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Save Ato.......!! SAVE ATO/OTTO
[December 15, 1998, Ann Arbor News:]
Owner acquitted but dog's fate uncertain

By JOHN BARTON

NEWS STAFF REPORTER

An Ann Arbor woman whose dog mauled a news paper delivery boy in August has been found not guilty of owning a vicious animal, but the city still intends to seek a court order for the destruction her dog.

Seiko Ikuma was acquitted of the criminal charge last week by a jury that deliberated for less than two hours after poring over more than 30 hours of testimony in one of the longest misdemeanor trials in 15th District Court history.

And even though the 61-year-old woman avoided a possible sentence of 90 days in jail and a $500 fine, her dog -- a chow named Otto - remains confined at a Dexter kennel while the City Attorney's office prepared a petition asking a judge to order the animal's destruction.

Ikuma's attorney, Thomas Moors, said his client was relieved after the jury's verdict, but is concerned about returning to court for another legal battle over Otto's fate.

Assistant City Attorney Susan Cameron prosecuted the case against Ikuma, but declined to comment on the jury's verdict. She said no date has been set for filing the destruction petition.

The verdict was handed down Friday, after a three day trial that included the testimony of 13-year-old Alex Newton, who said he was a substituting for the regular Ann Arbor News carrier when he delivered a Sunday paper to the Ikuma residence on Aug. 23.

Otto chased him after he opened a storm door and dropped the paper inside the house, Newton said. The dog then knocked him to the gound and began biting him. His father, Roger, heard his son's screams and was eventually able to wrestle the dog away from the boy.

Alex Newton spent about five hours in the emergency room at St. Joseph Mercy Hospital while physicians stitched up wounds to his arm, leg and left buttock.

Cameron called nine additional witnesses in an effort to bolster her contention that Ikuma should be convicted of violating city ordinances by owning a vicious dog.

Moors, who conceded that Otto attacked Alex Newton, contended his client should not have been charged under sriminal provisions of the city ordinance. He said the case would have been more properly handled as a civil lawsuit with a demand for monetary damages.

"This was a tragic incident," Moors said. "Obviously, we are very pleased with the verdict. This charge was brought, and nobody wanted to hear my client's side of the story. All we were asking for was an objective hearing on the facts, and that's exactly what this jury gave us. It was the correct verdict."

Cameron declined to comment on the verdict, saying only "the jury is the ultimate fact finder, and the jury in this case has spoken."

The case was tried before 15th District Court Judge Ann Mattson, who will also consider the city's petition for Otto's destruction. The dog was seized by animal control officers about three days after the boy was bitten, and has been in a Dexter kennel ever since.

Mattson ruled that Otto, who according to court testimony has bitten two other people since 1995, must remain in the kennel until the issue of whether he should be put to death is resolved.
 

In My Opinion . . .

When all the evidence has been heard and weighed in the balance; when the jury verdict is in; and when the evidence and the verdict flatly contradict what a reporter wrote in an earlier report, you would think the reporter might have the decency at least to tone down the inflammatory rhetoric, if not to admit he was wrong. 

And by and large, thank God, you'd be right! Mr. Barton's second piece is MUCH more subdued and factual.

Thank you, Mr. Barton.

In my honest opinion,

David Ellis
A Friend of Otto's

 


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