But What Is The Definition of Ethical?

Language, Law

As in, People for the Ethical Treatment of Animals.

From the North Carolina Court of Appeals:

It is undisputed that the following occurred on 15 June 2005: Defendants acquired three cats from the Ahoskie Animal Hospital and defendant Hinkle euthanized the cats in the back of the van. Defendants placed the dead cats inside a heavy duty black trash bag. Defendants acquired eighteen dogs from the Bertie County animal shelter and defendant Hinkle euthanized the dogs and then placed each dead dog inside a heavy duty black trash bag. Defendants pulled into the Newmarket Shopping Center in Ahoskie and then drove behind a Piggly Wiggly store. Defendant Hinkle stopped the van next to a private dumpster, which had a sign affixed to it saying, “notice, private use only, violators will be prosecuted.” The dumpster belonged to D & E Properties, Inc. Defendant Hinkle instructed defendant Cook to put the black plastic bags containing the dead animals into the dumpster, which he did. Officers from the Bertie County Sheriff’s office and Ahoskie Police Department observed defendants putting the black plastic bags into the dumpster and arrested defendants as they drove away from the dumpster.

The primary issue in this case is the statutory definition of “litter” as applied to the PETA activists’ corpse dumping.

Last 5 posts by Patrick

4 Comments

4 Comments

  1. Stephen  •  Apr 15, 2008 @7:41 am

    That was interesting. So does that fall on the prosecutor for going forward with the wrong charge? If I read it correctly, even the Defense argued that there were other charges that would have been sustainable.

  2. Patrick  •  Apr 15, 2008 @9:17 am

    Stephen, I think double jeopardy has attached for any charges that anyone wants to file. If I were arguing for the defense on appeal I’d make that argument as well, because it’s too late to amend the charges once a conviction is secured.

  3. Stephen  •  Apr 15, 2008 @9:26 am

    Patrick,
    I wasn’t suggesting they be re-tried. I just meant that during the trial it sounded like the Prosecutor had a whole laundry list of charges and decided to drop some of them before going to the jury (like the one about trespassing). So I was wondering if the Prosecutor feel, I don’t know, “foolish” I guess, for going with the littering over some of the other charges.

  4. Patrick  •  Apr 15, 2008 @10:02 am

    Stephen it always feels bad to lose a case on appeal. Now in this state county prosecutors don’t argue appeals, but I’m sure the prosecutor knows about it, as does everyone in his office.

    If I were the defense attorney, I’d fax or email a copy to make sure: “Just FYI.”

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