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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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