Trial opens for father whose son was killed by family pit bull. Hennepin County Attorney Mike Freeman says the father has no remorse.
By Rochelle Olson, Star Tribune
"Little Zack," as his family called him, died of asphyxiation in a "violent, vicious, brutal attack," Assistant Hennepin County Attorney Amy Sweasy said in her opening statement today. Hennepin County Attorney Mike Freeman is making an uncommon trial appearance to help Sweasy on the case.
(Hmmm, when is the next election? Isn't this the same prosecutor who mentioned owning a golden retriever when the charges were filed? Why do I smell politics?)
Sweasy said the dog had bitten people, including Zack Jr., seven times in the years leading up to the death.
"Zack Jr.'s death was totally, completely avoidable and preventable," Sweasy said. Face was not a "docile" family pet and there was "no set of circumstances under which a child should have had access to the pet."
Zachary King Sr., who was upstairs asleep at the time of the attack, was charged with second-degree manslaughter in the case. He waived his right to a jury trial so a verdict will be decided by Hennepin County District Court Judge Kevin Burke, who is hearing the case.
(Good move. A jury would decide on the basis of common sense, but the judge might consider more arcane legal factors about degrees of negligence)
Defense lawyer Craig Cascarano said nothing in the dog's history would have suggested such an attack. "Little Zack played with Face as his brother," Cascarano said.
(I can't be the only one who finds this choice of words really unfortunate)
He called the decision to prosecute King "wrong," likening it to prosecuting someone for tearing the tags off a new mattress. "This is a family that did everything they could to take care of their children," he said.
(First, I seem to recall learning once upon a time that mattress tags are not supposed to be removed by the SELLERS of the mattress. People who own the mattress can remove the tags whenever they like. So the comparison is being made here is a comparison to a common misunderstanding, an urban legend, the true nature of which the defense attorney is ignorant of, what a pity.
Secondly, the comparison itself is lame and unfortunate. Tearing the tag off a mattress is harmless. In this instance, a child was killed. Better comparisons might involve, I don't know, a child climbing a tree when nobody was looking and falling. That would be a much better comparison from a defense point of view.
Other than the fact he was smart enough to request a judge instead of a jury, I'm not too impressed with the defense attorney, here)
But something went horribly wrong at the family's north Minneapolis home, as evidenced by numerous bloody photos. With homicide Sgt. Nancy Dunlap on the stand, Freeman showed photos of the home as Dunlap described blood in the kitchen, the stairwell and the basement.
After Face killed the boy, King shot him. Freeman showed photos of the dog lying dead in a pool of blood, filth and feces, still tethered to a pole. He asked Dunlap whether she saw any food or water for the dog. She said she did not.
Sweasy said Face was chained in the basement for 17 hours without food, water, exercise or an opportunity to relieve himself. Meanwhile, the female put [pit] bull, Ginger, and her puppies roamed the home.
(This paints an awful picture of filth and neglect)
Dunlap also talked about finding a muzzle for the dog under a compresser in the basement. Both the muzzle and the leash were introduced as exhibits.
In his cross-examination, Cascarano focused on a hole in the drywall near the dead dog. He asked Dunlap whether any one had looked inside for a bullet or tested the blood around the hole. She said no. He asked her what she believed caused the hole and she said, "Zack Jr.'s head."
(Never ask a question to which you don't know the answer, Mr. Defense Attorney. Not your best moment, here. I'll otherwise refrain from critiquing this "brother of the bar.")
Animal Control officer Tom Doty, who also arrived on the scene, described blood on the ceiling at the home. Freeman asked him about the impact of keeping the dog on a short leash for so long. "A dog has one of two things it can do when it perceives a threat: fight or flee," Doty said. "When I saw the dog tied so close to the wall, the first thing I thought was -- aggression."
Cascarano asked Doty whether he had gone through the basement to determine whether there were remnants of food for the dog. Doty said if there was food, it could possibly have been under the blood.
Freeman, the elected head of the county attorney's office, said he's personally trying the case because "the death of this young man was totally avoidable. The father has shown no contrition and no acknowledgement of wrongdoing."
(And that would have stopped the prosecution? I doubt it)
He noted that the King didn't train the dog or exercise him.
If convicted, sentencing guidelines call for King to be put on probation. He could be sentenced to up to 10 years in prison, although that is highly unlikely.
More than a couple dozen family members attended the trial, expected to last through Wednesday, in support of King. Some snickered when Burke ruled against Freeman on evidentiary matters.
(How odd, considering how badly the defense attorney seems to be doing. Stuff like "snickering" at the proceedings--and I'm sure it was affected, dramatic snickering and not actual spontaneous merriment--will hardly endear the King family to the judge. I'm interested to see how this sad, awful story turns out.
Plus these articles have made me very aware of pit bulls on the North Side. Good to know.)
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