Anti-BSL Group, American Canine Foundation, Testified for Seller of Dogfighting Videos


Robert Stevens, Dr. I. Lehr Brisbin and Glen Bui of the American Canine Foundation.

Robert J. Stevens
Washington D.C. - On March 20, 2009, the defense team of Robert J. Stevens filed a Brief in Opposition for the pending United States Supreme Court's hearing of his case. In January 2005, Stevens was the first person found guilty of selling depictions of animal cruelty (dogfighting videos) under the 1999 federal animal cruelty law. He was sentenced to 37 months in prison. He appealed the case, which was subsequently overturned by the 3rd U.S. Circuit Court of Appeals.

The U.S. government appealed the Circuit Court ruling and the case currently lies before the United States Supreme Court.1

The Brief in Opposition filed by the defense reveals information about Stevens' original trial. Two of the three people mentioned in the Brief were members of the American Canine Foundation (ACF): Expert Dr. I. Lehr Brisbin and acting ACF Vice President, Glen Bui. The document describes the ACF as an organization working to "end animal cruelty," when in fact, the organization is a pit bull special interest group that sues municipalities that enact pit bull laws.

During Stevens' trial, the ACF was actively engaged in litigation against Denver and Aurora regarding their pit bull bans, as well as the State of Ohio (Toledo v. Tellings) regarding their pit bull law. Glen Bui testified in the Stevens' trial that, "Mr. Stevens' films were 'extremely educational' and had serious historical value documenting the history of dogfighting and its cultural role in Japan." The jury rejected the defense's testimony and convicted Stevens in 45 minutes.

Why would a pro-pit bull group (working to "end animal cruelty") testify on behalf of a person that sold depictions of dogfighting?

Dr. I. Lehr Brisbin, an expert witness for the ACF, also testified that the videos had serious "educational value." Brisbin is often quoted by pit bull advocates to dispel the "locking jaw" reputation pit bulls have gained, as well as the "pounds per square inch" bite power equation. Brisbin is a hog hunter (see: hog hunting video), and in 2007, testified on behalf of Ivan Ruiz, an alleged dog and cock fighter. After reviewing injury photos of Rivera's pit bull, Brisbin said:

"Those marks were more likely caused during a fence fight in which dogs will chew their way through a wood fence for better access. Fence fights are just a curse of owning a dog." Brisbin also said a treadmill, sticks used to separate dogs, wire muzzles, chains, harness and animal fighting publications found in Rivera's home are typical for dog breeders and kennel owners."

The American Canine Foundation now joins: Stop-BSL.com (Allie Renar), Responsible Dog Owners of the Eastern States (Sandra, Sandi Coy), Georgia American Pit Bull Terrier Club (Jere Alexander), Appalachian Pit Bull Club (Ed Faron), and the All American Dog Registry (Terry T. L. Williams) as anti-BSL organizations that DogsBite.org can tie to persons charged with (or convicted of) dogfighting related or animal cruelty crimes. These links, however, are just a snapshot of the larger picture.

United States of American v. Robert J. Stevens
Brief in Opposition
March 20, 2009

"At trial, Mr. Stevens presented expert testimony that each of the documentaries has substantial educational or historical value. Dr. I. Lehr Brisbin, a fellow of the American Association for the Advancement of Science and a Senior Ecologist and Adjunct Professor at the University of Georgia, testified that each of the documentaries has serious educational value. C.A. App. 563, 579, 580, 582. Dr. Brisbin stated that he would use "Japan Pit Fights" and "Pick-A-Winna: A Pit Bull Documentary" in his teaching and testimony before governmental bodies to demonstrate that Pit Bulls can be trained to relate to humans even after they have participated in hunting or fighting. Id. at 582. Dr. Brisbin also testified that "Catch Dogs and Country Living" teaches Pit Bull owners the "responsibility to do things right" if they choose to train their dogs for hunting. Id. at 582.

Michael Riddle, a recognized expert in large-game hunting, C.A. App. 599-600, stated that he thought "Catch Dogs and Country Living" was "very educational" because it informs hunters how to train their dogs for hunting and prepares them for the errors that dogs can make. C.A. App. 604-605.

