2012-13 CASE MATERIALS

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2012-13 CASE MATERIALS

Copyright © 2012 by Indiana Mock Trial Association, Inc. All rights reserved.

Permission to duplicate portions of this manual for non-profit, educational purposes is hereby

granted, provided acknowledgment is given to Indiana Mock Trial Association, Inc.

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INTRODUCTION

On behalf of Indiana Mock Trial Association, Inc., we welcome your participation in the 2012-2013 Mock Trial competition. This year’s mock trial case takes us into the world of dog shows. The plaintiff has suffered injuries from a dog biting incident at the dog show. The breed is known for its aggressive tendencies, if not trained properly. The Plaintiff claims that the defendants knew of the dog’s propensity to bite. The defendants contend they exercised reasonable care. They argue that the dog was properly trained and was restrained at the time of the incident. The defendants also contend that the plaintiff provoked the dog to bite. Students – Through participation you will experience what it is like to prepare for and present a case before a judge. Working with your team and coaches, you will learn to evaluate information and respond quickly. As you prepare, you will sharpen public speaking and presentation skills. The greatest benefit is the opportunity to learn how the legal system works. By studying and understanding courtroom procedure, you should become more comfortable with federal and state laws as part of the legal system. Your interaction with some of Indiana’s finest attorneys and judges will give you a glimpse of the different interpretations of trial procedure and different approaches of individuals in the legal arena. Teacher Coach, Attorney Coach, or Judge – We strongly encourage you to focus on the goal of participation by students rather than stressing competition while preparing for the competition. Your contributions of time and talent make this educational opportunity available to Indiana students. Your participation is an essential key element to the success of this program. You can be proud of the impact you have made on the lives of these students.

Good Luck and Have Fun!

Copyright © 2012 by Indiana Mock Trial Association, Inc. All rights reserved. Permission to duplicate portions of this manual for non-profit, educational purposes is hereby granted, provided acknowledgment is given to Indiana Mock Trial Association, Inc.

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CASE BACKGROUND

The Fort Wayne Coliseum was staged and ready for one of the Midwest’s premier events - the Donnybrook Dog Show. However, things didn’t go quite as planned. One of the entrants in the non-sporting group, a Chow Chow named Grendel, attacked and bit another dog owner and handler, Plaintiff Page Turner.

Grendel is owned by Defendant Ty/Tai Coon, who has amassed wealth as a venture capitalist, and is addicted to accumulating blue ribbons and showing his/her dogs at dog shows. Grendel's handler, Defendant Cody Pendant, is eager to please Coon. Cody is young and inexperienced, but is a rising star on the dog show circuit. Although Grendel was restrained, Cody lost control of Grendel at the show when Grendel bit the plaintiff, Page Turner. At the time of the incident, Cody was puzzled why Grendel would have suddenly attacked Turner, seemingly unprovoked.

Turner also had a dog entered in the dog show. Turner is the owner and handler of a Chow Chow named Ares. Turner has limited resources and is resentful of those with lots of wealth that can enter their dogs in numerous shows and use professional handlers. Turner works part-time as a barista, and part-time as a free-lance writer. The dog bite that Turner has suffered has turned out to be helpful in getting the attention of publishers in a book by Turner on dog shows.

There is some evidence that Turner may have used a clicker to provoke Grendel to attack. Turner may have learned about Grendel's irritation to the clicker noise from Grendel's prior handler, Carson O. Jennick. Carson had a contract with Ty Coon to train Grendel. But Ty Coon breached the contract and switched to Cody as Grendel's handler. Carson is not only angry and resentful that Cody is now training Grendel, but Carson also believes Cody doesn't follow the proper etiquette for dog shows and “needs to be taught a lesson.”

Plaintiff’s Witnesses: Page Turner - Plaintiff and Owner/Handler of Ares Carson O. Jennick - Prior Handler of Grendel Les Payne, M.D. – Treating Physician Defense Witnesses: Ty/Tai Coon – Co-Defendant and Owner of Grendel Cody Pendant – Co-Defendant and Handler of Grendel Dee Barker, D.V.M. - Veterinarian of Grendel Exhibits:

1. Excerpt from AKC Rules & Regulations 2. Photograph of Grendel 3. Photograph of the Clicker 4. Excerpts of Page Turner’s Blog 5. Curriculum Vitae of Les Payne, M.D. 6. EMT Record for Page Turner 7. Medical Records Excerpts of Page Turner 8. Cody Pendant’s Training Notes for Grendel 9. Curriculum Vitae of Dee Barker, D.V.M. 10. Dr. Barker’s Records of Grendel 11. Dog Attacks Chart by Breed

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The Case Background is not to be used as evidence in the case, but rather is provided for background

purposes only. This case is a work of fiction. The names and events described herein are intended to be

fictional. Any similarity or resemblance of any character to an actual person or entity should be regarded

as only fictional for purposes of this mock trial exercise.

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STATE OF INDIANA ) ) SS: IN THE MARION CIRCUIT COURT MARION COUNTY ) PAGE TURNER ) ) Plaintiff, ) ) v. ) CAUSE NO.: 49C01-1111-CT-0596 ) TY/TAI COON and CODY PENDANT ) ) Defendants. )

COMPLAINT

Plaintiff, Page Turner, by counsel, files this Complaint against the Defendants, Ty/Tai Coon and

Cody Pendant, and states:

General Allegations

1. Plaintiff is a resident of Greenwood, Johnson County, Indiana.

2. Defendant Ty/Tai Coon is a resident of Indianapolis, Marion County, Indiana and is the

owner of a Chow Chow dog named Grendel.

3. Defendant Cody Pendant, d/b/a Wags to Riches, is a resident of Fortville, Hancock

County, Indiana, and purports to be a professional dog handler.

4. Defendant Coon hired Defendant Pendant to train and handle Grendel.

5. On November 11, 2011, Plaintiff Turner was at the Coliseum in Fort Wayne, Indiana for

the Donnybrook Dog Show, where Grendel was entered to compete in the nonsporting breed group.

6. While at said dog show, Grendel viciously attacked Plaintiff Turner.

7. At all relevant times herein, Defendants Coon and Pendant knew the Chow Chow breed,

if not properly trained and handled, to be ferocious, vicious, and accustomed to attacking and biting

mankind.

8. At all relevant times herein, Defendants Coon and Pendant had knowledge of the

Grendel’s vicious propensities to attack and bite others.

Count I – Negligence of Defendant Coon

9. Plaintiff incorporates the allegations in Paragraphs 1 through 8 of the Complaint as if

fully set forth herein.

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10. Defendant Coon was negligent in failing to properly restrain Grendel at the Donnybrook

Dog Show in violation of the City of Fort Wayne Ordinance.

11. Defendant Coon was negligent in hiring Defendant Cody, a young and inexperienced

trainer to handle, Grendel, a large, strong and vicious dog in careless disregard for the duty of care owed

to Plaintiff.

12. Defendant Coon failed to take reasonable care in guarding against vicious attacks by

Grendel, who showed previous indications of a propensity to attack and whose breed is known to attack

and bite others, if not properly trained.

13. As a consequence of the negligence of Defendant Coon, Plaintiff Turner incurred

personal injuries, medical expenses, lost income and damages.

14. The injuries and damages sustained by Plaintiff were proximately caused by the

negligence of Defendant Coon.

WHEREFORE, Plaintiff, Page Turner, prays for damages against Defendant Coon for the injuries

and damages suffered, and all other just and proper relief.

Count II – Negligence of Defendant Pendant

15. Plaintiff incorporates the allegations in Paragraphs 1 through 8 of the Complaint as if

fully set forth herein.

16. Defendant Pendant was negligent in failing to properly restrain Grendel at the

Donnybrook Dog Show in violation of the City of Fort Wayne Ordinance.

17. Defendant Pendant failed to adequately train and handle Grendel, a large, strong and

vicious dog.

18. Defendant Pendant failed to take reasonable care in guarding against vicious attacks by

Grendel while in Pendant’s control and possession.

19. As a consequence of the negligence of Defendant Coon, Plaintiff Turner incurred

personal injuries, medical expenses, lost income and damages.

20. The injuries and damages sustained by Plaintiff were proximately caused by the

negligence of Defendant Pendant.

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WHEREFORE, Plaintiff, Page Turner, prays for damages against Defendant Coon for the injuries

and damages suffered, and all other just and proper relief.

/s/ Casey Hertz . Casey Hertz, esq.

CASH FURR HERTZ, PC 1000 Meridian Street

Indianapolis, IN Attorney for Plaintiff

JURY DEMAND

Plaintiff respectfully requests trial by jury.

/s/ Casey Hertz . Casey Hertz, esq. Attorney for Plaintiff

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DEFENDANT’S ANSWER TO COMPLAINT

The Defendants, Ty/Tai Coon and Cody Pendant, for their answer to the Complaint

1. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 1 of the Complaint.

2. Defendants admit the allegations of paragraph 2 of the Complaint.




6. Defendants deny the allegations of paragraph 6 of the Complaint.



Count I

9. Defendant Coon incorporates herein by reference its answers to the allegations of paragraphs 1 through 8 of the Complaint.

10. Defendant Coon denies the allegations of paragraph 10 of Count I of the Complaint.



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WHEREFORE, Defendant Coon prays for judgment in his/her favor, that Plaintiff take nothing by

way of his/her complaint, for costs, and all other just and proper relief.

Count II

15. Defendant Pendant incorporates herein by reference its answers to the allegations of paragraphs 1 through 8 of the Complaint.

16. Defendant Pendant denies the allegations of paragraph 16 of Count II of the Complaint.





WHEREFORE, Defendant Pendant prays for judgment in his/her favor, that Plaintiff take nothing

by way of his/her complaint, for costs, and all other just and proper relief.

AFFIRMATIVE DEFENSES

First defense The sole proximate cause of the injuries and damages allegedly sustained by plaintiff was plaintiff's own negligence, and for that reason, plaintiff is not entitled to recover.

Second Defense The injuries and damages allegedly sustained by the plaintiff were caused in whole or in part, or were contributed to, by the negligence or fault of the plaintiff, and for that reason, the plaintiff is not entitled to recover, or, plaintiff's damages must be reduced accordingly.

Third Defense Plaintiff assumed and/or incurred any risk and for that reason, plaintiff is not entitled to recover.

Fourth Defense At all relevant times, Defendants complied with any and all applicable state, federal, and local

laws, rules, and regulations.

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Fifth Defense Plaintiff failed to mitigate his/her injuries and damages. WHEREFORE, the Defendants pray that plaintiff take nothing by way of his/her complaint; that judgment be entered in favor of defendants; and for such other and further relief as is just and proper. /s/ Yul C. Goodwins . Yul C. Goodwins, esq. GOODWINS LAW OFFICES 26 West Main Street Carmel, IN Attorney for Defendants

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STIPULATIONS

Note: No witness may contradict or deny knowledge of the facts contained in the stipulations.

1. All exhibits included in these Case Materials are authentic and accurate in all respects; no objection to the authenticity of these exhibits will be entertained. Unless stated otherwise herein, the admissibility of the exhibits on other grounds may be challenged.

2. All witness statements were signed under oath by each witness.

3. The parties stipulate and agree to the admissibility of Exhibit 1, without objection.

4. The parties stipulate and agree that Exhibit 2 (Photograph of Grendel) is the original photograph of Grendel and accurately depicts Grendel as of November 11, 2011.

5. The parties stipulate and agree that Exhibit 3 (the Clicker) is a photograph of a clicker used for dog handling, and the Exhibit may be offered for illustrative purposes.

6. The parties stipulate and agree that the Curriculum Vitae of Les Payne, M.D. (Exhibit 5) and Dee Barker, D.V.M. (Exhibit 9) are admissible, without objection.

7. The parties stipulate that Exhibit 6 is admissible, without objection.

8. The parties stipulate that Page Turner’s lost wages from November 11, 2011 to November 5, 2012 was $23,000, and that Page Turner’s medical expenses relating to his/her dog bite injury totaled $65,000.

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APPLICABLE LAW

Burden of Proof in Negligence Cases

The plaintiff has the burden of proof by a preponderance of the evidence on the following propositions: a. that the defendant was negligent in one or more of the ways claimed by the plaintiff; b. that the plaintiff was injured; and c. that the negligence of the defendant was a proximate cause of the injuries to the plaintiff. Negligence Negligence is the failure to use reasonable care.

A person may be negligent by acting or by failing to act. A person is negligent if he or she does something a reasonably careful person would not do in the same situation or fails to do something a reasonably careful person would do in the same situation. Reasonable or Ordinary Care Reasonable or ordinary care is the care a reasonably careful and ordinarily prudent person would use under the same or similar circumstances. Reasonable care does not require a person to foresee and guard against that which is unusual and not likely to occur. Violation of Ordinance by Defendant

If a defendant violates an ordinance before or at the time of the occurrence, such violation is evidence

of negligence which may be considered, together with all the other evidence, in deciding whether

defendant was negligent.

Proximate Cause An act or omission is a proximate cause of an injury if the injury is a natural and probable consequence of the act or omission. To establish that an act was the proximate cause of damages, a party must show:

(1) That damages would not have occurred but for another’s negligence; and (2) That damages were reasonably foreseeable as the natural and probable consequence of

the other’s negligence.

CASE LAW:

Pozanski v. Horvath 788 N.E.2d 1255 (Ind. 2003) “The ‘very act of unprovoked biting’ by a dog does not necessarily mean the dog is dangerous or vicious. Under our common law, all dogs, regardless of breed or size, are presumed to be harmless domestic

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animals. This presumption is overcome by evidence of a known or dangerous propensity as shown by specific acts of the particular animal. A dangerous propensity is a tendency of the animal to do any act that might endanger the safety of persons or property in a given situation. Thus, depending on the facts of a particular case, a dog's unprovoked biting may or may not be evidence of the dog's vicious tendencies.”

“When wild animals are kept as pets, an owner is liable for injuries caused by the animal. This is so

even if the owner had no prior knowledge of the animal's propensity to cause harm, and even if the owner has exercised the utmost care in preventing harm. In essence, strict liability is imposed on owners of wild animals. Owners of domestic animals may also be held liable for harm caused by their pet but only if the owner knows or has reason to know that the animal has dangerous propensities. As with wild animals this liability also attaches regardless of the amount of care exercised by the owner. However, unlike with wild animals, when the owner of a dog has knowledge of its dangerous propensities, the rules of liability are based upon negligence and not strict liability. Because it is an action sounding in negligence, the defenses of contributory negligence and assumption of risk are available to limit this liability.”

“When an owner does not know of his animal's dangerous propensities, the rule is not that the jury may infer or impute such knowledge. Rather, the rule is that the owner is bound to know the natural tendencies of the particular class of animals to which the dog belongs. If the propensities of the class to which the dog belongs are the kind which one might reasonably expect would cause injury, then the owner must use reasonable care to prevent injuries from occurring.”

