Jury Deadlocks in Trial of Officer in Dog’s Death

By TONY PERRY

April 5, 2000 12 AM PT

SAN DIEGO —

In the nation’s first such trial, a jury deadlocked Tuesday on whether a San Diego police officer was guilty of animal abuse in the on-duty death of his police dog.

The jury voted 9 to 3 in favor of acquitting Officer Lawrence Cahill, a 14-year veteran, of a misdemeanor charge in the heat exhaustion death of C.J., a German shepherd. The 7-year-old dog died after being left in the back seat of Cahill’s patrol car for 90 minutes on a warm day in July.

The city prosecutor argued that Cahill was negligent in not anticipating that the air conditioner in the police car was about to malfunction.

Testimony showed that Cahill had taken the car into the Police Department garage several days earlier complaining that the air conditioner was not cool enough, but was told to come back later. The defense disputed the prosecution’s contention that Cahill should have realized the air conditioner was on the verge of breaking down.

Cahill wept as he testified in the case and referred to the dog as “my partner in the field.” The two had been together for four years; since C.J.’s death, Cahill has been transferred out of the canine unit and into the Traffic Division.

He told jurors that he decided not to put the dog in one of the department’s kennels because they were dirty and flea-infested and C.J. might have been bitten by another police dog.

The 40-year-old officer was inside the department’s canine headquarters while the dog was left in the car with the car’s engine running.

Deputy City Atty. Jonathan Pyatt had asked jurors to send a message to police officers that a dog “is a living thing, not just a piece of equipment.” He referred to the dog as “badge C-1054.”

“This animal died a cruel death,” Pyatt said. “It could have been prevented in so many ways and it wasn’t. This is no different than any officer who fails to back up his fellow officer--it just happens that this partner was a dog.”

Pyatt said he will consult with City Atty. Casey Gwinn before deciding whether to seek a second trial. The city attorney’s office filed the charge upon the recommendation of the Police Department.

After the jury reported being hopelessly deadlocked, the president of the San Diego Police Officers Assn. called on the prosecutor not to seek a retrial. The case “should never have been brought to trial,” said association President Bill Farrar.

Cahill’s attorney, Richard Pinckard, said the death was a tragic accident that left Cahill badly shaken. Cahill paid to have the dog’s remains cremated and took an urn with the ashes to his home.

“Could he have done something different or better [to avoid the death]? Yes,” Pinckard said. “But his failure to do so does not constitute criminal negligence.”

After the dog’s death, maintenance workers examined the air-conditioning unit and found that it had been clogged with dog hair. Unlike some departments, San Diego does not equip its canine unit cars with so-called hot dog heat sensors that set off alarms and roll down the windows if the temperature gets too high.

Officials from the U.S. Police Canine Assn. and the North American Police Work Dog Assn. said this was the first case of an officer charged with the on-duty death of a dog. There are more than 10,000 dogs used by federal, state and municipal law enforcement agencies.

The trial set up a collision between two deeply held feelings among San Diego residents: respect for police officers and love for animals. During questioning by opposing attorneys, prospective jurors were probed for feelings about police officers and dogs; four prospective jurors were dismissed because they had been bitten by German shepherds.

The two main attractions that give San Diego its identity involve animals: Sea World and the San Diego Zoo. Animals at both institutions are given names and news of their births, deaths and breeding is followed closely by the local media.

On the other hand, surveys have indicated that the San Diego police enjoy widespread support, even in the midst of occasional controversies.

Only one officer in the 111-year history of the department has ever been criminally charged in an on-duty shooting. The officer was acquitted after a 1996 trial in which the jury deliberated for 10 minutes.

In the case of C.J., the jury deliberated six hours before informing Superior Court Judge Janet Kintner that further deliberation would be futile.

During the first days of the trial, Cahill appeared in court wearing his police uniform. Later, however, he wore civilian clothes after being warned by his bosses that department policy forbids officers on trial to wear their uniforms because it might imply that the department supports their assertion of innocence.

Police officials have declined to say whether Cahill faces disciplinary action because of the death of the dog.