Glen Bui, acting Vice-President of the American Canine Foundation, an organization working to "end[] animal cruelty," Bui Dep. at 13:19-20, testified that Mr. Stevens' films were "extremely educational" and had serious historical value documenting the history of dog fighting and its cultural role in Japan. Id. at 13:32-34.1 He also explained that images from Mr. Stevens' films had been extracted and used by animal rights organizations to campaign against dog fighting. Id. at 14:12-13.

After hearing that testimony, the jury was instructed, over Mr. Stevens' objection, that the statutory exception for images with "serious" religious, political, scientific, educational, journalistic, historical or artistic value applies only to images that are "significant and of great import." C.A. App. 641, 647.

The jury then convicted Mr. Stevens on three counts of violating 18 U.S.C. § 48. Pet. App. 4a. Mr. Stevens was sentenced to 37 months of imprisonment to be followed by three years of supervised release. Ibid.

4. a. On appeal, the United States Court of Appeals for the Third Circuit sua sponte heard the case en banc. The court then ruled that Section 48 is a facially unconstitutional content-based prohibition on speech that violApp. 1a-63a."

1On April 20, 2010 the U.S. Supreme Court struck down the federal law aimed at banning videos depicting graphic violence against animals. Justices said banning videos that depict dogfighting is an unconstitutional violation of free speech.

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2009 Dog Bite Fatality: 7-Month Old Boy Killed by Great-Grandmother's Pit Bulls in San Antonio

Izaiah Gregory Cox killed by great-grandmother's pit bulls
Izaiah Cox, 7-months old, was killed by his great-grandmother's two pit bulls.

Great-Grandmother Named
UPDATE 04/01/09: The grandmother has been identified as the toddler's 58-year old great-grandmother, Irma Barrera.1 Her two pit bulls, Cane and Wrinkle, were both male and unaltered. Barrera said she placed the baby on her bed then went into the kitchen to get a bottle for the baby. That's when the pit bulls broke through the baby gate and attacked the infant. Barrera said she tried to stab her dogs with a knife in an attempt to get them to release the injured baby.

03/31/09: Dog Mauling Victim Identified
The victim has been identified as 7-month old Izaiah Gregory Cox. Police said the deadly attack started in the kitchen area, when the grandmother was warming a bottle of milk for the boy. When she turned around, she saw her two pit bulls viciously attacking him. A separate article said the dogs "broke down the baby-gate" to reach the child. The grandmother grabbed a knife and fought the dogs off long enough to place him into a crib. Then her own family pit bulls turned on her.

      Investigators said the baby's grandmother was inside the home preparing a bottle for the baby, when the dogs broke down the baby-gate between the bedroom and kitchen. The dogs attacked Izaiah Gregory Cox. The police report says they "dragged [him] around like a rag doll."

The grandmother grabbed a knife and began stabbing the dogs to try to get them off of her grandson. She was able to get the boy into a crib, but the dogs then began to attack her. - News 4 WOAI, March 31, 2009

When EMS crews arrived at the Ruiz Street residence, they had to climb through a side window to get to the toddler, who later died at University Hospital of San Antonio. The dogs were shot to death by arriving police officers in the backyard -- the dogs' bodies were later taken away by animal control to be tested for rabies. The grandmother was also injured in the attack; she is still recovering at a local hospital. It's still unclear if anyone at the home will face any charges.

Related ZUPF video

03/31/09: Baby Killed by Grandmother's Pit Bulls
San Antonio, TX - A 7-month-old boy was brutally killed by pit bulls while visiting his grandmother's home. The attack occurred after she left the baby alone with her pit bulls while she warmed a milk bottle. In the 3-year period of 2006-2008, DogsBite.org recorded 88 fatal dog attacks. 14% (12) of all dog bite fatalities involved a "watcher," a person such as a grandparent or babysitter, watching a child between the ages of 0-4. Of these fatal occurrences, 75% (9) involved a grandparent.

Emergency responders arrived at the scene of the attack, but couldn’t get past the two dogs to help the victim, according to San Antonio Police Department Chief William McManus. Several minutes later, police arrived and shot the two dogs allowing paramedics to enter the house to treat the victims. The baby was transported to a hospital with "major bite wounds all over his body" and died shortly thereafter. The family pit bulls also attacked their owner, the child's grandmother.