“Thus, where there is no evidence of an owner's actual knowledge that his or her dog has dangerous propensities, the owner may nonetheless be held liable provided there is evidence that the particular breed to which the dog belongs has dangerous propensities. And this is so even where the owner's dog has never before attacked or bitten anyone. In essence, a jury may not infer that an owner knew or should have known of a dog's dangerous or vicious propensities from the fact of a first time, unprovoked biting. Rather in such an instance, a jury may infer that the owner knew or should have known of the dog's dangerous or vicious propensities only where evidence shows that the particular breed to which the owner's dog belongs is known to exhibit such tendencies.”

Plesha v. Edmonds, 717 N.E.l2d 981 (Ind. App. 1999) “Under our common law all dogs, regardless of breed or size, are presumed to be harmless, domestic animals. This presumption is overcome by evidence of a known or dangerous propensity as evidenced by specific acts of the particular animal. When such is the evidence a duty arises for the owner or keeper to use reasonable care to prevent the dog from biting someone.” “When negligence is claimed, in the absence of evidence that the owner knew or should have known of a vicious tendency, the rule is simply that the owner of a domestic animal is bound to know the natural propensities of the particular class of animals to which it belongs. If these propensities are the kind which might be reasonably expected to cause injury, the owner must use reasonable care to prevent the injuries from occurring.” “Maintaining a dog in Indiana imposes on a dog owner the duty of reasonable care, even when the

owner is unaware of the dog's vicious or dangerous propensities. Without knowledge of the dog's

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vicious or dangerous propensities, the owner may become liable for damages the dog causes where the

owner is otherwise negligent in the manner of his ‘keeping and control’ of the dog. Above all, an owner

is bound to know a dog's natural propensities and use reasonable care to prevent injuries which might

reasonably be expected from those propensities.”

Alfano v. Stutsman 471 N.E.2d 1143 (Ind. App. 1984)

“Even in the absence of knowledge that a dog is dangerous, the owner or keeper of animals may

become liable for damages they cause where the owner or keeper is otherwise negligent in the manner

of their keeping and control.”

“The owner was bound to know the possibility that the dog might become excited or confused under the circumstances and was bound to use reasonable care to prevent the mishap.”

“Under our common law all dogs, regardless of breed or size, are presumed to be harmless, domestic animals. This presumption is overcome by evidence of a known or dangerous propensity as evidenced by specific acts of the particular animal.. When such is the evidence a duty arises for the owner or keeper to use reasonable care to prevent the dog from biting someone.” “When negligence is claimed, in the absence of evidence that the owner knew or should have known of a vicious tendency, the rule is simply that the owner of a domestic animal is bound to know the natural propensities of the particular class of animals to which it belongs. If these propensities are the kind which might be reasonably expected to cause injury, the owner must use reasonable care to prevent the injuries from occurring.” STATUTES AND ORDINANCES:

15-20-1-3 Liability of owner for unprovoked dog bites [editor note: relates to dog bites of

governmental employees, and thus provided only for reference]

(a) If a dog, without provocation, bites a person: (1) who is acting peaceably; and (2) who is in a location where the person may be required to be in order to discharge a duty

imposed upon the person by: (A) the laws of Indiana; (B) the laws of the United States; or (C) the postal regulations of the United States;

the owner of the dog is liable for all damages suffered by the person bitten. (b) The owner of a dog described in subsection (a) is liable for damages even if: (1) the dog has not previously behaved in a vicious manner; or

(2) the owner has no knowledge of prior vicious behavior by the dog. 15-20-1-2 “Owner” defined As used in this chapter, “owner” means the owner of a dog. The term includes a person who possesses, keeps, or harbors a dog.

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City of Fort Wayne Ordinances:

§ 91.020 RESTRAINT OF ANIMALS.

All animals shall be properly restrained as defined in this chapter.

§ 91.021 FASTENING ANIMALS WITH ROPE OR CHAIN; CHOKER COLLAR.

(A) No animal shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the

animal's neck. Animals that must be tied, hitched or fastened to restrain them must wear a properly

fitted collar or harness made of leather or nylon, not of the choker type. This is not to prohibit the

proper use of choker collars in the training of animals. The tying device shall be attached to the animal's

collar or harness and shall be at least six feet in length and must have a swivel device on the anchor and

collar end to prevent tangling.

(B) No person shall chain their dog using an agitation collar; a collar exceeding 1½ inches wide for any

dog under 60 pounds. Dogs over 60 pounds shall not be tethered using a collar exceeding 2 inches in

width.

(C) An animal that is tethered must have access to adequate shelter at all times.

(D) A person shall not chain or tether a dog with a chain or tether that weighs more than one-eighth of

the dog's body weight.

(E) A person shall not tether an animal in a manner that permits the animal to leave the person's

property.

§ 91.034 DANGEROUS ANIMALS PROHIBITED.

(A) Potentially dangerous dogs. Classification of a dog as potentially dangerous shall be based upon

specific behaviors exhibited by the dog and defined injuries caused by the dog. These levels are not a

progression and nothing shall prohibit the court from starting at any level. For purposes of this chapter,

injuries and behaviors are defined in various levels of potentially dangerous dogs. Upon finding by the

court that a violation of this section has occurred the court shall declare the behavior to fall within one

of the following levels and impose upon the owner/ harborer of the dog the following conditions:

(1) Level 1 behavior is established if a dog is running at large and causes injury to another animal or

human that results in an oral scratch or less than four punctures. Upon a finding by the court that this

has occurred the court may impose a penalty under §91.999 and shall order that:

(a) The dog shall be spayed or neutered.

(2) Level 2 behavior is established if the dog is running at large and causes injury to a domestic animal

that may include tearing or death. Upon a finding by the court that this has occurred the court may

impose a penalty under § 91.999 and shall order that:


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(b) Court ordered deferral mandatory, if available.

(3) Level 2 behavior may also be established if a dog is running at large and causes injury to a human

that is more than four punctures. Upon a finding by the court that this has occurred the court may

impose a penalty under § 91.999 and shall order that:

(a) Dog shall be spayed or neutered.


(c) No tethering if unattended by an adult or as prohibited by §91.021(D).

(d) Confinement as directed in writing by the Fort Wayne Animal Control.

(4) Level 3 behavior is established if a dog is running at large and causes injury to a human that results in

deep punctures (four or more) may include crushing or tears from shaking. Upon a finding by the court

that this has occurred the court may impose a penalty under § 91.999 and shall order that:



(c) No tethering if unattended by an adult or as prohibited by § 91.021(D)

(d) Humane muzzle and leash when off property.

(e) Confinement as directed in writing by Fort Wayne Animal Control.

(5) Level 4. Repeat of any levels of classification offense will initiate a dangerous dog investigation or an

increase in classification of the dog.

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(7) Classification. If a dog is classified under this section as a Level 1, 2, 3, or 4 potentially dangerous dog

the owner or harborer shall comply with the restrictions as defined in this section. Failure to comply

with the specified restrictions shall be a violation of this chapter for which a fine may be imposed.

Additionally, the director of the Fort Wayne Animal Control shall have the authority to impound and

hold the dog pending disposition by the court.

(8) Non-progression. Notwithstanding the foregoing sections, the Director of Animal Control may elect

to proceed directly to the charge of dangerous animal pursuant to division (B) below.

(B) Dangerous animals prohibited.

(1) Ownership/possession prohibited. No person shall own, keep, or harbor a dangerous animal within

the city; provided this section shall not apply to animals under the control of a law enforcement or

military agency. An animal may be declared dangerous if it exhibits vicious behavior in present or past

conduct, including but not limited to:

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(a) Evidence that the animal has bitten or attacked a person and/or an animal three times; or

(b) Did bite or attack, a person or an animal, once causing wounds or injuries creating a potential danger

to the health or life of the victim; or

(c) Could not be controlled or restrained at the time of a bite or attack upon an animal or a person; or

(d) A dog that has been purchased, bred, sold, trained, or harbored for the purpose of dog fighting; or

(e) The animal has been microchipped by a licensed veterinarian or the Department of Animal Control

for the purpose of determining a positive occurrence of a prior bite or attack.

§ 91.035 BITING ANIMALS; REPORT; PROCEDURE.

(A) The person responsible for any animal which has bitten a person or another animal must report the

incident to the Department of Animal Control. Upon receiving the report of a bite, the shelter will

quarantine the animal for 10 days with the place of confinement to be in the discretion of the

Department of Animal Control. During the quarantine period, the animal is to be securely confined and

kept from contact with any other animal or person. (B) (1) During the quarantine period, the owner

must provide a current rabies vaccination certificate for his or her cat or dog that is being quarantined.

(2) If the animal is quarantined at the shelter, a microchip shall be implanted in it prior to its release

from quarantine. The animal shall be registered for its life with the Department of Animal Control. The

cost of the implant shall be at the owner's expense before release.

* * *

(5) The microchip and its corresponding registration history shall be considered prima facie evidence for

any future dangerous animal determination in accordance with §91.034, dangerous animals.

§ 91.037 TRAINING METHODS.

No animal may be induced or encouraged to perform through the use of chemical, mechanical,

electrical, or manual devices in a manner which will cause or is likely to cause physical injury or

suffering.

§ 91.077 NOISY DOGS.

No person shall allow the continuous barking, yelping, whining or howling of a dog. The Animal Control Officer may take steps immediately to correct the situation and cause the noise to be abated, either through issuance of a citation; or impounding the animal if no owner or agent can be found at the time of disturbance.

Dog Restraint Laws and Provisions Off Property - All dogs must be under the physical control of the owner or attendant by leash when off the owner's property.

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Statement of Page Turner 1

My name is Page Turner. I live at 446 Euclid Avenue in Greenwood, Indiana. I am 33 years old. 2

I earned my Bachelor of Arts in Classics from Northwestern University in 2000, and in 2002, I earned a 3

Masters of Fine Arts in Creative Writing with a focus on fiction from Washington University in St. Louis, 4

Missouri. I was fortunate to receive scholarships to attend these prestigious schools. Otherwise, I would 5

not have been able to attend either University. My family has modest means. After I received my MFA, 6

I stayed in the St. Louis area for a couple of years trying my hand as a free-lance writer. I returned 7

“home” to Greenwood eight years ago. I moved back to Indiana to be closer to my parents, who need 8

more assistance as they grow older. I also needed a fresh start of sorts. I was not making it as a writer, 9

even though it wasn’t for lack of trying. I had submitted many pieces for publication, but most were 10

rejected and some didn’t even receive a response. Returning home was my safety net. Picking up and 11

moving was easy – I didn’t have a steady job, and I was single with no kids. 12

My dogs are my kids now. I have two male dogs – Zeus and Ares. Ares is the son of Zeus. Zeus 13

is 8 years old. Ares is now 4. Zeus and Ares are “Show Dogs,” but they are first and foremost pets and 14

part of my family. Zeus is a Champion. Ares is on his way to a Grand Champion title. Zeus and Ares are 15

purebred Chow Chows. 16

A Chow Chow can show aggressive behavior. He will defend himself and his family. The key to 17

training a Chow Chow is consistency with voice commands, word choice and tone. Successive 18

threatening movements can trigger a dog’s defensive reflexes. 19

Zeus and Ares are both AKC registered. AKC stands for the American Kennel Club. The 20

American Kennel Club was established to promote breeding and advancement of purebred dogs. The 21

AKC recognizes 173 breeds of dogs. AKC registration means a dog, its parents, and ancestors are 22

purebred. If a dog is registered through the AKC, it can compete in one of the AKC sanctioned events or 23

dog shows. I chose Zeus first as a house pet. I had no idea Zeus would become a champion. 24

There are over 15,000 AKC sanctioned events each year. If you have the money and the time, 25

there is a dog show somewhere. In the United States, there are only about fifteen days throughout the 26

year where there is not a dog show somewhere. 27

Dogs can compete in agility, obedience, showmanship, hunting tests and herding trials. Dog 28

shows draw over three million annually. What most people think of as a dog show is the sport of 29

conformation. Conformation is the evaluation of dogs on how they measure up to the breed standard. 30

Conformation events can be small, local events that are breed specific or large shows that are all breeds. 31

There are three types of conformation events: (1) All Breed Shows for any and all of the AKC breeds , 32

(2) Specialty Shows which are limited to a specific breed, and (3) Group Shows for breeds within one of 33

the seven AKC recognized groups: Sporting, Hounds, Working, Terrier, Toy, Herding, and Non-sporting. 34

The Chow Chow is in the non-sporting group. 35

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In order to compete, a dog has to be at least 6 months old, AKC registered, and meet the 1

eligibility requirements for the particular breed. Of course, the dog cannot be spayed or neutered 2

because the sport is all about evaluating breeding stock. 3

At a conformation event, dogs are presented to a judge by the owner, the breeder, or a 4

professional handler. The judge, who is an expert on the particular breed or group, evaluates each dog 5

to determine how close it compares to the judge’s image of the “perfect dog” as delineated in the 6

official breed standard. That official standard describes the characteristics necessary for that breed to 7

perform the functions for which it was bred, taking into account its temperament, structure, and 8

movement. 9

The first goal for those of us who are involved in dog shows is to achieve the “Champion” title, 10

shown by a “Ch” prefixing a dog’s official name. A Champion designation, or “finishing” a dog, is a 11

prestigious achievement. It reaffirms that your dog is special and it increases its breeding value. 12

Most people who enter their dogs in a conformation event do so for the points. There is an 13

elaborate point system that recognizes a dog as a Champion or Grand Champion. The dogs compete in 14

certain classes depending upon their age and whether they have championship status. Male and female 15

dogs always compete separately. All dogs that win first place in a class then compete again to see who 16

the best of the winning dogs is for the Best of Breed award. Then each of the Best of Breed winners 17

compete for Best of Group, followed by Best in Show (BIS). 18

Ribbons are awarded to the winning dogs. Each award has a different ribbon color. Blue is 19

awarded for first place in a class, and is also awarded to the winner of each group. Highly coveted 20

ribbons are the Purple (Winners Dog) and Purple and Gold (Best of Breed), allowing further 21

advancement in the competition and championship points earned. The ultimate award is the Red, 22

White and Blue Award for Best in Show. 23

To become a “Champion of Record,” a dog must accumulate fifteen points. The points have to 24

be awarded by at least three different judges. This prevents receiving too many points from a judge that 25

may have a bias toward that particular dog. In addition, the dog has to win two “majors.” A major is a 26

dog show that has a large number of entrants and thus is more difficult to win. The winner at a major 27

show receives three, four, or maybe even five points. The maximum number of points awarded to a dog 28

at a show is five points. To receive Grand Championship status, a dog must accumulate 25 points, with 29

points from at least four different judges. The dog must be awarded three major wins, won under three 30

different judges. Also, at least one Champion of Record must be defeated at three of these shows. 31

