DNA Evidence Revolutionizes Cruelty Cases in NYC
http://www.aspca.org/News/National/National-News-Detail.aspx?NDate=20110401&NType=National#News1
On March 8, two Humane Law Enforcement (HLE) cases resulted in landmark felony convictions—thanks in large part to DNA evidence. The ASPCA first performed DNA analysis related to an animal cruelty case in September 2008, but these recent cases are the first in which DNA has been entered as evidence during trial.
Dr. Robert Reisman, Medical Coordinator of Animal Cruelty Cases at the ASPCA's Bergh Memorial Animal Hospital, hailed the March verdicts as groundbreaking. “DNA analysis is pretty sophisticated science at this point,” says Dr. Reisman, who testified and conducted the forensic investigation in both cases, “and it’s very powerful evidence for a juror to hear.”
The cases also shine a light on HLE Agents’ resourcefulness and dedication, say both Dr. Reisman and HLE Assistant Director Joseph Pentangelo, who credited the Agents for “making good use of the newest tools to fight animal cruelty.”
The first conviction was for a 2008 incident in which a cat was doused with lighter fluid and set on fire. While investigating a Brooklyn building where the cat spent time, Special Agent Adam Gankiewicz found a vacant room with charred tile flooring—and in that room was a piece of what appeared to be skin.
DNA testing, performed at the Veterinary Genetics Laboratory at the University of California Davis Veterinary School, showed that the tissue matched that of the feline victim, establishing the crime scene. Based on this evidence, the perpetrator, 20-year-old Angelo Monderoy, was convicted of aggravated animal cruelty (and also of arson and burglary). He faces three to 15 years in prison and possible deportation to his native Trinidad.
DNA also identified the umbrella that Lordtyshon Garrett of Manhattan used in 2009 to beat a cat, who sustained a punctured lung and ultimately died. Special Agent Deborah Ryan had saliva from the umbrella matched to the DNA of the victim, which, along with Dr. Reisman’s testimony that the bite marks on the umbrella were defensive, helped clinch the case. Garrett, 33, was found guilty of aggravated cruelty, animal cruelty and criminal mischief and faces up to two years in prison.
“These cases pave the way for others in New York,” Dr. Reisman says, noting that two more DNA-supported animal cruelty trials are pending. “They could set precedent for other states as well.”
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