On November 6, 1999 in Martinez, 16-year-old Justin Nicholson had an argument with his girlfriend. When the girlfriend refused to come outside, he took his anger out on Duke, a four-month-old yellow Lab, who was kicked, thrown to the ground, kicked again, thrown into a metal post, and kicked some more before crawling under a car for protection. Earlier in the evening, Nicholson and a 17-year-old had attacked and smashed the arm of another teenager with a chunk of concrete.

Duke's leg was broken in three places and his pelvis cracked. Voices For Pets was called and met Duke and his family at VetSmart in Concord, where the initial treatment, x-rays, and evaluation was done. We then moved Duke to Concord Disney Pet Hospital for surgery, where two pins were inserted running from the hip through the knee joint and where Duke received 11 days of loving care before going home.

Duke's family was already having financial problems: The father had been off work for months due to serious medical problems and indeed had a 7-hour surgery the same day that Puppy Duke had his. Voices For Pets was also having financial problems. In addition to the increased number of cruelty cases we are responding to, we also had $3000 in unpaid veterinary bills that we were struggling to pay. How could we take on more? Well, one look at Duke and we said yes, we will take on Duke's veterinary bills and try to obtain justice for Duke and his family, and hopefully prevent this sadistic, cowardly punk from taking out his aggression on future victims.

We took a picture of Duke and contacted the media. The Martinez News-Gazette printed the picture and told Duke's story on page one. KGO, Channel 7, featured Duke's story on three different nights as the story developed. Ultimately, the Contra Costa Times and San Francisco Chronicle covered the sentencing.

Not only did many of you respond with letters to the court, but sent enough donations to not only pay for Duke's veterinary expenses but also most of our other outstanding veterinary bills, which included:

• Honey, an injured rabbit that was dumped in a city park.
• Buddy, a homeless dog with a broken hip.
• Justin, one of our foster kittens, with a deformed breastbone who needed surgery to allow his heart and lungs to develop.
• Tommy Turtle, with a cracked shell, whom witnesses say was intentionally run over by a car.
  

12/14/99

On Monday, December 13, Judge Lois Haight postponed the sentencing of two teenagers who had previously pleaded guilty to felony assault with a deadly weapon, and one of whom had additionally pleaded guilty to felony animal cruelty for attacking Duke, a four-month-old Labrador puppy. Both attacks had occurred on November 6, with the 16-year-old and 17-year-old first smashing the arm of another teenager with a chunk of concrete. Shortly after this, they had entered the backyard of the 16-year-old's ex-girlfriend's home, where the 16-year-old attacked the girl's puppy, Duke, breaking three bones in the puppy's leg and breaking his pelvis.

At a plea bargain hearing on November 29, Pro Tem Judge Stuart Willis, presiding in Judge Lois Haight's courtroom, had permitted the teenage victim's family into the hearing, but had refused to permit Duke's family to enter the courtroom. However, on December 13, Judge Lois Haight took control of her courtroom and decided that all the families had a right to attend the hearings and be included in the court proceedings. She further decided that the case would be opened up to the public and the media--an unusual move for a juvenile court case--with two restrictions: Duke will not be permitted in the courtroom, and the media will not be permitted to have any audio or visual recording devices.

Approximately twenty people showed up at the Martinez courthouse on Monday to show support for Duke. And many people wrote letters to Judge Haight. All of them made a powerful and unequivocal statement of support for Duke and his family. It is doubtful if the opening up of the court proceedings would have occurred had the court not been made aware of the significance of this case in the eyes of the community.

12/21/99

On December 22 at 1:30 p.m., at Martinez Superior Court, Department #10, 17-year-old Matthew Jagger and 16-year-old Justin Nicholson will be sentenced.

Both pleaded guilty to felony assault with a deadly weapon for smashing the arm of another teenager with a chunk of concrete and Nicholson pleaded guilty to Felony Animal Cruelty for attacking Duke, a four-month-old yellow Labrador puppy, breaking the puppy's leg and cracking his pelvis.

On November 6, pro tem Judge Stuart Willis allowed the teenage victim with a broken arm and his family into the plea bargain hearing but decided the puppy's family must remain outside.

On December 13, Judge Lois Haight took control of her court and said the families of all the victims "have a right to attend and will be included." She further decided that the case would be open to the public and the media--an unusual move for juvenile court--with two restrictions: The puppy will not be permitted in the courtroom and the media will not be permitted to have any recording devices.