The AKC has strict rules and regulations that govern every aspect of the competition, including 32

rules about dogs that attack or are a menace. Exhibit 1 is a true and accurate excerpt of the AKC Rules 33

and Regulations relating to such conduct. The rules are strict. A dog will be disqualified if it shows 34

aggression toward the judge. If the dog tries to bite the judge, the dog’s out. The dog will be suspended 35

from all showing and must apply for reinstatement. To be reinstated, the dog must appear before three 36

separate judges for inspection. If it passes the test and shows no inappropriate behavior it will be 37

reinstated. But, dog show people are a small group, so to speak, and if you have a dog that has shown 38

25

aggression in the ring, you might as well forget your chances of stud fees to breed your dog or having 1

judges look at your dog favorably. 2

I, like so many others, got started down the road of dog shows by buying a dog. Dog shows were 3

not even on my radar screen. Then, I was talked into going to a dog show. I resisted the suggestion at 4

first. I said, “I’m not putting my dog in shows. It’s a pet.” Next thing you know, I’m showing my dog. 5

Once I started winning ribbons, I was hooked for life. Winning is fun! 6

Ever since showing Zeus in my first conformation event, I have been an owner/handler. I am 7

part of a dying breed of owners that show their dogs themselves. 8

Dog Shows, for some, are a big business. You can make money breeding a dog, but you have to 9

have the right dog. One factor is the credentials of having a Champion or, better yet, a Grand Champion 10

title. The other factor is the breed. Some breeds are more desirable or “hot” than other breeds. As 11

with everything else in our current economy, more money is coming from outside the country from 12

people with money to spend. China, for example, is a country that is in a buying frenzy of purebred 13

dogs, in particular Chinese dogs, like the Tibetan Mastiff, Shar Pei, and Chow Chows. In early 2011, a 14

Chinese coal baron paid $1.5 million for an eleventh-month old Tibetan Mastiff. Stud fees can generate 15

a nice income if you have a particularly special dog. There was a rumor that a wealthy Chinese shipping 16

magnate was going to be at the Donnybrook Dog Show in Fort Wayne in search of a quality breed line. 17

It was an opportunity for Ares to rise above the rest. I entered Ares in the competition, and I was ready 18

to win at all costs. 19

For most dog owners, participating in dog shows is an expensive sport with little financial 20

reward. In order to earn points, you have to pay fees to enter into various dog shows throughout the 21

country. In addition to those fees, you travel to the shows and pay for lodging, unless you have an RV. 22

The competition is fierce. Dogs in shows are hyper-trained, primped, and pampered. Some dog owners 23

hire massage therapists, psychologists and special groomers for their dogs prior to a show. Others pay 24

professional handlers to train and show their dogs. And then there are advertising costs. Some owners 25

that I know have spent over $100,000 on an advertising campaign for their dog to receive awards. The 26

costs add up quickly. Unlike race horses, you do not make money by showing dogs. You show dogs for 27

other reasons. Essentially, anyone participating in conformation spends lots of money just to get 28

ribbons. And you’re gone almost every weekend in a quest to earn points. I suppose you could say that 29

it can draw people with obsessive, psychotic behavior. 30

With Zeus, I started chasing points and spending a lot of money to get those points. As Zeus 31

rose in the standings, I invested more. As I mentioned, I wasn’t born into wealth, and I did not have a 32

lucrative career. I was hoping to make it as a fiction writer but nothing had materialized yet - - just a few 33

freelance stories here and there in small publications with local or regional distribution. I worked 30 34

hours a week as a barista at a local coffee shop. My income from that job just paid the regular bills. So, 35

in order to chase points for Zeus’ championship title, I took out a $20,000 home equity loan against my 36

house. I also gave up many opportunities for vacations to support my quest for Zeus’ championship. 37

26

Zeus eventually earned Champion status. He received several awards for Best Breed, Best 1

Winner, Best Group. He didn’t achieve Best in Show, but his credentials were well-recognized by those 2

interested in the Chow Chow breed. In the show world, most dogs enter the ring with a professional 3

handler. Zeus accomplished these things without a professional handler. Zeus’ earning potential in stud 4

fees helped me recoup some of the expenses I had incurred in showing him. I also was able to keep one 5

of his pups – the pick of the litter – Ares. 6

In my opinion, Ares is every bit the show dog as Zeus, if not more. He is noble and loyal. Ares 7

has all of the right qualities to be not only a Champion but a Grand Champion. I think he is perfect. Ares 8

has perfect structure and movement fitting for his breed. Better yet, he is disciplined and obedient. 9

Ares matured into a phenomenal show dog. Some dogs are natural born show dogs. Ares’ heart is 10

always in it. He knows he owns the ring when he’s in it. 11

Ares was competing as a class dog. A class dog is one that is not yet a finished champion, they 12

are still competing in the classes in search of points. Ares needed one more major to earn the title of 13

Champion. My only problem was that I couldn’t afford going to shows all around the country. So, Ares’ 14

road to Champion had been slow going. I am choosy about the shows I pay for Ares to compete. I 15

search for locations of dog shows where I know the judges will favor his conformance with the breed 16

standard. It is common practice to enter a dog in shows that are favorable to your breed type. Regular 17

participants in dog shows know which judges favor certain types of dogs or prefer certain qualities in the 18

standard. I also have to wait for majors to come to Indiana or nearby. It is not a frequent occurrence in 19

this area for there to be a field large enough to win a major. 20

The wealthy dog show participants roll up in their big RVs or vans all around the country and set 21

up grooming tables, plug in generators that power industrial cool-air dryers, and prance around with 22

their professional handlers. Some dogs have regular sessions with a canine massage therapist and 23

chiropractor. I wasn’t able to afford a full-time handler which can cost about $2,000 per month. It irks 24

me that dog shows favor those with money and power. It can be very difficult to break into the world of 25

dog shows as an amateur. The game today is all about professional handlers. Rarely, does an owner-26

handler have a chance. One reason is that owners can’t practice as much as professional handlers. On 27

the other hand, how many other sports can you think of that as an amateur you can walk right in and 28

have at least a fighting chance of defeating the top pros? And, the way I look at is - - money can buy a 29

dog, but not the wag of its tail. 30

When you participate in the sport of conformation, you often find yourself among some of the 31

same participants in show after show. Grendel is a Chow Chow owned by Ty/Tai Coon, with Cody 32

Pendant as Grendel’s professional handler. Exhibit 2 is a true and accurate photo of Grendel at or about 33

the time his attack against me. Grendel and Ares have faced each other in competitions. Grendel was 34

Ares’ nemesis. Whenever, Grendel was at the same show as Ares, Grendel always walked away with the 35

Best of Breed award, especially when Cody was handling Grendel. I don’t believe Grendel is the better 36

dog. Grendel is half the age of Ares. Ares enters the ring with more dignity, nobility and maturity. If I 37

had the money that Ty/Tai Coon pumped into Grendel, I would be walking away with the awards 38

instead. 39

27

Ares competed and won his class at the September 17th and 18th, 2011 Dog Show sponsored by 1

the Greater Lafayette Kennel Club. But when it came to Best of Breed and Winners Dog, both awards 2

went to Grendel. The same thing happened again the following weekend in Columbus, Indiana. Ares 3

won his class, but the Best of Breed and Winners Dog awards – and points – were showered upon 4

Grendel. Those were both disappointing weekends, because Ares was so close to achieving the 5

Champion title. 6

The next “local” competition was held in Springfield, Illinois on October 21st through the 24th. 7

Ares was perfection in motion, and naturally won the Best of Breed and Winners Dog. Ares was only a 8

few points away from a Champion title. 9

Grendel was not at the Springfield Show. Grendel instead competed in Atlanta, Georgia over 10

the same weekend and earned another “major” toward his Champion title. 11

On Monday, October 24th, all good feelings I had from the prior weekend’s wins were swept 12

away. I was surprised to learn then that Grendel was signed up to compete at the Donnybrook Dog 13

Show in Fort Wayne on November 2nd through the 5th. I brooded about it for days. I resented the fact 14

that Grendel had been entered in the Donnybrook Dog Show. The Show did not have enough entries to 15

be considered a “major.” Because Grendel already had sufficient points accumulated, and only needed 16

one more “major” to earn the Champion title, there was no point in Grendel competing at Donnybrook. 17

Nevertheless, Coon and Pendant entered Grendel, thereby taking potential points away from other dogs 18

in the breed. It was just plain rude to enter Grendel in this competition. It is considered poor etiquette 19

in the dog show world for a dog awaiting its final major to show up and take points from other dogs with 20

owners who need them. 21

On November 11, 2011, I came ready to win at the Donnybrook Dog Show held at the Coliseum 22

in Fort Wayne. Ares was in perfect form. I was ready to settle the score with Coon and Grendel. First, 23

Ares won his class. Grendel then won his class. Next up was the Best of Breed conformation for the 24

Chow Chows. It was scheduled for 3:30 p.m. I finished brushing Ares, sprayed a bit of hairspray to fluff 25

him up, and headed to find our place in the cue. Grendel and Pendant were directly in front of Ares and 26

me in the line-up. I was feeling more confident than ever. 27

All of a sudden, Grendel, came charging toward me. He lunged and the force of his strength and 28

weight knocked me to the ground. I think Cody Pendant just let go of the leash, but it all happened so 29

fast and I was on the ground. I hit the ground with a slam, knocking my head hard on the concrete floor. 30

I could have easily been knocked unconscious, and although I was dazed, I tried my best to protect 31

myself from Grendel’s further advances. Grendel continued to growl, snarl and bark. I covered my 32

head, neck and face with my arms and hands to shield me from his advances. Grendel then grabbed my 33

right hand with his powerful jaw and bit down – hard. His ferocious bite punctured the top of my hand 34

in two places, and blood was spurting from my hand. There was a crowd of people around me, mostly 35

other handlers of dogs. They were pushing Grendel out of the way, and trying to pull him off of me. It 36

seemed like minutes upon minutes passed, even though it was probably only seconds. Finally, Cody 37

grabbed Grendel’s leash, yanked it, and Grendel then obeyed Cody’s commands. As soon as Grendel 38

28

was pulled away from me, Cody said to me, “I’m so sorry. I don’t know what possessed him like that. 1

This is my fault.” Mr./Ms. Coon later tried to settle with me out of court. Coon knows he/she has a 2

dangerous dog, and is just trying to brush me under the rug. Coon has lots of money and thinks he/she 3

can buy his/her way out of this. I’ve got news for them, I’m not going quietly. 4

The paramedic at the show immediately applied pressure to the puncture wounds on my hand, 5

applied ice to reduce swelling, and raised my hand over my heart. Once the hemorrhaging stopped, he 6

wrapped the wounds with an elastic bandage tightly enough to hold the material in place and control 7

bleeding. He also examined my head and my eyes to make sure, I guess, that I didn’t have a concussion. 8

He asked me several questions to make sure I was alert. The paramedic wanted to take me in the 9

ambulance to the local hospital, but I felt as if I was okay, other than the puncture wounds. I still wanted 10

to compete in the Best of Breed. I felt that a window of opportunity had been opened for Ares to 11

achieve the final points needed for his Champion title, now that Grendel had been disqualified. 12

Incidentally, Ares did win Best of Breed and now proudly wears the title of Champion by his name. 13

I am aware that there are claims that I met with Carson O. Jennick prior to the Donnybrook Dog 14

Show. That simply is not true. I never met with Carson prior to the show. I’ve only met with Carson 15

once, and that was after I was attacked. I met with Carson after the attack incident to find out if 16

Grendel had exhibited aggressive behavior previously, and I learned that Grendel was known for biting. 17

I have been in several shows with Grendel. I’ve never seen Grendel show any aggression toward 18

me, or anyone else in the past. I can’t say why Grendel suddenly decided to attack me. I was standing 19

with Ares waiting for the judge to have the dogs enter the ring. The attack came out of nowhere. I 20

suppose I could have had a scowl or snarl expression, as I wasn’t happy about Grendel taking points 21

away from Ares, which Ares needed to finish his title. If I made any facial expression at all, it was purely 22

unintentional, and shouldn’t have provoked a vicious attack anyway. Rumor has it that there were 23

warning signs of Grendel’s aggressive behavior. I’ve heard Grendel attacked a stranger less than a 24

month before my attack, and has bitten people before. Any good handler knows that you have to be in 25

tune with your dog’s mood. Cody should have known that Grendel was agitated, and therefore 26

unpredictable. 27

I’ve been told that Exhibit 3 looks like the type of clicker that was found near me at the time of 28

the incident, but I’ve never seen it. I don’t know why there was a clicker found on the ground near me 29

after I was viciously attacked by Grendel. I do not use a clicker in my dog training. I do not own a 30

clicker. My best guess is that the clicker fell out of the hand or pocket of one of the many trainers that 31

came to my rescue when I was lying on the ground after being attacked by that wild animal. Why else 32

would it be there? It was a chaotic scene, as you can imagine. I was surrounded by other trainers and 33

dog owners trying to help. They were leaning over me and trying to pull Grendel off of me to protect 34

me. 35

I don’t recall anyone asking me about the clicker shortly after the attack. I know I would not 36

have said the clicker was mine because I never saw it before in my life. At the time, I was disoriented 37

29

and confused. I was practically in a state of shock. Anything I said or didn’t say should be taken in light 1

of my utter confusion at the time. 2

After the show, despite my elation and celebration of Ares’ Best of Breed award, my head and 3

hand caused me a lot of pain and suffering. I could not make it to my Barista job, nor could I do the 4

things I enjoyed doing, such as playing or working with my dogs. I had to rely upon friends and family to 5

do even the most basic things I could normally do for myself, such as walking the dogs, or cooking and 6

cleaning. My headache went away after a day, but the pain in my hand seemed to get worse every day. 7

It throbbed so much that there were days I could hardly function. Finally, at the urging of friends and 8

family, I went to a hand specialist, Dr. Les Payne. Dr. Payne diagnosed a staph infection, and I was 9

hospitalized at St. Vincent’s Hospital in Carmel for 5 days. A year later, I still have some numbness in the 10

tips of my fingers of my right hand. It’s never been quite right ever since Grendel tried to rip off my 11

hand with his powerful jaws. I’m just thankful that I was able to protect my neck and throat with my 12

hands and arms. 13

I’ve suffered a lot from this injury. I lost my job at the coffee shop because I was off work for 14

over a month due to the bite wounds and subsequent staph infection. In this economy today, it’s been 15

hard for me to find another job. I earned $23,000 annually as a barista, including tips. I also incurred 16