Relatives said the grandmother frequently babysits her grandson, but also said that when the baby is around, the pit bulls are usually outside in a small fenced-in yard. The dogs were kind to the grandmother, relatives said, but were aggressive toward others. One relative said the dogs bit her 8-year-old niece in the face once, and added she thought the dogs should have been put down back then. A sign on the front gate warns pedestrians on the street to beware of the dogs.

Neighbors were unsurprised by the attack. "Are those dogs dangerous? You better believe it," said neighbor Larry Salazar, who gathered with several others after they heard the gunfire. Ramon Sanchez, whose grandmother lives next-door to where the attack took place, said the two dogs were at least 120 pounds each and were vicious. "Not even the mailman gets by that gate," Sanchez said. "I’m not surprised by the attack; I’m surprised that it took this long," Sanchez said.

partial photo of dog that killed Izaiah Gregory Cox

1The grandmother was originally identified as Irma Garcia.

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09/18/08:2008 Fatality: Pit Bulls Fatally Maul 4-Month Old in Las Vegas

2009 Dog Bite Fatality: 2-Year Old Boy Killed by Chained Pit Bull in Luling, Texas

tyson miller killed by chained pit bull
Tyson Miller, 2-years old, was mauled to death by a chained pit bull in Luling, Texas.

Mother Indicted
UPDATE 05/14/09: A Caldwell County Grand Jury indicted the mother of a 2-year-old boy this week who was attacked and killed by a chained up pit bull. Melissa Miller, 24, faces charges of injury to a child and criminally negligent homicide, both felonies, in the March 26 death of Tyson Miller, according to a Caldwell County press release. The grand jury returned the indictment after hearing testimony from Miller and her attorney, Matt Jones of Austin, the release said.

The destruction this chained pit bull has brought upon Melissa Miller and her family cannot be measured. Yet the actions of those involved cannot be excused either. DogsBite.org urges parents to keep their children away from chained dogs, especially if the animal is a pit bull, rottweiler or other powerful breed. Do not ever agree to "watch" one of these dogs for a friend or relative nor allow your children to visit the home of a friend or relative that owns a dangerous breed either.

The mother was later sentenced to two years in a state jail in connection to her son's death.

03/31/09: Mother Shares Story
Melissa Miller told CBS 42 reporters that she woke up at 6 am that morning to dress her 6-year old daughter, Valerie for school. Valerie's great-grandmother picked her up about an hour later. Miller said she forgot to deadbolt the door at that time. Exhausted after what she calls an irregular work schedule, Miller said she went back to sleep and woke up around 12:30 pm to find Tyson gone. She also said that Valerie and Tyson had only been staying at the trailer for five days.

Miller told us the owner of the pit bull was an acquaintance of one of the friends living in the house. Miller just moved into the mobile home two weeks before the attack. She said Valerie and Tyson had only lived there for five days, because they spent spring break with their grandmother.

“I knew there was a dog back there chained up, but I never knew what type of dog, or that it was pregnant or that it was a female.” - Katherine Stolp, CBS 42, March 31, 2009

03/30/09: Mauling Victim Identified
Authorities have released the name of the mauling victim. Deputy Luling Police Chief David Creed identified the toddler as 18-month old Tyson Miller, who had been staying with his mother, Melissa Miller, for about two weeks at a home in Luling, where the attack occurred. Creed said the child awoke before the adults that morning and went into the back yard where the female pit bull was chained. When the mother and her boyfriend awoke (about 12:30 pm), the boy was dead.

About the same time the couple began staying at the new residence, Miller and her boyfriend agreed to "watch" the pregnant pit bull for a "friend." The owner of the pit bull, a family friend named Amanda Ayala, signed a voluntary euthanasia order for her pit bull. Police officials have not filed any criminal charges yet. The case will now go to the Caldwell County District Attorney, whose office indicated to reporters that the case will go before a grand jury as soon as possible.

03/28/09: A Recipe for Disaster
Carol Escobedo said her two brothers were living at the trailer where the attack happened. She said one of her brothers -- whom she did not identify -- "had been keeping" the pit bull suspected of attacking the boy for a couple of weeks for a friend. The core ingredients of a fatal dog attack in this case are overwhelming: 1.) 0-2 year old child 2.) Pit bull 3.) Chained 4.) Pregnant 5.) New dog (at location just a few weeks) 6.) Adult "watching" the dog for a friend. Roy Mendiola, who lives down the street, said the dog, a grayish pit bull, was usually behind the trailer on a long chain.

