Wednesday, March 19, 2008
Livingston, MI - An attorney representing a dog owner being charged in connection with two mauling deaths has filed motions in Livingston County Circuit Court challenging evidence. The motions were set to be heard today but have been adjourned to April 11. Bingham Farms attorney Daniel Blank is challenging the reliability of canine bite mark evidence and seeks to quash the District Court judge's decision to send the case against Diane Cockrell, 52, to Circuit Court for trial.
Blank also says the "gruesome photographs" of the victims, Edward Gierlach and Cheryl Harper, should not be shown to the jury. He says a medical examiner's testimony is sufficient and that the photographs would only "inflame" the jury. Last September, four dogs belonging to Cockrell killed Edward Gierlach and Cheryl Harper. Mr. Blank hopes to lift the blame off his client's shoulders by saying there is insufficient evidence to establish probable cause for two counts of involuntary manslaughter.
07/27/08: Coverage of the Double Fatal Dog Attack in Livingston, Michigan
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| 3/19/2008 7:43 PM |
"How did they get out? Did they dig under the fence? Had someone let them out? Did the gate fail in some respect? Did someone other than the defendant forget to close the gate? The possibilities are endless," Blank said. "The mere fact that the dogs were outside (the) defendant's gated residence does not establish probable cause that (the) defendant failed to use ordinary care in maintaining the dogs."
THEY"RE HER DOGS! ON HER PROPERTY! THEY"RE HER RESPONSIBILITY!
this lawyer is a scumbag.
| 3/19/2008 8:16 PM |
This is a HUGE case. It's a double homicide with a crime scene that would send seasoned professionals to seek PTSD counseling. It may get darn ugly before it is over -- and don't forget that all parties involved are still neighbors.
I'm sure Mr. Blank -- consider the name! -- is being over dramatic for the purposes of building his reputation as a lawyer. My take is Mr. Blank's defense will be found to be "blank," and lacking of substance.
On the other side of the equation is Mr. Morse, the prosecutor. Now that's someone to take seriously, and he seriously wants Cockrell behind bars. I'm sure that after hearing the case the juury will not look too fondly upon Cockrell, who's defense put the victims families through a second vicious attack.
| 3/23/2008 6:57 AM |
Gotta love it when one of these Lion Tamer complexed individuals disavows knowing their dogs were a lethal danger!
The shakey presumption of domestication that society affords the Pit Bull type dogs permits the "oops" defense.