$65,000 in medical bills for Dr. Payne’s services and my hospital stay at St. Vincent’s Hospital. I have 17

permanent damage to my hand which causes numbness, and I should be compensated for all of the pain 18

and suffering I have endured. 19

As they say, “all publicity is good publicity.” Ever since this incident happened, my writing 20

career has taken off. Literary agents have been calling me about a book deal on dog shows after reading 21

some entries I posted to my blog about being attacked. Exhibit 4 is a true and accurate copy of my blog. 22

The blog was created by me, at or near the time of the events, and is based upon my personal 23

knowledge. I maintain the blog as part of my records for my writing career, and it is a record I regularly 24

keep. It’s a good thing my writing career has improved, because I no longer have my Barista job. 25

I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief 26

and knowledge. 27

Page Turner . 28

30


31

Statement of Carson O. Jennick 1

My name is Carson O. Jennick. I live at 11600 Fall Road, Fishers, Indiana. I have been a 2

professional dog handler since the age of twenty-six. I have been handling dogs professionally a very 3

long time as I am now 64 years old. I love dogs. It’s humans that annoy me. 4

Prior to dog handling, I was a dog groomer. As a groomer, it is important that you have control 5

of the dog. The dog needs to be obedient and follow your commands. Many of my grooming 6

customers, would ask me to help them train their dogs because I had a knack for dog obedience. Soon, I 7

was being asked to help train dogs for dog shows. It was a natural progression to become a handler. A 8

handler is a task master and disciplinarian. 9

Eventually, I merged my grooming business into a career as a professional handler. When I first 10

started out, I handled both dogs and cats, hence the name of my business Paw-Purr Handling. I dropped 11

handling cats a couple of years into the business because cats can be very stubborn. Stubbornness is a 12

quality that I don’t tolerate very well. I fully expect a pet to respond to me as commanded. Dogs are 13

generally eager to please or can be easily motivated by small food treats. 14

I am an AKC (American Kennel Club) accredited dog handler. There are only a little over 100 AKC 15

accredited handlers. There are so few AKC accredited handlers because a handler has to meet specific 16

criteria for their training facilities and travel facilities, as well as their training methodology. It is the gold 17

seal for top handlers. 18

Handlers have a long list of responsibilities. They prep the dog for the ring and guide the dog 19

through the process to endure being poked and prodded by the judges. Handlers also feed, bathe, and 20

transport dogs. In many cases, the handler will often house the dogs. 21

In addition to working with dogs as a handler for those who want to show dogs, I also train 22

guard dogs. In that capacity, I have a unique perspective of dealing with dominant breeds and working 23

with them to refrain from their natural instinct to attack. 24

Chow Chows are powerfully built. The breed standard is 17 to 20 inches in height, and they 25

usually weigh between 55 and 70 pounds. Grendel was still growing, and therefore not at the maximum 26

height or weight at the time of the attack. Chows also have poor peripheral vision. A Chow will be more 27

defensive if someone approaches it from the side rather than straight on. 28

The Chow Chow breed is fearless, intelligent and suspicious of strangers. Because of its nature, 29

it takes a firm hand to control them. Chow Chows tend to bite without warning. They can be ferocious 30

around strangers and a tenacious fighter. Chow Chows also need proper socialization. If a Chow Chow 31

is not properly and carefully socialized it will refuse to extend affection to others and can be aggressive 32

to other animals and strangers. Because of a Chow Chow’s nature to act aggressively, insurance 33

companies consider it a high risk dog. 34

Behavioral studies of dogs show that all breeds exhibit similar reactions to similar situations. 35

When training a dog, you need to be knowledgeable of what a dog is trying to communicate with its 36

32

body language. When a dog expresses dominance, it will stand tall, make eye contact and growl. When 1

it submits to authority, it will tuck his head and tails, and flatten his ears. 2

And just as we can read a dog through its body language, dogs can read us. Dogs have what’s 3

called “left-gaze bias.” When they watch humans they look to the right side of our face, which 4

psychologists have shown to be the side that reveals our intentions. Dogs will also read and respond to 5

other clues, such as nods or glancing with our eyes. 6

When I am training a dog, I have one mode of operation - domination. If you don’t show the 7

dog who is the alpha, the leader, the dog will exercise its will over yours. You have to be the lead dog, 8

or as they say, “the view never changes.” Dogs need to learn to obey. In order to teach them 9

obedience, they need structure and rules in their lives. A spoiled dog can be destructive. Without 10

proper discipline and correcting bad behavior, some dogs will become overly dominant and can become 11

dangerously aggressive. 12

Aggressive dogs need to be kept under control, not only through good physical restraint but also 13

through their training. You also need to reinforce the behavior you expect. A trainer or handler needs to 14

be able to handle challenges to authority immediately and resolutely. 15

Training any dog, and especially a Chow Chow, requires persistence and patience. An owner or 16

handler should be a calm person, naturally firm, confident and consistent. Chow Chows are challenging 17

to train. You have to take their personality into account. Chow Chows learn quickly. However, their 18

reputation for obedience is sketchy at best. It can be difficult to convince a Chow Chow to obey you. 19

Some people compare the Chow to a cat because they are stubborn and fiercely independent. They do 20

not have the desire and eagerness to please like many other breeds and they’re not the type of dog that 21

will be compliant if offered a morsel of food. 22

Generally food is used to reward good behavior when training a dog. At dog shows, many 23

handlers hold dried liver or beef tongue in their fists or in their sleeves to get the dog’s attention and 24

reward a dog for performing as expected or desired. This is called “baiting.” The handler is not using 25

food to bribe the dog to perform the task, rather the food is used to reward the dog. 26

My method of choice for dog handling is clicker training. Clicker training is sanctioned by the 27

AKC. A clicker is a mechanical noisemaker, it is small and can easily fit in the palm of your hand. Exhibit 28

3 is a true and accurate photo of a typical clicker that is used. In fact, it appears to be exactly like the 29

type I use. B.F. Skinner, a psychologist and behaviorist led the way for operant conditioning. Through 30

operant conditioning behavior is modified by consequences. The click is not a command to do 31

something. It merely marks the moment of the correct behavior. The clicker itself is not the reward, 32

rather the clicker lets the dog know that a reward is coming. Using the clicker method, the dog is taught 33

that the click means food is coming. A dog associates the sound of the click with a reward. So, the 34

clicker is a powerful tool because anticipation of the treat is a very great motivator. Once I know that 35

the dog will respond to the clicks, I taper off the use of the food rewards. Show dogs need to be fit and 36

trim. If a dog is overweight they will not show well. Thus, I minimize food rewards once a dog 37

associates the clicker with a reward for good behavior. 38

33

Although clicker training is my preferred method, I do adapt, when absolutely necessary, to dogs 1

that cannot be trained by a clicker. Some dogs are not motivated by food rewards, so the clicker when 2

used with food rewards is ineffective. Other dogs are sensitive to mechanical noises and can become 3

agitated or frightened by the noise of a clicker. 4

I was hired by Ty/Tai Coon to train Grendel, shortly after Grendel turned 5 months old. Mr./Ms. 5

Coon and I entered into a contract for my professional services as a dog handler. The contract provided 6

for a monthly payment of $3000 until the expiration of the contract after one year, or upon termination 7

of the contract by mutual agreement in writing. 8

As a professional dog handler for the past thirty-eight years, I have trained many breeds. 9

However, until I started working with Grendel, I had not handled any Chow Chows. I had to use extra 10

diligence when working with Grendel to keep him focused. Also, Grendel had a history of biting. When 11

Grendel was still a pup, he bit me when I was trying to train him initially. Grendel hated the clicker. 12

Whenever I would try to use it for training, he became agitated. It was like it set off a trigger in his head. 13

I stopped using the clicker for Grendel’s training. A couple of months later, Grendel also attacked one of 14

the terriers that I was training at my kennel. I was using the clicker to train the terrier, and I thought 15

Grendel was secure in his kennel. I thought Grendel’s aggressive behavior was just a puppy phase, but 16

Grendel bit me again when he was a year old. Grendel had not been performing at his best in the last 17

couple of shows, and I thought I’d give the clicker another try to improve his performance and 18

responsiveness to my commands. It sure back-fired on me. A soon as he heard the clicker, he lunged at 19

me. I subdued him right away, but I learned my lesson. 20

I spoke with Mr./Ms. Coon about Grendel’s aggressive behavior and fits of biting 21

episodes when they occurred. I think it is important for the owner of a dog to know a dog’s bad 22

behavior, as well as their good behavior, so at home the owner can correct the bad behavior, and 23

reinforce the good behavior. 24

Shortly after Grendel was 8 months old, Grendel made his dog show debut in Terre Haute with 25

me as his handler. It was a phenomenal beginning. Grendel won his class and was also named Winners 26

Dog, and earned two points toward his championship. A month later, on May 27, 2011, Grendel won in 27

Bloomington, Illinois, earning another two points, and followed that up with another win the next day at 28

that show. We entered him in the June 22nd Dog Show in Valparaiso sponsored by the Michiana Kennel 29

Club. Again, Grendel performed like a star. His actions in the ring were spot on. I had every expectation 30

that I could make Grendel a Championship dog. 31

Ty/Tai Coon kept pushing to enter Grendel in more and more shows. I resisted, in part, because 32

I had other dogs that I was handling, and also because I was concerned about Grendel being pushed to 33

perform too frequently at such a young age. 34

The sport of conformation makes great demands on dogs. When directed by a judge, a handler 35

will lead a dog straight ahead and then back, known as “down and back.” Prior to giving the direction 36

for down and back, the judge will see how the dog stacks – the statue-like pose when a dog stands 37

perfectly still, front legs under its check, back legs a bit apart, and the dog stares straight ahead. Stacking 38

34

is abnormal to a dog, and sometimes they tend to resist it, unless properly trained. All dogs evolve from 1

wolves, and therefore their behavior is relatable to wolves. So, it makes sense that standing completely 2

still for a period of time is unnatural to the wolves’ descendants and causes resistance or stress on dogs. 3

Many dogs flunk conformation because of this skill. 4

As I fully expected, Grendel was not ready for such a demanding schedule. We entered him in 5

the Greater DeKalb Kennel Club show on July 9th and 10th. Not only did he not win Best of Breed, he did 6

not even make it out of his classes. The loss was followed by more losses on July 23rd and 24th in 7

Medina, Ohio. Yet, Mr./Ms. Coon insisted that I continue to enter Grendel in more shows. 8

Here’s the way I see it – I’m the handler. I’m in tune with the dog. I know when a dog is ready 9

to show, and when they’re not. An owner is paying me for my expertise. I have as much to lose with a 10

failure in the ring as the dog. My reputation rides on the success or failures of the dogs I am handling. 11

So, I decided that Grendel would not participate in the August 20th and 21st , 2011 Dog Show in Muncie, 12

even though we had registered Grendel and paid the $175 entry fee. 13

Mr./Ms. Coon was not pleased that I “held Grendel back,” as he/she put it. I wasn’t going to be 14

a dog on a leash to Coon. I told Coon that I would listen to his/her input, but that the final decisions on 15

handling Grendel were up to me, and that’s what I was paid to do. I think Coon wanted someone who 16

he/she could control more. That wasn’t me. Life’s too short for that. I know Coon was also angry about 17

the losses in DeKalb and Medina. Every dog owner thinks their dog has no faults or too few to mention. 18

Perfection in a dog simply doesn’t exist. Every dog will have some flaw. 19

The next thing you know, I find out that Cody Pendant is training Grendel. Well, that just made 20

my blood boil. It still is a bitter pill for me to swallow. I resent that Cody replaced me, a professional 21

handler for 38 years, to train Grendel. There’s an etiquette that is part of the unwritten code among 22

professional dog handlers. You don’t go stealing someone else’s clients, especially when there’s a 23

contract with the owner. Cody called me later and tried to smooth things over. Cody is young, 24

inexperienced and immature. He/She doesn’t deserve being paid the big bucks that Coon is paying. 25

He/She hasn’t put in the time as a professional handler to earn that right. In my opinion, he/she needed 26

to be taught a lesson. 27

Ty/Tai Coon tried to right the ship by paying off the contract to the end of the term. As far as I 28

was concerned, that’s what I deserved anyway. I was planning to go to court to sue Coon for breach of 29

contract. Coon added a couple of extra thousand dollars to sweep the whole matter under the rug. 30

In any event, Cody was in and I was out. I wasn’t surprised when Cody wasn’t able to control 31

Grendel when he attacked Page Turner. I remember seeing Grendel with Cody handling him at the 32

September, 2011 Greater Lafayette Kennel Club show. It looked like Cody was having problems keeping 33

control of Grendel. It also looked like Grendel would get fired up whenever anyone came near them as 34

they walked by. I remember thinking that I doubted whether Cody could stop Grendel, if he had the 35

mind to run or chase something or someone. Good handlers pick up on nuances in the posture and 36

other signals or behaviors of a dog so that they see behaviors before they start so that they can 37

35

reinforce the good behaviors and discourage the bad behaviors. Grendel never exhibited aggressive 1

behavior at the dog shows when I was his handler. 2

Dogs are able to pick up on our mood. If a handler is nervous, the dog will pick up on that. A 3

dog can also sense when the handler is confident and in charge. The dog will respect that handler. 4

When you hire a top handler, what you’re really doing is paying them to perform in the best manner 5

possible. Dogs are predisposed through their genetics to observe us. If we communicate what we want, 6

they want to comply. 7

I was also present at the Donnybrook Dog Show in Fort Wayne on November 11, 2011. I was 8

not showing any dogs at the time because I didn’t have a Chow Chow that I was handling. I was in the 9

audience. I saw Turner and Ares walk past Grendel to get in line, and then Grendel attacked Turner. 10

Cody lost complete control of handling Grendel. He/She let go of Grendel’s leash. I heard Cody 11

command Grendel to “Heel,” but it was not forceful. Fortunately, there were other trainers in the area, 12

and they were able to stop the attack. It all happened fast. 13

Based upon my experience with training Grendel, I believe that the attack occurred because of a 14

lack of proper handling by Cody Pendant. By observing Grendel’s behavior prior to the attack, Cody 15

should have been aware of the potential of aggression. Also, Cody failed to properly restrain Grendel. 16

He/she had him on a leash. Why didn’t he/she yank Grendel back and subdue him immediately? 17

I did not know Page Turner before this incident. After the attack, he/she approached me as the 18

former trainer of Grendel to try to get an understanding of why this happened. I couldn’t offer much 19

help, however, because I was sitting too far away to see or hear much before the attack. All I could offer 20

was that Grendel has known aggressive tendencies, and Cody and Coon, having knowledge of those 21

tendencies, should have been more responsible in preventing the attack. 22


and knowledge. 24

Carson O. Jennick . 25

26

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2

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Statement of Les Payne, M.D. 1