03/27/09: Pit Bull Pregnant and Chained
New information has been released about the fatal pit bull mauling of a young boy reportedly named Tyson. One neighbor, Carol Green, said she saw the horrific attack with their own eyes. Police said the chained pit bull attacked the boy in a wooded area, where two other dogs still remained Thursday night. "There were some adults present (during the attack)," Luling Police Chief, John Cochran said. "But who and their relationship with the kid, I have no idea," he said.

“It was pretty bad, the dog, the pit bull mauled the baby and kept going for its head until he killed him,” said neighbor Carol Green ...

Friends of the family walked in and out of the mobile home hours after the attack, only a few, would stop to briefly talk with us.

“It was somebody else’s dog,” an unidentified man told the swarm of media.

“The dog was pregnant so they thought it would be fine,” Escovedo said.
The friends also told us about the deceased two year old boy, who they called Tyson. - Katherine Stolp, CBS 42, March 26, 2009

03/26/09: Owner of Dog Remains Unclear
Luling, TX - Authorities believe a 2-year old boy was killed by a pit bull in the backyard of his home. Shortly after noon on Thursday, 911 dispatchers received a call about a dog bite. When Luling police officers arrived at the home in the 900 block of Hackberry, they found the child's body with a female pit bull dog next to him. Investigators say the bite marks on the boy are consistent with being attacked by a dog. An autopsy is planned to determine the exact cause of death.

The boy and the female pit bull were reportedly found in the boy’s backyard, but police aren’t certain if this was the family’s dog. Family members told reporters that they "didn't know" where the animal came from and it was not theirs. Currently, police are interviewing family members to learn more -- including the identity of the 911 caller. The animal has been picked up and is now in the custody of Luling animal control officers. Police continue to investigate the boy's death.

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12/20/08: 2008 Fatality: 2 Pit Bulls Attack, Kill 60-Year-Old Rubidoux Man

2009 Dog Bite Fatality: 3-Year Old Boy Killed by Neighbor's Dog

killed by neighbor's husky
Dustin Faulkner, 3-years old, was mauled to death by his neighbor's husky.

Wolf-Hybrid Noted
UPDATE 03/25/09: A person under the username "family" left a message about the death of Dustin Faulkner indicating that the dog that killed the little boy was a wolf-hybrid, specifically a "half husky-half wolf." The last response written (March 23), said that the dog had been put down. No other details were provided. DogsBite.org will try to locate more information about the involved breed, in addition to whether or not the attack occurred "on-property."

03/24/09: Victim: Dustin Elijah Faulkner
Wayne County, GA - 3-year old Dustin Elijah Faulkner was killed by a neighbor’s dog this past Sunday. Investigators are still puzzled as to why the dog, a pet husky that had played with Eli before, suddenly attacked. The dog was shot by its owner Aaron Ralph who attempted to rescue Eli at the scene. According to Detective Bruce Williams of the Wayne County Sheriff’s Office, the dog had to break free from her collar on her chain before she could attack.

"Basically, what happened was the little boy and his neighbor were walking between the houses away from the dogs," Williams said. "The dog that attacked could not have gotten to them if he hadn’t gotten off his leash." Eli was walking with another child, a 5-year-old girl who lived next door. He got a sand spur in his foot, and was crying out as his friend tried to remove it when Tasha, the dog, suddenly broke free from her collar and attacked.

Williams said that she ran inside and got her mother’s roommate. He pulled the dog off and "shot the dog." Williams would not say at this point in the investigation whether or not negligence was involved in the case. Sheriff John Carter said that to the best of his knowledge, there have not been any problems with this dog showing vicious tendencies before. Carter also said that at this point, the case does not seem likely to lead to criminal charges.

Eli's mother had allegedly been reported to the Wayne County Department of Family and Children Services on more than one occassion. The incident is still under investigation.

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04/23/18: Fatal Wolf-Dog Hybrid Attacks - The Archival Record - DogsBite.org 

01/21/09: 2009 Fatality: Brianna Shanor, 8-Years Old, Killed by Chained Dog in Hanover
04/08/08: 2008 Fatality: Abraham Jonathan Tackett, Killed by Chained Dog