http://www.sooeveningnews.com/articles/2008/02/08/news/news490.txt


Prosecutor returns fire from animal group

Story created Feb 08, 2008 - 12:07:40 EST.

Says abuse case prosecuted properly despite group's demands

MACKINAC COUNTY - Reached today in Traverse City, Mackinac County Prosecutor Fred Feleppa said a national animal rights group has substantially misrepresented details of an animal cruelty case currently pending in county courts.

The group this week circulated a news release heavily criticizing Feleppa for agreeing to an incomplete plea-bargained deal that will allow a Rexton man to take custody of some of the 42 animals seized last month in the heavily publicized case.

Feleppa confirmed that a plea arrangement is probably in the works involving the cruelty case against Larry Rooney of Rexton. He also confirmed that about one-third of the seized animals will be returned to Rooney under strict terms of supervision for the treatment of the animals.

Feleppa said because the case is still pending in the courts, he is limited in what he can say about the case or the arrangement - which has yet to be accepted by the court.
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Rooney was charged with misdemeanor animal cruelty in the case. Feleppa said his charge is based on state law, which specifies that animal cruelty is a misdemeanor. Had the cases arisen after April, he noted, felony charges would also be possible in similar circumstances.

Feleppa said the Rooney case was substantially hindered by the very early media exposure arranged before his office could adequately investigate. Animal control officials in Mackinac County called in a television news crew to show off the poor condition of Rooney's animals well before police and prosecutor had completed investigation of the incident.

Feleppa suggested that early exposure substantially compromised his investigation.

He also said the national animal group subjected him to a concentrated e-mail campaign, in which hundreds of animal people from around the country signed a pre-written e-mail “letter” prepared by the group to protest the proposed plea arrangement.

The embattled county prosecutor said the national animal rights group attempted to dictate his actions in the case, apparently insisting that a separate abuse charge be entered for each of the 42 animals. Feleppa said standing court procedure in Michigan requires that one charge be filed to cover multiple victims. He said penalties are effectively the same for a one-count charge or a 42-count indictment.


“I'm getting bullied by this PETA crew,” an angry Feleppa said today.

“Animal abuse is a terrible thing. I think we're doing right by the animals and Mr. Rooney. Hopefully, this will be a learning experience for everybody,” Feleppa said.

He said the remaining animals seized from Rooney will be forfeited to the county's animal control program. He also said thousands of dollars in donations from well-intentioned people who saw the initial TV coverage of the abused animals are being used as a kind of pry bar to force him to do what the animal group demands in the Rooney case.

He added that local animal partisans have threatened to return the donated money if he does not follow their wishes in the case. Feleppa also noted that he has any number of child abuse and child molestation cases and has yet to receive a single letter in essence telling him how to prosecute a case.

A press release circulated by the animal rights group contains a number of factual errors among its charges, including the number of animals seized. Feleppa said the group has every reason to know the correct information in the Rooney case.

He said his prosecution of the case and the plea arrangement ultimately agreed to follow all the standard guidelines for a misdemeanor case of this type in Michigan.

He also said Mackinac County stands to collect at least part of its costs through forfeiture proceedings in the Rooney case. It was not clear what claim, if any, the county can make on the donations sent in by TV viewer

Yep, bc, I agree with ya about the brass..

Now only if the judges could file a misdemeanor against the PETA folks for harassment. I mean they've got laws against phone misuse why not email misuse? Only seems right in my book.

THERE WE GO, FIXED IT.

ARA's don't love animals, they hate people.