My name is Les Payne. I am a Board Certified Orthopedic Surgeon. I am one of the 2

hand surgeons on staff at Midwest Hand Surgeons, P.C. in Carmel, Indiana. Exhibit 5 is a true and 3

accurate copy of my Curriculum Vitae. 4

On November 21, 2011, Page Turner presented to me complaining of ongoing pain from dog 5

bite wounds on his/her right hand that he/she suffered on November 11, 2011 in Fort Wayne. Turner 6

provided a copy of the EMT record from the incident. See Exhibit 6. 7

Turner provided a history of the incident that led to his/her bite wounds by a Chow Chow 8

named Grendel. He/she stated that it was dangerous to provoke the animal and that the dog lunged at 9

him/her, knocking him/her to the ground, and biting his/her hand, resulting in two puncture wounds to 10

the right hand. Turner reported that he/she was immediately treated by a paramedic for the injuries and 11

was released. 12

Turner denied any history of problems with his/her hands until this incident. I learned, 13

however, that Turner had carpal tunnel surgery previously. Some people with carpal tunnel surgery do 14

experience ongoing or recurrent numbness in their fingers or hands. 15

Turner also complained of a fever. His/her temperature and vitals were checked. His/Her 16

temperature was 101.8. In addition to the fever, clinical findings showed two puncture wounds 17

consistent with a dog bite on the top of the right hand. There were abscesses at the puncture wounds 18

site and signs of lymphangitis, indicated by the presence of red streaks on the forearm. I obtained a 19

tissue sample to check for infections and ordered an x-ray to determine if there was structural damage 20

to the hand. The x-rays revealed no structural damage to the hand, but the tissue sample revealed 21

evidence of a staph infection. I also tested motor and sensory skills, and range of motion. All were 22

within normal range. 23

Due to the staph infection, Turner was hospitalized at St. Vincent’s Hospital for five days and 24

treated with antibiotics. Exhibit 7 is a true and accurate copy of my medical records on Turner that was 25

prepared by me at or about the time of my examination of Turner, based upon my personal knowledge, 26

and is kept in the course of the regularly conducted business of the Midwest Hand Surgeons, P.C., and it 27

was the regular practice to make such medical record. 28

Turner was discharged from St. Vincent’s Hospital on November 26, 2011. At the time of 29

discharge, Turner’s staph infection had resolved, and the pain and swelling had been significantly 30

reduced. Subsequent to his/her discharge from the Hospital, Turner has not returned to me for further 31

care or follow-up. Turner was lucky that his/her injuries were not worse. 32

The hand is the most common place for dog bites. Your hand is composed of many bones. The 33

bones are connected with strong ligament tissues. Dog bites to the hand can result in numerous injuries, 34

such as skin lacerations, puncture wounds, torn ligaments and nerve damage. A dog’s strong jaws also 35

38

can cause crushing injuries. A dog bite generally causes pain and swelling. There may be difficulty in 1

moving the hand or fingers, and sometimes there is a loss of sensation or tingling in the fingers. 2

When a dog bite occurs the first priority is to control any hemorrhaging. Once that is controlled, 3

it is important to properly clean the wound site by irrigating with a normal saline solution. Proper 4

cleaning is critical because a major concern of all bite wounds is subsequent infection. Fifteen to tweny 5

percent of dog bite wounds become infected. Crush injuries, puncture wounds, and hand wounds are 6

more likely to become infected than scratches or tears. To avoid infection, wounds are usually kept 7

open, instead of stitched shut. More than 100 different organisms have been isolated from dog bites. 8

Pasteurella multocida, Staphylococcus, and Streptococcus are the most common organisms, occurring in 9

20 to 30 percent of infected dog bite wounds. 10

Staph infections are prevalent with dog bites and can be life-threatening. The prognosis is 11

usually very good for recovery from these injuries if proper care is followed. In a recent study of 111 12

cases of dog bites to the hand or wrist, approximately two-thirds of patients required hospital admission 13

for intravenous antibiotics, and approximately one-third of animal bite victims in the study required at 14

least one surgical procedure. More than 10 percent of patients required long-term intravenous 15

antibiotics. However the study also found that the infections would have been less severe if the patient 16

had sought treatment earlier. The average time from injury to evaluation by an orthopedic hand 17

surgeon was nearly eight days. If you have an animal bite to your hand, you should seek treatment 18

immediately. Most people think it's not that serious so they wait to see a physician and then the injury 19

is more difficult to treat. A bite might just need antibiotics on the day it happened, but once an 20

infection has had a few days to set in, the bite could develop into something worse. Turner’s staph 21

infection could have become fatal. Fortunately, he/she sought medical attention before the infection 22

spread requiring surgery or intensive treatment. 23

I do not like dogs. I was bitten by a neighbor’s dog when I was 5 years old and it was a 24

frightening experience. As a medical professional, I have become increasingly disturbed by the alarming 25

number of incidences of dog bit injuries and the increasing severity of those injuries. A dog's jaws 26

generate forces up to 200 psi (pounds per square inch). In comparison, 400 psi can go through light 27

sheet metal. Dog bites may be crushing and superficial. The Center for Disease Control reports 4.7 28

million people are bitten by dogs annually and 800,000 suffer injuries from those bites significant 29

enough to require medical attention. Approximately 334,000 people annually are admitted to 30

emergency for dog bites. Dog bites cause approximately 0.4 percent of emergency department visits 31

and account for 60 to 90 percent of treated bite injuries. Hospital expenses for dog bite-related 32

emergency visits are estimated at $102.4 million. 33

I am also a member of Association for Breed Elimination (ABE). Too often I have had to provide 34

medical treatment for children or the elderly for unnecessary vicious attacks by animals. ABE was 35

founded by a mother whose son, Abe, died after having been savagely attacked by a Perro de Presa 36

Canario, a breed that has been banned in many countries. Some breeds are just too violent to be 37

allowed in our communities as so-called house pets. Many of these dangerous breeds are just a step 38

away from their ancestor, the wolf. And despite domestication, their wild instincts prevail. I have 39

39

documented twelve cases in the past twenty years in which dogs have severely injured a person. There 1

are, of course, reported cases of persons who have died from their injuries or have been left 2

permanently disfigured after an attack by a dog. Thus, ABE believes it is essential that the law needs to 3

ban certain breeds in our communities. ABE also advocates that the law deal as severely as possible 4

with the owner of any animal that attacks others so that people will be strongly discouraged from 5

harboring these wild animals. Most of these attacks were the result of the inability of the owner or the 6

dog’s master to control them. 7

I have been compensated $4000 to provide my testimony for this statement and the trial as the 8

treating physician for Page Turner. I have testified in 7 other cases as the treating physician on behalf of 9

the plaintiff and three of which were also dog bite injury cases. I have testified on behalf of the defense 10

on two occasions. Those cases did not involve dog bite injuries. 11

12


and knowledge. 14

Les Payne, M.D. . 15

16

40

1


41

Statement of Ty/Tai Coon 1

My name is Ty/Tai Coon. I live at Geist Reservoir at 9345 Seascape Boulevard, Indianapolis, 2

Indiana. Although I am relatively young at 47, I have made accumulated considerable wealth as a 3

venture capitalist. I provide financial capital to start-up companies with high potential. In the past 4

decade, I have focused many of my investments in the pet industry. In 2011, there were 78 million dogs 5

owned as pets in the United States, owned by 46.3 million households, and 86 million cats owned by 6

38.9 million households. Nearly $51 billion is spent annually in the pet industry in the United States 7

market, which is double the amount spent ten years ago. 8

My venture capitalist pursuits in the pet industry are a product of my affection for my own pets. 9

I own four Chow Chows, all males – Odin (Gr.Ch. Odin Man O’War of Asgard’s Geist Seascapes) , Beowulf 10

(Gr.Ch. Beowulf Hero of Asgard’s Geist Seascapes), Thor (Ch. Thundering Thor’s Anvil of Asgard’s Geist 11

Seascapes) and Grendel (Grendel Dog O’War of Asgard’s Geist Seascapes). Whoever said you can’t buy 12

happiness forgot about puppies. In gratitude for the happiness they have given me, I plan to provide for 13

their needs, and luxuries, after my death. I have made specific provisions in my will that my cherished 14

Chow Chows shall be accorded the life they’ve become accustomed to during my lifetime. I have set 15

aside $15 million for their care upon my death. 16

It’s easy enough to understand why I care so much for my dogs, if you understand the breed. 17

Chow Chows are devoted to their owners and masters. They are content to live their lives with people 18

in their household. They have no need for affection or attention from others. They are a one person 19

kind of dog. They are homebodies who live to be with their owner. The Chow is a slow maturing breed, 20

maturing at around three to five years old. 21

I have read that the Chow Chow breed can be hostile to strangers or show aggressive behavior. 22

People often cite that principal as if it can’t be modified. What they forget to add is that with proper 23

training and socialization, such behaviors don’t exist. I have never observed my Chow Chows show any 24

hostility toward strangers. I have never observed any of my Chow Chows show aggressive behavior, 25

unless provoked. If a Chow is provoked, of course it’s going to defend itself. 26

Early on in my involvement with the breed, I set the direction and my goals. I wanted it all – 27

physical traits in conformity with the breed standard, graceful movement, and an excellent 28

temperament. Then, I established plans to accomplish those goals. As with any business plan, I 29

prioritized my plans and began acquiring Chow Chows that were near perfect. As time passed, I 30

continued to adjust to attain the unattainable perfect Chow Chow. 31

The Chow Chow breed suits me well. It is a noble, regal breed. The first Chow Chow to win Best 32

in Show at Crufts Dog Show, English Champion Choonam Hung Kwong, was described as “arrogant and 33

proud with great presence.” A Chow Chow has keen intelligence, an independent spirit and dignity. A 34

Chow Chow may seem aloof, but really it is reserved and discerning of strangers. 35

36

42

To become a champion, and a top show dog, it is imperative that a dog have an “attitude.” Two 1

of my prized Chow Chows, Odin and Beowulf, are Grand Champions, having achieved the highest 2

recognition from the AKC. They have since retired from performing in dog shows, but are still active 3

studs for breeding. Grendel is the offspring of Odin and Thor is Beowulf’s offspring. Grendel was very 4

close to obtaining Champion younger than any other Chow Chow in history. That goal was crushed 5

when the incident occurred with Page Turner. 6

I have become intrigued by Dog Shows. Dog Shows first appeared on the scene in England 7

during the Victorian era. Dog Shows began as a high society affair in America. All the wealthiest families 8

had kennels on their estates and the handlers who ran them worked to improve the quality of their 9

stock. Just to give you an idea of the significance of having a prized dog long ago, in 1908 a Model T 10

Ford cost $825 compared to purchasing a purebred dog between $1000 and $5000. The trend 11

continues. Today, purebreds are a symbol of wealth among the nouveau rich, just like luxury cars. 12

People often think of a Dog Show as a beauty pageant. That’s an unfair assessment. True, a 13

judge’s comparison of the dog to the breed standard is subjective to some degree. But, in a dog show it 14

is a lot more scientific and methodical. The judge sets out to identify which of the dogs assembled 15

represent the specific qualities and traits detailed in print for the breed, known as the breed standard. 16

Dog Shows are really all about breeding. 17

Dog shows are addictive. It’s all about winning. There is the thrill of competition and the 18

success from winning becomes an addiction. The thrill comes when the judge points to your dog and 19

says “one.” It’s a proud and gratifying moment. It has some similarities to gambling – with each ribbon 20

won by your dog, the brain recognizes a reward received. And like many gamblers, Dog Show owners 21

think “Next time, I’ll win for sure.” To accomplish that goal, you have to spend lots of money. I’m not 22

sure if a regular person with a great dog could ever have a chance at regularly winning at shows. Sure, 23

there have been the outliers, like in 1978, a family’s Yorkie won at Westminster with the daughter 24

showing their dog. But the family apparently went broke – losing their house and everything. 25

A hive mentality comes along with Dog Shows. Owners are emotionally and financially invested 26

in the pursuit of ribbons and points. Thus, they can over react. Owners of Chow Chows, and other non-27

sporting breeds, struggle to maintain even a slight sense of congeniality. There’s inevitable resentment 28

in losers and jealousy of winners. In some competitions among highly competitive breeds, the 29

atmosphere can be pretty awful. Every loss stings, even if you’re expecting it. But with Dog Shows you 30

have to get over it quickly. It is very subjective and . . . there’s always another day. 31

Odin and Beowulf’s handler was retiring and not taking on new dogs when Grendel and Thor 32

were born. So, I searched for a new professional dog handler. One of my criteria was finding a dog 33

handler that was close to Geist Reservoir. I did not want long absences from my dogs. Another factor 34

was finding someone who had the credentials. I selected Carson O. Jennick because he/she was one of 35

only a few AKC accredited dog handlers in the country. I met with Carson and had some initial 36

reservations about his/her stern, domineering approach to training. I also had concerns that he/she had 37

43

never trained Chows. Nevertheless, I signed a contract for a year’s service for Carson to act as the 1

professional handler for Grendel. 2

Initially, Grendel did well showing with Carson as his handler. Grendel competed in Terre Haute 3

at just 8 months old and won Best of Breed and Winners Dog. A month later, we had more stats in the 4

win column in the Dog Shows held in Bloomington Illinois on May 27th and 29th. Although I couldn’t 5

argue with the results, I became increasingly uncomfortable with Carson. He/she had a set up in a van 6

that was unfitting for one of MY dogs. And I had observed some discipline methods in training Grendel 7

that I thought were far too harsh. Carson told me early on that he/she would find what would agitate a 8

dog so that he/she could use it to show the dog who was the boss. Carson learned that Grendel could 9

not stand the sound of a clicker. I believe Grendel associated it with punishment. Carson also wanted 10

full control of how the dog should be trained and the shows that we would enter. I felt like I should be 11

given some input into what shows we would enter. I was on contract with Carson, but yet he/she at 12

times was giving priority to other dogs he/she was handling. 13

After I saw that Grendel was not responding well to Carson, I decided to make a swift change of 14

professional handlers. On August 20th, 2011, I changed Grendel’s handler to Cody Pendant. Carson was 15

angry – no, stronger than that – livid, infuriated. Carson called me up and started screaming at me. 16

He/she said “what goes around, comes around.” I think Carson saw me as his/her money train. I was 17

paying Carson $3000 per month on contract as Grendel’s professional handler. Carson also knew a good 18

dog when he/she saw one and knew that Grendel would be winning shows and could achieve Best in 19

