...but occasionally the punishment for violating them outstrips what justice requires.
Woman Gets Criminal Record for Petting Dog
All Tamar Sherman wanted to do was pet a dog and give it some water. Sherman's act left her with a criminal record.A few months ago, Sherman was walking near her South San Jose home and encountered a dog left outside in the cold while its owners were inside.
Sherman, a member of a national group called Dogs Deserve Better, decided to pet the dog on a few occassions and once gave it water. That didn't please the dog's owner.
"When I went out there to fill up the dog bowl, this woman was standing in my back yard," attorney Ron Berki told the San Jose Mercury News. "My response was, 'Who ... are you?' She told me, 'I'm here to pet your dog.'"
For that, Sherman pleaded guilty this week to two misdemeanors trespassing and prowling and was sentenced to 75 hours of community service and a year of probation. She also was ordered to stay at least 100 yards away from Berki's home.
Berki denies that his dog, Bailey, was abused or neglected, saying the dog sleeps inside with him every night."If Miss Sherman was so concerned about my dog, it would have been easy to come to my front door and speak to me directly," he said.
Copyright 2004 The Associated Press. All rights reserved.
At the same time, I do enjoy hearing about strict property rights protection in the courts. I certainly don't see the courts doing this in enough cases...such as radio and television broadcasters.
That attempted push to further the invasion of private property I watched live on C-SPAN during lunch today.
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Sherman, a member of a national group called Dogs Deserve Better
Dude I dunno. At first I agreed. But that sentence has me bothered. Quite frankly, I wouldn't want any sort of animal rights related person near me or my pets. For the simple reason that we live in an age where even spanking a child can get a person in a lot of trouble. The last thing you want is your pets taken away, or a hefty fine because some snoopy PETA idiot was monitoring your pet for the first sign of 'abuse'.
Furthermore there is another aspect. Dogs are often kept for deterring thieves. Befriending a person's dog without their permission or presence, could be construed as preparing to rob the house. Or what if it was an activist, who did things to your dog and then claimed you did it.
Finally, the article says it was the backyard. I dont know about your backyards, but ours are out of bounds. You dont walk into a person's backyard. Front yard is a bit different, but backyards are fenced, and considered private. Im sure you understand why hefty action would be taken against a person who crosses that boundary.
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Ok, fine. So its really heavy based on what came out in court. You're right..but only this once! Next time, I will be right.
Posted by: Ken on March 12, 2004 04:20 AMIm with Ken.
The woman may have had warm intentions for the dog, but that doesn't excuse her from losing grip on reality, not to mention the law.
And why would the neighbors call the police on some young lady "petting a dog". Uh Uh, thats nonsense. Sounds more like a neighbor looking out for their fellow neighbor.
If her claim of the dog was being treated badly, don't you think a vet, a neighbor, or a police officer would have agreed or seen some "evidence" on the dog.
The woman retained an Animal Rights attorney and the case was held in a very liberal city. And she still got a hefty sentence.
I added a URL that has a better description of the story than the AP story. When you read both, you can tell which one did the actual homework on this one.
Posted by: TB on March 16, 2004 10:35 PMI find the actual news story from the San Jsoe Mercury News.
The story comes with pictures of the dog, dog with owner, and the young lady.
Dog looks better than average to me...
Posted by: TB on March 16, 2004 10:52 PMThanks, TB. Those articles clear up some of the situation for me. This is clearly a case of repeat criminal trespass. Ms. Sherman's flippant attitude about entering someone's property softens my sympathy for the punishment she received.
Ken, all good points.
Posted by: Drizz on March 17, 2004 08:09 AMSir/ Madam
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Your assistance is highly appreciated.
Regards
F. A. Malatiali