Evansville Animal Care and Control went to Steven Duncan’s property to investigate a complaint and found 13 horses that appeared to be neglected, malnourished and ill. Three later had to be euthanized. Duncan admitted to owning and being responsible for the animals, but he offered no explanation for their conditions.

He was charged with 13 counts of Class A misdemeanor animal cruelty. At his initial hearing, Duncan appeared pro se. The judge noted Duncan’s right to a jury trial but did not mention the requirement to timely request a jury trial if one was desired or the consequences of failing to do so. Duncan later was represented by counsel, who did not request a jury trial.

Duncan was convicted of six of the 13 charges.

The Court of Appeals rejected the state’s arguments that Duncan was not prejudiced, that he consented to his counsel’s trial strategy and cannot now object, and that the judges should infer that Duncan was informed of his right to a jury trial because he was later represented by counsel.

But the state conceded that Duncan was not advised of the consequences of failing to ask for a jury trial and he was not advised of the requirement of a written demand for a jury trial 10 days before his scheduled trial date, Chief Judge Margret Robb wrote in Steven Duncan v. State of Indiana, 82A01-1201-CR-22. Having an attorney is not a sufficient substitute for the defendant being expressly advised of his rights, she noted.

The COA also addressed two points raised by Duncan on appeal that may impact his new jury trial – whether the animal cruelty statute is unconstitutionally vague and whether there was sufficient evidence to overcome a defense of necessity.

The judges found the statute is not vague as applied to Duncan and the state presented sufficient probative evidence from which a reasonable trier of fact could have found Duncan guilty beyond a reasonable doubt. They remanded for a jury trial.

 

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  • Not about the animals
    Glad you wrote about his case and pointed out how poorly it was handled. These animal "abuse" cases are never handled properly under the law, regardless of the State. Everybody wants to see the supposed abuser go to jail, but what no one cares about hearing about is whether or not the accused got a fair trial or how the animals were treated AFTER they were taken. Furthermore, no one who says they hate this guy for being an animal "abuser" would be able to prove they were not abusing their own animals if they were treated the same way. A few years ago there was a raid on a ranch near Waco, TX. The horses were thin and did not have water. It went to trial, the owners were convicted of animal "abuse." It was the middle of a very severe drought. The owners were never allowed to say, and obviously the idiot jury did not know, that there was a WATERING BAN ON LIVESTOCK at the time. It is not about the animals, it is about how much money they can make off fees, fines, donations, and resale.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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