Show. 20

Grendel had not performed well at the last two competitions, and Carson suggested that he/she 21

wanted to cancel the next several shows that I had paid to have him entered. I decided to check out the 22

shows anyway, while Carson stayed back to work more with Grendel. There was a show on August 20th 23

in Muncie, Indiana. I noticed Cody handling some dogs at that show. I had heard through the buzz in 24

the dog show community that Cody had a winning approach and winning attitude. Cody was a young 25

handler, but a rising star. He/she had a knack with the dogs – it was like they became one in the ring. 26

Cody’s credentials were not yet established, but he/she came from a long line of well- respected 27

handlers through prior generations in his/her family. 28

I met with Cody to determine if I thought he/she was right for my Grendel. Not only was I 29

impressed with what he/she did in the ring, but I was struck with his/her confidence, despite his/her 30

youth and relative inexperience in showing dogs. I did not tell Cody that I had a signed contract with 31

Carson. It was irrelevant to me. I get what I want and if I had to buy my way out of the contract that’s 32

what I’d do. And that’s exactly what I had to do. 33

Cody evaluated Grendel to determine if Grendel was a dog he/she wanted to handle. When 34

Cody told me that the/she would love to have a chance to show Grendel, I was elated and I immediately 35

notified Carson of the change. When Cody began training Grendel, I was immediately struck by the 36

difference in style. Where Carson was a tough, forceful, disciplinarian, Cody seemed to get more out of 37

Grendel through a softer approach with firmness and consistency. Cody also insisted that I be part of 38

44

the training because he/she wanted me to reinforce what Grendel was learning when he was away from 1

the kennel and at home with me. Carson preferred that I not be at the kennel when he/she was training 2

Grendel for fear that I would distract him/her. 3

I paid Carson in full for his/her services through the end of the term of the contract, plus a 4

bonus for his/her troubles. Still, Carson was infuriated. From a business standpoint, Carson received 5

more than he/she would have received had we finished out the contract. I thought I treated Carson 6

fairly. Apparently, Carson didn’t think so. 7

Turner seemed to resent that we had entered Grendel in the Donnybrook Dog Show. I didn’t 8

enter Grendel to keep Ares from accumulating more points. In any event, if Turner’s dog was good 9

enough to win, it wouldn’t even be an issue. It is true that Grendel did not need to accumulate any 10

more points to obtain his Champion title. The main reason I showed Grendel is I didn’t feel I could stay 11

away and lose valuable points. I wanted to make sure that Grendel did not fall out of the stats. You 12

can’t win, if he’s not showing. The more you’re out there, the better your chances are in the rankings. 13

And the higher the rankings, you have an opportunity to be invited to the National Dog Show, which is 14

held in Philadelphia every year in November. It is one of the best shows, besides Westminster, to show 15

your dog because it receives a lot of public attention. It is aired by NBC on Thanksgiving Day right after 16

the Thanksgiving Day Parade. A show dog’s career can be made by a Best of Breed or Best of Group win 17

at the National Dog Show. Also, by entering your dog in more shows, you expose him to other kennels 18

that might want to breed him. In my line of business, I’ve learned to take what’s yours. It’s a dog eat 19

dog world. 20

I was present the day of the incident involving Page Turner. Grendel and Turner’s dog, Ares, had 21

both won their classes, and were set to compete for the Best of Breed. The conformation event was 22

scheduled for 3:30 p.m. I had gone to the staging area earlier to congratulate Cody and Grendel. 23

Grendel seemed a bit off. I can’t say exactly what it was, but he seemed edgier. Cody was unflappable 24

as always and reminded me that when Best of Show is at stake, I always start questioning whether we’re 25

going to win. The competition can be so fierce. I patted Grendel, he nuzzled up to my hand, enjoying a 26

little scratching. Everything seemed perfectly normal. He even licked my hand. I returned to my seat to 27

watch the judging for Best of Breed. Ares, along with Turner, was one of the first Chows there. Then 28

Grendel and Cody arrived. To get to their spot in the cue, Grendel and Cody had to walk past Ares and 29

Turner. I thought I saw Turner make a scowling or snarling face, but I didn’t have my glasses on, and it 30

was a bit of a distance. I wouldn’t be surprised if Turner scowled at Grendel. Turner despises all of 31

Grendel’s wins. 32

I turned away for a brief moment to wave hello to a dog show compadre, and the next thing I 33

know is I heard gasps from the audience. When I looked up, Grendel was on top of Turner, the leash 34

dangling on the ground, and Grendel was barking, growling, and snapping at Turner. Cody was stunned 35

at first, I think, and then tried to subdue Grendel. It was having no effect. Some other handlers pushed 36

Grendel off of Turner, then Cody grabbed the leash, yanked straight up on it and commanded Grendel to 37

“Heel.” At that point the raucous stopped. The whole thing lasted no more than thirty seconds. Those 38

30 seconds cost me a Champion. Grendel was disqualified and suspended from future shows. It is 39

45

unlikely that Grendel will be reinstated. Even if that campaign were successful, Grendel will always have 1

an asterisk by his name. 2

I know that Grendel would not have acted the way he did that day, if he wasn’t provoked, 3

whether intentional or unintentional. Grendel is a loving pet and is not an aggressive dog. It’s sad 4

knowing that Grendel’s last day in the ring was that day. Grendel loved performing at dog shows. 5


and knowledge. 7

Ty/Tai Coon . 8

9

46


2

47

Statement of Cody Pendant 1

My name is Cody Pendant. I live at 1683 West 1000 North, Fortville, Indiana. I am a 2

professional dog handler, doing business as Wags to Riches. At nineteen years old, I am one of the 3

youngest, most accomplished professional dog handlers in the country. I received a junior handler of 4

the year award when I was seventeen. This is now my full-time profession. I am a third generation dog 5

handler in my family. My family has always focused their dog handling to breeds in the non-sporting 6

group – Mom – Boston Terriers, and Dad - Norwegian Lundehunds. 7

I started handling dogs when I was twelve as a junior handler at dog shows. In my junior 8

handler days, I handled mostly the Shiba Inu. I continue to handle them, but I also wanted something 9

more of a challenge. In the past two years, I’ve earned a reputation for my keen skills in handling Chow 10

Chows. 11

I am not an AKC accredited handler. To be AKC accredited, it takes 5 years and many home and 12

travel facilities inspections. It is an arduous process, and one I did not feel was necessary to establish 13

myself as a good handler. Not all top handlers have the AKC accreditation. 14

The job of professional dog show handler doesn’t get much attention from the general public. 15

The job entails caring for and preparing dogs to be judged in dog shows. It’s not something you learn in 16

school. Some people become dog handlers because they were born into it, like me, a third generation 17

dog handler. Others find their way into the field through their enjoyment of working with dogs, either 18

as a breeder, a groomer, or an owner/handler, and they evolve into a professional handler by 19

apprenticing under another handler. 20

It probably looks like an easy job, doesn’t it? Walk a dog into the ring, present him to the judge, 21

take him around the ring a couple times, and walk off with a blue ribbon. But, it’s not easy showing 22

dogs and presenting them at a prestigious venue such as the Westminster Kennel Club Dog Show at 23

Madison Square Garden in New York City, where the eyes of the world are on the dogs at the other end 24

of the leash the professional handler is holding. If you are the type of person that panics under stressful 25

or chaotic circumstances, you wouldn’t want to consider a career as a professional handler. 26

No show dog is a sensation overnight. It can take a year or more to prep a dog for a show like 27

Westminster. Not only are the dogs bathed and groomed frequently, but the dog also is either running 28

alongside a bike or on a dog trotter. Keeping these dogs conditioned so they are in top form is an 29

ongoing process. 30

A professional handler’s job is to present the dogs to the judge so their best points are on 31

display. A handler develops those skills by practicing and evolving in their training methods. Along the 32

way, you develop some tricks of the trade. Knowing what a judge likes to see, whether it’s a pretty head 33

or a nice top line, is key. You also have to plan what you wear to make sure that it will help the dog 34

stand out from the rest. 35

Then there are the dogs themselves. Some are natural show dogs and need little 36

encouragement to strut their stuff in the ring. Others require some cheerleading to get them to put their 37

http://www.westminsterkennelclub.org/

48

best paw forward. Make it fun for them, and they’ll show better and longer. And some dogs, well, they 1

might just as well be holding up a sign that says, “Will work for food.” All dogs have their favorite bait—2

which you’ll often see handlers using to get the dog’s attention. 3

A dog wants to please its master. However, that means you have to become skilled in clearly 4

letting your dog know what is expected of him. A good handler has the ability to effectively 5

communicate with a dog without giving unnecessary cues. If you give consistent cues relating to certain 6

behavior whether bad or good, you reinforce to the dog what you expect. You need to give rewards and 7

corrections immediately. 8

Being a good handler is like being a good parent. Although I’m too young to be a parent, I have 9

parents who are good examples. I didn’t always appreciate discipline as a child but I’ve come to realize 10

that it helped shape me to be a better person. As a parent, or a handler, you have to discipline at times, 11

and you have to be consistent. If you slack a little, a dog, just like a child, will run with it. 12

Dogs are creatures of habit. They respond to structure in their daily lives and work best with a 13

regular routine. Success depends upon consistency. Consistency in training requires repetition and 14

perseverance. 15

I am focused when I train a dog. A good handler has to be able to read the dog’s signals. 16

Handlers need to be observant of a dog when training it. A good handler will stop bad behavior before it 17

starts. And the best handler is invisible. If you don’t notice the handler, it is a good thing. 18

I do not use clicker training for any of the dogs I train. Verbal cues, facial expressions and a few 19

hand motions are all that I feel is necessary. I like the dogs I train to be in tune with me, not some 20

mechanical device. Gentle, positive persuasion works best. A disgusted voice can be discipline enough. 21

I don’t use harsh training methods. Yelling at a dog is not only cruel but it is detrimental because one 22

common aspect of all purebred dogs is an insecure temperament. If a dog is insecure and it is yelled at, 23

it’s going to be uncooperative and not give you the performance you need. So, it is best not to train 24

when you’re not at your own personal best. If you have a bad attitude, it will be sensed by a dog. 25

Because I have never used a clicker when training Grendel, I do not know how he reacts to it. I 26

do know however that he does not like mechanical noises. He becomes agitated by turn signals for 27

example. The sound will make him growl and bare his teeth. Sometimes it can be a bit frightening. 28

Chow chows are not for the weak. Due to their personality, handling a Chow Chow requires a 29

patient person. They are stubborn and notoriously independent. They are disdainful of strangers, but 30

are absolutely devoted to their owners and masters. 31

At the Medina Kennel Club show in Medina, Ohio, I was approached by Mr./Ms. Ty/Tai Coon to 32

train Grendel. I do not automatically accept every request to be a professional handler for an owner’s 33

dog. Before I accepted Grendel, I needed to evaluate Grendel. I saw great promise in Grendel. He is a 34

beautiful Chow Chow and near perfect in his structure, movement, and agility according to breed 35

standards. Grendel’s temperament was a bit off, but I knew that if I could work with him, I could mold 36

49

his temperament. I know I am still young and learning, but, all of my life, I’ve grown up with dogs and a 1

family that trains dogs for a living. I have never met a dog that I couldn’t calm their temperament. Dogs 2

have a way of listening to me. I like to think of myself as the new generation of “Dog Whisperers.” 3

I entered into a year’s contract with Coon to serve as Grendel’s professional handler. I am paid 4

$2500 per month which ensures that Grendel receives priority of my time as a handler. If I have any 5

other conflicts with scheduling for non-contract dogs, Grendel will receive my full attention. Depending 6

upon the size of the show, I will have around ten dogs in my care. To make my life easier, I specialize in 7

handling only a couple of breeds – primarily Chow Chows, and the Shiba Inu. 8

I learned later that Mr./Ms. Coon had a contract with Carson Jennick to handle Grendel. Carson 9

called me one evening, very agitated. He/she was shouting at me that I had no right to steal his/her 10

dog. I explained to Carson that I did not know that he/she had a contract for Grendel. There’s a code 11

among handlers that you don’t go out and try to entice a dog client away from another handler. I 12

unknowingly had taken Grendel away from Carson. I debated giving up the opportunity to work with 13

Grendel, but Mr./Ms. Coon convinced me to continue as Grendel’ professional handler. Mr./Ms. Coon 14

made the valid point that he/she was going to change professional handlers anyway, so any hard 15

feelings that Carson had would not be assuaged. I later apologized profusely again to Carson. I thought 16

we had smoothed things out. 17

I told Mr./Ms. Coon that it would take me 6-8 weeks for the training to be complete. Exhibit 8 is 18

a true and accurate copy of my Training Notes for Grendel. The Notes were made at or about the time 19

of the events recorded, based upon my personal knowledge, and the records are kept in the course of 20

my dog handling business and it is a regular practice of my business to make these records. 21

I was a little leery about handling this dog. Grendel was already twelve months old and had 22

been trained under different methods by a different handler. I had never trained a dog that had been 23

trained previously by someone else. Plus, he did not always obey Carson in the ring. It is like trying to 24

erase an ink mark. You have to go over it again and again to undo what’s been written. The upside was 25

that Chow Chows mature slowly. Because of his youth, any previous habits learned, could be unlearned. 26

The first week of training is typically difficult to control a dog. I take that time to just get 27

acquainted. Gradually, the dogs become accustomed to me as their handler. Then, we can begin 28

working on exercises and handling them. When I train dogs, I train them to respond to verbal and 29

nonverbal commands so that they behave in a certain way. I never train a dog to attack. There are 30

other trainers in the community that train dogs to be guard dogs. I suppose it could be lucrative to train 31

dogs for guard dogs, especially for some of the wealthy residences in the area. But, I do not mix 32

training. 33

Initially, I had some problems with Grendel during our training sessions. Dealing with problems 34

is not an unusual experience for the professional handler. Every professional handler has worked with 35

bad dogs – dogs that bark and/or bite at inopportune times. With a misbehaving dog, there is an added 36

complexity to my job as a trainer. You have to put together the pieces of a puzzle. The majority of show 37

dogs are very good at following instructions. With repetition and consistent training, most dogs become 38

50

robotic-like at the dog shows. They know what to do and what is expected of them and you do not get 1

aberrant behavior. Depending upon his mood, Grendel could be either a willing or an unwilling show 2

dog. Sometimes I thought Grendel was too smart for his own good. He was an intriguing challenge. 3

As part of my training process, I would require that Grendel remain with me for extended 4

periods of time for intense training. Mr./Ms. Coon had no problems with leaving his/her dog with me 5

for weeks at a time. Sometimes when a dog has not been in my care for any period of time, they can 6

forget some of their training. Owners, understandably, treat their dog as a companion foremost. 7

