Saturday, June 17, 2000

By LIZ COBBS
NEWS STAFF REPORTER 

A district court judge Friday denied a request to keep alive the 7-year-old chow while his owners continue their appeal an earlier order that the dog be destroyed for biting a substitute newspaper carrier nearly two years ago.

But Raymond G. Mullins, attorney for the dog's owners, Hiroshi and Seiko Ikuma of Ann Arbor, said he will now ask the state Court of Appeals to issue a stay of execution for Ato (pronounced "Otto") while the earlier order is appealed.

"We had to have a determination from the trial court first before we could go to the Court of Appeals," Mullins said after Friday's hearing.

At the hearing, 15th District Judge Julie Creal Goodridge told the Ikumas that she likes dogs and understood the emotional weight that is on them.

The judge also reminded them that she granted Mullins' first request to keep the dog alive until he appealed her decision to destroy the dog to Washtenaw County Chief Circuit Judge Timothy P. Connors. But this time, she would not grant Mullins' request. 

Ann Arbor Assistant City Attorney Robert West asked Goodridge to rule against the defendants.

"This case has dragged on for almost two years," West said. "In fairness to everyone involved, I ask that this be concluded."

Goodridge ruled in October that Ato must be destroyed after hearing testimony about how the dog attacked and bit 13-year-old Alex Newton, on Aug. 23, 1998, when he delivered an edition of The Ann Arbor News to the Ikumas' house. Alex Newton was rescued from the dog by his father and taken to St. Joseph Mercy Hospital where he was treated for his injuries.

Goodridge's decision to have the dog destroyed was appealed to Connors, who upheld her decision in May. Mullins then filed a request asking the Court of Appeals to hear the case and overturn Goodridge's and Connors' rulings.

Mullins also filed a request asking that the dog be kept alive until the appellate panel decides whether it will consider the appeal. That request to keep Ato alive pending appeal went before Goodridge, but Mullins asked her to remove herself from the case claiming she had not been objective to the Ikumas. Goodridge refused, and Mullins took the request to Connors.

On Friday, Connors denied Mullins' request to disqualify Goodridge. So, the case went back to Goodridge.

Meanwhile, Ato remains at the Humane Society of Huron Valley where he has been confined under court order. The Ikumas visit Ato every day.

Earlier this month, the Ikumas sued the humane society and its board of directors for $1 million in damages, claiming mistreatment by when they visit their dog in its 3-foot-by-5-foot case.

In late May, the Ikumas also filed suit against the city of Ann Arbor, Alex Newton and his parents, Roger and Coco Newton, for alleged civil rights violations during the city's investigation into the dog-bite attack.

The city charged Seiko Ikuma with harboring a vicious animal, a misdemeanor criminal offense. But she was acquitted by a jury in December 1998. In March 1999, the city asked the court to order that the dog be destroyed. At a hearing in October, testimony showed the dog had bit at least two other people, besides Alex Newton.

--Mullins said that a meeting of a support group for the Ikumas and Ato will be held at 7:30 p.m. on June 27 at the Amistad Church, 2730 Carpenter, Ann Arbor. 

• Its not easy for judges to admit that they made wrong conclusions at earlier court sessions....In particular when you keep in mind that election time is near !!!!! For a list of addresses where you can transmit your protests click here.

• AA News refers to two other bite cases. Again a missed opportunity for this newspaper to explain the facts on this. Please see for the details the Standby/Summary.