I began working with Grendel and, after a few weeks of training, I felt comfortable entering him 8

in a couple of shows. Grendel can often be uncooperative and maybe a bit unruly when he first arrives 9

at the show venue. It’s as if he has to work through where he’s at and why he’s there. Sometimes he 10

forgets that he is a show dog. Some days I take his lead and he is focused. Other times he seems totally 11

uninterested. He is still young and somewhat immature. He just needs a little more experience. 12

A dog show is very demanding, and can be overwhelming, so it’s easy to see how a dog can lose 13

their composure. A dog can become nervous and uneasy because there are thousands of strangers 14

surrounding him and all sorts of sounds and noises to distract him. But when Grendel is “on,” he 15

transforms into a star. He’s focused and a willing subservient in the game of dog shows. 16

My first show with Grendel was on September 17 and 18, 2011 sponsored by the Greater 17

Lafayette Kennel Club. Grendel was a star and picked up solid points as well as Best of Breed and 18

Winners Dog. We travelled to Pennsylvania and New Jersey, and in each of those shows, Grendel won 19

more points. I had absolutely no problems with Grendel responding to my commands. Grendel then 20

competed in Columbus, Indiana on September 24, emerging from his class to win the breed and the 21

group and capturing three points to obtain a major. After those wins, I allowed a break from training 22

and Grendel reunited with Mr./Ms. Coon. Grendel took on even tougher competition when we 23

competed in Atlanta Georgia on October 20 -23, 2011. Grendel had earned fourteen points in two 24

months, and a major. Some dogs take years to earn their championship, Grendel was on his way and he 25

wasn’t even two. He was destined to be the youngest Chow Chow to finish his Champion. 26

The next show on the road was the Donnybrook Dog Show in Fort Wayne. We had entered 27

Grendel in Donnybrook before we knew that Atlanta would turn out so well. In any event, Mr./Ms. 28

Coon and I decided it was worth competing at Donnybrook and bolster Grendel’s status in the rankings, 29

even though Grendel only needed a major to obtain his Champion title. Donnybrook was not large 30

enough to be a major. On the first day of the show, November 11, 2011, Grendel won his class. Ares 31

also won his class. Grendel and Ares were to face off in the Best of Breed. I had no concerns. Grendel 32

was showing well that day. He had is “A” game going throughout the day, plus we had beaten Ares 33

every time we faced each other. 34

I prepared Grendel for the final show of the day, fluffing his hair with a blow dryer and keeping 35

it in place with spray. Again, Grendel showed no signs of agitation or aggressiveness. He also didn’t 36

appear nervous. We were both confident going into the Best of Breed ring. 37

51

There was a lot of enthusiasm and energy in the Coliseum at that moment. I feel like my dogs 1

give me a better show there just because I think they feel all the excitement in the air. As the clock 2

ticked closer to the 3:30 scheduled time for the event, I took my place in line with Grendel. 3

Ares and Page Turner were immediately in front of us in the line, as designated by the Show 4

Chairman. Turner seemed fidgety. He/she kept reaching in and out of his/her pocket. I chalked it up to 5

nervousness at the time. I also thought I heard a clicking sound, but I can’t say for certain because there 6

was a lot of commotion as all the dogs were getting in their places for the Best of Breed event. 7

As I was going through the motions in my head of presenting Grendel to the judge, all of a 8

sudden, Grendel leaped toward Page and knocked him/her down to the ground. Grendel was growling 9

and barking at Turner. Grendel did not bite Turner, until Turner hit Grendel in the face trying to push 10

the dog away from him/her. Then I saw Grendel bite down on the hand that Turner had used to hit 11

Grendel. When all of this happened, I was stunned and didn’t do anything for what seemed to be a long 12

time, but it was only seconds. Then I grabbed Grendel’s leash, yanked up on it with a quick snap, and 13

Grendel backed off and sat next to me obediently. 14

At the time, I couldn’t figure out what happened, and why Grendel acted possessed. Grendel 15

has never acted that way before – ever. And Grendel showed no signs of nervousness or agitation 16

before the show or while we were waiting to perform in the ring. A dog that is nervous or 17

uncomfortable will show signs, such as panting, barking, licking, or other nervous actions. Grendel was 18

sitting quietly prior to the attack. He was poised and ready for the ring. 19

It was as if Grendel had been provoked – teased or tormented. Any dog is capable of becoming 20

aggressive when provoked. From where I was standing before the attack, I could not see Turner’s facial 21

expressions. Coon told me that Turner was making a scowling or snarling face at Grendel. 22

When the paramedic was assisting Page Turner to stand up, he found a clicker on the ground 23

next to Turner. When the paramedic asked Turner if the clicker belonged to him/her, Turner said “yes” 24

and then hesitated and said “aaaahhh . . . wait a minute, I mean no.” When he/she said “yes,” I thought 25

he/she said it rather emphatically. It sticks out in my memory because I thought it was odd at the time 26

that Turner would claim the clicker, and then change his/her mind. 27

Dog shows are extremely competitive. Sometimes the tensions in the ring are palpable. 28

Competitions can bring out the worst in people sometimes. In December, 2010 an Illinois man was 29

arrested after a dog show in Chicago. He was accused of drugging a top Siberian Husky. The man’s 30

girlfriend owned and handled a rival husky. He was observed suspiciously feeding something to the dog, 31

but he was later acquitted for lack of evidence. I can’t understand why breeders/owners snipe at each 32

other about who has the best dog. I think they’re doing a disservice to their breeds and dog shows 33

generally. 34

It’s hard for me to hear anyone characterizing Grendel as a mean or vicious dog. They just don’t 35

understand him. I think all dogs are easy to love, but sometimes you find the one that is special - where 36

everything clicks. Grendel is one of those dogs. We’ve been through a lot, and it’s drawn us closer. I 37

52

feel really awful that Grendel was disqualified and is now suspended. In my eyes, though, he will always 1

be a Champion. 2


and knowledge. 4

Cody Pendant . 5

6

53

Statement of Dee Barker, D.V.M. 1

My name is Dee Barker. I am a licensed veterinarian in the State of Indiana. I am a graduate of 2

Purdue University, School of Veterinary Medicine. After graduation in 2000, I began practicing as a staff 3

veterinarian at a veterinarian clinic in Sheridan, Indiana. In 2008, I opened a veterinary hospital at 250 4

South Rangeline Road in Carmel, Indiana. Exhibit 9 is a true and accurate copy of my Curriculum Vitae. 5

In addition to my routine practice of vaccinations and physical examinations of small domestic 6

animals, I have made my living primarily by softening the barks of dogs through vocal cord surgery. 7

Devocalization, ventriculocordectomy or vocal cordectomy is often referred to as debarking surgery. It 8

is a surgical procedure that removes tissue from the animal’s vocal cords in order to permanently reduce 9

the volume of their vocalizations. The procedure is banned in the United Kingdom and some other 10

European countries, but it is permitted in the States. The American Veterinary Medical Association and 11

the American Society for the Prevention of Cruelty to Animals state that the procedure should be 12

performed by a qualified veterinarian, and is an alternative when other measures fail. The surgery 13

usually leaves the pet with a squeak or raspy sound. It can be a useful option for dog owners and it is 14

certainly a better option than a dog being euthanized. 15

Veterinarians are scientists trained for a minimum of 7 to 8 years and then licensed to diagnose 16

and treat animal problems both medical and behavioral. The study of animal behavior has become 17

more important within the profession as animals have become more important to their owners. 18

Veterinary science recognizes that obedience training by itself does not prevent the development of 19

behavior problems. For problem animals, training is only part of the solution. 20

I am Grendel’s veterinarian. My veterinarian services for Grendel began when he was 6 weeks 21

old and I am continuing to provide my veterinary services to Grendel for Ty/Tai Coon and Cody Pendant. 22

I also provide veterinary services to Coon’s other Chow Chows. I provided Grendel with all of his 23

vaccinations and have examined him to make sure he has no medical or behavioral concerns. Exhibit 10 24

is a true and accurate copy of my veterinary records on Grendel. The record is made at or about the 25

time of the events listed on the record based upon my personal knowledge, and the records are kept in 26

the course of my veterinary business and the records were made as a regular practice of the business. 27

Grendel is a purebred Chow Chow, owned by Tai/Ty Coon. Grendel was born on August 20, 28

2010, and is current on all of his vaccinations. Grendel has no known abnormal medical or behavioral 29

conditions. To Grendel, a Chow Chow, I might be considered a stranger, as I am not part Grendel’s 30

immediate family or household. Yet, Grendel has never acted aggressively or agitated during any of my 31

encounters with him, even when I have poked and prodded him during physical examinations. Other 32

than the current incident involving Page Turner, I have never quarantined Grendel for bites. Also, 33

Grendel has never been micro-chipped by any veterinarian or animal control for biting. 34

Grendel had a few minor biting issues when he was a young puppy, which were easily resolved 35

by socialization. One of those incidents was some aggression shown toward a terrier when he was a 36

young puppy. There were only two other known biting incidents, prior to November 11, 2011. Again, I 37

believe these resolved, once a new professional handler was hired and Grendel’s socialization issues 38

54

were more properly addressed. There have been no recent occurrences of aggression by Grendel, other 1

than the November 11, 2011 incident. 2

I reject the premise that merely because a dog bites that the owner should have known it was 3

going to bite someone. Thirty-two States have dog bite statutes that make the dog owner strictly liable 4

when their dog bites or attacks a person. Indiana’s common law does not hold the owner strictly liable, 5

rather a person has to prove the owner is negligent. 6

Chow Chows are big and powerful, but with the right type of training and handling they are a 7

great breed. They are totally loyal to their master(s). However, if someone strikes a Chow Chow it can 8

turn into a neurotic and unpredictable dog. Assuming, hypothetically, that Page Turner struck Grendel 9

when Grendel became agitated, Grendel would have instinctively defended itself. However, an owner 10

should not have to anticipate exercising care to a person who has hit the dog. 11

Chow Chows also will make blanket judgments. For example, if a Chow has had a person in 12

uniform agitate it in the past while defending its home, such as a postal service employee ringing the 13

door bell, the dog will associate all uniforms as a threat. It is hard to change a Chow Chow’s mind once 14

it is made up. 15

There is a plethora of statistics relating to so-called dangerous dogs. I cannot agree that based 16

upon those statistics that an owner of a Chow Chow has knowledge that the dog will be aggressive and 17

will bite. I take issue with the notion that Chow Chows are inherently dangerous dogs. Standard 18

poodles have an attack rate of 57%. We don’t see news articles about them attacking people. 19

Exhibit 11 is one of those “reports” purportedly tracking the number of dog attacks, deaths, and 20

maiming incidents in the United States and Canada for the September 1982 to December 26, 2011, as 21

reported by Merritt Clifton, Animal People, in the December 26, 2011 issue. However, dog bite statistics 22

can be deceiving. The numbers may purport to illustrate that dogs from popular large breeds are a 23

problem. Naturally, big dogs can physically do more damage if they do bite, and any popular breed 24

skews the data. Dogs from small breeds also bite and are capable of causing severe injury. Other 25

problems are inherent with the statistics, such as classification of the breed when it is not known or is a 26

mixed breed, and tracking dog bites where the injury is not severe enough to be reported. Thus, 27

agencies like the Center for Disease Control, the American Animal Hospital Association, the American 28

Veterinary Medical Association, Humane Society of the United States, and the American Society for the 29

Prevention of Cruelty to Animals oppose laws that attempt to brand breeds as “dangerous.” 30

While breed is one factor that contributes to a dog's temperament, it alone cannot be used to 31

predict whether a dog may pose a danger to his or her community. Other factors that may affect a dog’s 32

tendency toward aggression include early experience, socialization and training, sex and reproductive 33

status. Chaining and tethering also are risk factors for biting. Many bites are the result of dogs raised 34

and trained to fight, abuse and neglect, and inadequate obedience training and supervision. Studies 35

have shown that it is not the breeds themselves that are dangerous, but unfavorable situations that are 36

creating dangerous dogs. 37

55

Rather than targeting specific breeds, the better practice to reduce or minimize dog bites is for 1

better training. In 1989, the American Kennel Clun started a program, the AKC’s Canine Good Citizen 2

(CGC) Program, to reward dogs who have good manners at home and in the community. The Canine 3

Good Citizen Program stresses responsible pet ownership for owners and basic good manners for dogs. 4

All dogs who pass the 10 step test receive a certificate from the American Kennel Club. Tests include (1) 5

Accepting a Friendly Stranger, (2) Sitting Politely for Petting, (3) Walking through a Crowd, (4) Reaction 6

to Another Dog, and (5) Reaction to Distractions. Grendel earned the AKC Canine Good Citizen Award in 7

October, 2011. 8

Cody Pendant has my respect. I consider Cody as one of the top professional handlers in our 9

State, if not the Midwest. Not only does he/she know how to handle dogs, but he/she also knows how 10

to handle their owners. Cody is a real people pleaser. He/she cooperates with the dog owners to make 11

sure they are happy. Yet, Cody is confident in his/her abilities, he /she would not waffle when it comes 12

to the welfare of a dog he/she is handling. In my discussions with Cody, I believe his/her handling 13

training introduced proper socialization and behavior to lessen improper or undesirable behavior from 14

the dogs he/she handled. Cody maintains a philosophy of (1) socializing a pet as a young puppy so it is 15

at ease around people and other animals, (2) not putting a dog in a position where it feels provoked, 16

threatened or teased, (3) training the dog to obey commands and building a bond of trust, (4) using a 17

leash, and (5) keeping a dog healthy. These simple training goals are an effective measure against a dog 18

biting. 19

I did not have the same level of trust or confidence in the training methodology when Carson O. 20

Jennick was Grendel’s handler. Carson was the initial professional dog handler hired by Ty/Tai Coon to 21

train Grendel. During their respective periods of handling Grendel, both Carson and Cody would come 22

to Grendel’s veterinary appointments along with Mr./Ms. Coon. Carson used a clicker in training and 23

was also so domineering that I had concerns that Grendel might become insecure and then behave 24

poorly. I didn’t note my concerns in the record for Grendel, nor did I mention these concerns to 25

Mr./Ms. Coon or to Carson. Carson has been a successful handler for over thirty-years, and I presumed 26

Coon supported Carson’s methods. 27

On October 31, 2011, I had stopped in a coffee shop to grab a cup of Joe on my way to work. 28

Page Turner was working at the coffee shop at the time. I was surprised to see Carson and Page Turner 29

talking together. I could not hear what was said, but I saw Carson handed a small object to Turner. I 30

couldn’t see what it was because Carson handed it over to Turner sort of secretly, and I also didn’t have 31

my glasses on. I am sure this meeting was October 31st because I remembered thinking I needed to stop 32

at a store to buy treats for Halloween for our customers at the Veterinary Hospital. 33

In my opinion, Grendel is not an inherently violent, aggressive, or dangerous dog. It is also my 34

opinion that neither Coon nor Pendant had knowledge that Grendel would have attacked Page Turner, 35

and there was nothing that Pendant or Coon could have done in exercising reasonable care to prevent 36

Grendel’s attack of Page Turner. 37

56

I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and 1

knowledge. 2

Dee Barker, D.V.M. . 3

57

Exhibit 1

SECTION 8-A. A dog that in the opinion of the judge menaces or threatens or exhibits any sign that it may not be safely approached by the judge or examined by the judge in the normal manner shall be excused from the ring. When the judge excuses the dog, he shall mark the dog “Excused,” stating the reason in the judge’s book. A dog so excused shall not be counted as having competed. A dog recorded as “Excused for threatening or menacing” by a judge on three occasions will be administratively disqualified by the American Kennel Club. A dog that in the opinion of the judge attacks any person in the ring shall be disqualified. When the judge disqualifies the dog, he shall mark the dog “Disqualified,” stating the reason in the judge’s book. When a dog has been disqualified under this Section, any awards at that show shall be canceled by The American Kennel Club, and the dog may not again compete unless and until, following application by the owner to The American Kennel Club, the owner has received official notification from The American Kennel Club that the dog’s show eligibility has been reinstated. Any dog, that in the opinion of the Event Committee attacks a person or dog at an AKC event resulting in an injury and is believed by that Event Committee to present a hazard to persons or other dogs, shall be disqualified by the Event Committee pursuant to this section, a report shall be filed with the Executive Secretary of The American Kennel Club. The disqualified dog may not again compete at any AKC event nor be on the grounds of an AKC event unless and until, following application for reinstatement by the owner to the American Kennel Club, the owner receives official notification in writing from the AKC that the dog’s eligibility has been reinstated.

58

Exhibit 2

http://dogsranch.com/chow-chow.html/chow_chow

59

Exhibit 3

60

Exhibit 4

Confessions of a wannabe fiction writer - Blog by Page Turner

11/12/11

Irony . . . For the past ten years, I’ve been creating stories in my head. Sometimes those stories were left in the recesses of my imagination where they probably belonged. Sometimes those stories made it from pen to paper. Sometimes those stories were crumbled up and lofted into the air for one more free-throw attempt at my overflowing waste basket. I started to believe I had a better chance of making a living from the half-court free throw attempt as halftime amusement for basketball fans comparing statistics of the first half or taking the halftime break as an opportune time to socialize in the bathroom line. Ideas came and went. Literary agents (and friends) offered advice – write about what you know. But what experiences did I have to share? Then, Eureka! I have the next Cujo story – but better than Cujo. Storyline: A dog attack by a purebred Chow Chow in the center ring of a dog show. Wealthy owner. Ahhh yes . . . Fact is stranger than fiction. Stay tuned folks for the next best seller!

11/13/11

Note to self: People DO read your blog. Thanks to all of you who have extended your best wishes – for my health and my story. If you’re still wondering . . . yes, I recently was attacked and fell victim to a Cujo-like dog. The villain - Chow Chow Champion named Grendel – lunged at me for no apparent reason at the Donnybrook Dog Show in Fort Wayne Indiana this past weekend. My hand is throbbing from the powerful jaws of the beast. I will post when I can.

11/15/11

The story gets better and better. My attorney, who will pursue a lawsuit against Cujo’s owner, also works with literary agents and publishers. I wish I could write more, but typing is limited as the pain increases in my hand. No more free throw shots until this hand heals.

11/27/11

The IV drips slowly and steadily delivering the antibiotics that I need to fight the staph infection from my bite wounds. I curl myself into a ball as I rest, surveying my surroundings and feeling alone in this cold hospital room. Dr. Payne diagnosed my staph infection and swiftly admitted me to St. Vincent’s Hospital, where I spent a lovely five days fighting the infection. My blog may have made light of the injury, but, in reality – not fiction – my dog bite wounds nearly caused the death of me.

61

Exhibit 5

Curriculum Vitae Les Payne, M.D.

Education: Undergraduate: B.S. in Biology, Summa Cum Laude (1996)

Indiana University, Bloomington, IN Medical: Indiana University, School of Medicine (2000) Training: Residency: Orthopedic Surgery (2005) Indiana University, School of Medicine Fellowship: Hand & Wrist Surgery (2006) The Hand Center of San Antonio Licensure: Indiana – M.D. (2000) Certification: Board Certified Orthopedic Surgery Practice: Midwest Hand Surgeons, P.C. (2006-present) Hospital Affiliations: St. Vincent Hospital of Carmel Indiana University Health North Clarian Hospitals Methodist Hospital Professional Associations: American Medical Association Indiana State Medical Association Fellow, American Academy of Orthopaedic Surgeons American Society for Surgery of the Hand Publications: “Evaluating Hand & Wrist Injuries” – Journal of Hand Surgery, May, 2009 “A Study of the Increasing Prevalence of Dog Bite Injuries” – J. of Hand Surgery, December, 2011 “Don’t Bite the Hand that Feeds You – Dog and Cat Bites” – Reader’s Digest, January, 2012

62

Exhibit 6

PROVIDER INFORMATION

Agency Name

Allen County Ambulance Services

Date Report Filed

11/11/11

Address of Agency

300 West Berry Street, Fort Wayne, Indiana

Name of Person Filing Report

Perry Meddick

Title

EMT

DETAILS OF INCIDENT

Incident Date

11/11/11

Incident Time

3:39

AM

x PM

Weather Condition

Not applicable

Type of Incident

Dog Attack/Dog Bite

Incident Location

Fort Wayne Coliseum

Crew Member(s)

(1) Perry Meddick (2) Phil Goode

Injured Patient(s)

Yes* No

Injured Staff

Yes* No

Other Injuries

Yes* No

*If yes, include PCR

(Patient Care Report).

Patient Name

Page Turner

Date of Birth

08/20/1979

Name of Hospital

Refused

STATUS AT TIME OF INCIDENT

Responding to 911 Call Enroute to Medical Facility with Patient Not on Assignment

Non-Emerg Transport Enroute to Medical Facility without Patient Other (Specify):

On Scene Responding for Non-Emerg Transport

BP 150/88 Pulse 82 Resp. Normal

Oriented to person, place, time?

Yes

Coherent Speech?

Yes

Auditory or Visual Hallucinations?

None

SUMMARY OF INCIDENT

EMT crew were stationed at the Donnybrook Dog Show and were alerted by the Show Chairman that patient was attacked by

Chow Chow Breed. Upon arriving, EMT crew observed crowd attempting to pull Chow Chow, named Grendel, off of patient.

Patient had two puncture wounds to top of right hand. No crush injury or broken bones observed. No prior history of hand

injury reported, except carpal tunnel surgery to right wrist in 1999. Wound debrided and hemorrhaging stopped. Patient also

had bump to back of upper head, but patient states no loss of consciousness and patient is oriented and had coherent speech.

Patient refuses transport to hospital. Patient wishes to stay with her dog and complete show. Patient instructed to follow-up

with medical care due to potential infection.

63

Exhibit 7

Patient: Turner, Page Patient ID#: 443661214

11/21/11 8:30 a.m.– Patient is pleasant 32 year old presenting with complaints of swelling and pain in

right hand after dog attack and biting incident. Patient history taken – no prior history of injury to right

hand/wrist, no family medical history; patient states that injury occurred when a Chow Chow viciously

attacked him/her without provocation or warning on 11/11/11 at a dog show; dog had current

vaccinations for rabies and is being held for observation with veterinarian; patient states she has

consulted with attorney to pursue lawsuit against dog owner and dog handler; patient in good humor

despite pain – he/she joked that he/she is planning to write a book about the experience and suggested

I would be part of the fictionalized story; patient states he/she was treated by paramedics on the scene

and released. Patient reports that he/she began experiencing more pain and swelling in past several

days along with fever. Patient temperature – 101.8. Tetanus status: patient believes last booster was

> 10 years. Physical examination conducted. Physical examination does not reveal any fractures.

Patient has two open puncture wounds to right hand. Puncture wounds have large abscesses and

appears infected. Signs of lymphangitis present, indicated by the presence of red streaks on the

forearm. Collected a tissue sample from wounds for testing. X-ray ordered to rule out structural

damage. Vascular, nerve, and motor examinations conducted – negative. Range of motion – normal.

Patient admitted to St. Vincent’s Hospital for monitoring of possible infection. Awaiting results of X-rays

and laboratory results.

11/21/11 – 4:40 pm – results returned from radiology and laboratory. No fractures or other structural

damage to hand. Radiologist noted prior carpal tunnel surgery to right wrist. Laboratory results on

sampled tissue: Staphylococcus – positive. Ordered hospitalization and regimen of prophylactic

antibiotics for five days.

64

Exhibit 8

Training Notes

Dog’s Name: Grendel Dog O’War Seascapes of Asgard Breed: Chow Chow

DOB: August 20, 2010 Color: Lt. Golden Red

Dog’s Owner: Ty/Tai Coon Breeder: Skipper Keyes

Owner’s Address: 9345 Seascape Boulevard, Indianapolis, Indiana

Owner’s Objective: Coon expects Grendel to achieve Championship and Top 20 ranking before Nationals.

Coon wants Grendel out on the circuit to accumulate points for higher rankings – whatever the cost.

Other Notes: Previously trained with C. Jennick. Won two class competitions - Recent two shows - no wins.

Owner stats Grendel did not respond well to Jennick’s training methods.

Date of Inception: August 22, 2011

Training - Week One: August 22-27, 2011

Grendel initially difficult to control. Grendel wants to show dominance – pulls from leash and inconsistencies in

Obeying commands. Some aggressive behavior. As week continued, Grendel bonded with me and responded well to

training. Training week went as expected for first week of training and adaptation to new handling methods.

Training - Week Two: August 29–September 3, 2011

Grendel is getting more comfortable with me. Grendel is accepting verbal and non-verbal commands. Responding well.

No more aggressive behavior exhibited. Grendel performs beautifully. Should make good showing.

Training – Week Three: September 5 – 10, 2011

Training is on track. Owner appears to be very anxious to speed up the training process. Grendel distracted by noises.

Grendel has beautiful movement and structure for Best Breed Award. Work on temperament.

Training - Week Four: September 12- 17, 2011

Temperament improving every day. I thought we should wait a few more weeks to show, but owner wanted to show.

Grendel wins class and Best of Breed this weekend!

Training - Week Five: September 19-24, 2011

Grendel wins again! Best of Class Best of Breed, and Best of Group! He’s owning the ring!

Training - Week Six: October 3 - 8, 2011

Grendel returned to owner last week. Minor setback in behavior – snapped at stranger.

Training - Week Seven: October 10 - 15, 2011

Training back on track. Grendel very responsive to commands.

Training - Week Eight: October 17-22, 2011

Grendel wins big in Atlanta. Final major. Champion Title achieved. Owner pleased, but wants more points for ranking

Training - Week Nine: October 24-29, 2011

No shows this week. Grendel with owner at beginning of week. No issues of re-training upon return. Seems content.

Training - Week Ten: October 31 –November 5, 2011

Grendel looking and acting like a true Champion. Not sure what happened in Fort Wayne. Uncharacteristic.

65

Exhibit 9

Curriculum Vitae Dee Barker, D.V.M.

Education: Purdue University, School of Veterinary Medicine, D.V.M. (2000) Veterinarian License: State of Indiana (2000) Work Experience: 1999 Animal behavior externship

University of Minnesota Behavior Science Trained in multiple approaches to a variety of behavioral issues including positive reinforcement techniques.

2000 – 2008 Staff Veterinarian

Paugh, Prince & Tracks Veterinary Clinic Sheridan, Indiana Provided comprehensive medical care for small domestic animals emphasizing preventive health care programs and diagnostic services.

2008 – Present Hospital Co-Director

Barker & Howell Animal Hospital Carmel, Indiana Small animal hospital prides itself on meeting the high expectations of our clientele with high-quality compassionate care for their companion pets. The Animal Hospital has developed a reputation for strong internal medicine and preventative care programs.

Specializations: Ventriculocordectomy AKC Approved Show Veterinarian Professional Associations and Positions: Indiana Veterinary Medical Association

Chair of Public Relations Committee American Animal Hospital Association

District VI Executive Board Director American Veterinary Medical Association American Veterinary Society of Animal Behavior

Presented paper on “Behavior Problems in Private Veterinary Practice” July 2007 Awards & Recognitions: 1997 American Kennel Club Veterinary School Scholarship Recipient 2010 Indiana State Veterinarian of the Year, IVMA 2011 Weekly Appearances on WTHR’s “Ask the Vet” segment

66

Exhibit 10

VETERINARY HEALTH RECORD

1. OWNER DATA

a. (Last, First, Middle Initial)

Coon, Ty/Tai

b. HOME ADDRESS (Street, City, State, Zip Code)

9345 Seascape Boulevard, Indianapolis, Indiana

c. TELEPHONE NO. (Include Area Code) f . (X one) g

317-842-4422

2. ANIMAL DATA

A. NAME : Grendel Dog O’War Seascapes of Asgard

B. SPECIES: Dog

C. BREED: Chow Chow

D. COLOR: Lt. Golden Red

E. DATE OF BIRTH : August 20, 2010

F. SEX: Male

G: OTHER: AKC’s Canine Good Citizen Certificate awarded 10/23/11

3. IMMUNIZATION DATA

(a) VACCINE (b) DATE OF IMMUNIZATION

Distemper (MLV) 10/25/10, 11/22/10, 12/20/10 Booster – 8/22/11

Parvovirus (MLV) 10/25/10, 11/22/10, 12/20/10

Rabies 3/18/11 Booster – 9/20/11

4. LABORATORY PROCEDURES

(a)DATE OF PROCEDURES (b) LABORATORY TEST - DIAGNOSIS - REMARKS

5. PROBLEMS NOTED

(a)PROBLEM (b) FIRST DIAGNOSED (c) REMARKS

Acute Dermatit is 10/25/10 allergic react ion; recommend changing dog shampoo

Weight gain 12/20/10 eat ing food rapidly – suggested putt ing billiard ball in food bow l to slow pace

Socializat ion 3/18/11 attacked another dog in kennel last month; handler to cont inue socializat ion

8/22/11 bit handler – no puncture w ounds; handler admits provoked dog – test ing

limits

9/20/11 cont inues to show some aggression/bit ing; handler w orking on socializat ion

67

Exhibit 11

Dog Breed Statistics Dog Breed Bodily harm Child Victims Adult Victims Deaths Maiming

Pit bull terrier 1970 826 687 207 1093

Rottweiler 481 272 126 78 268

Bullmastiff (Presa

canario) 76 30 28 11 44

Chow Chow 54 36 15 7 36

Doberman 15 8 7 7 7

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