Judge warns of contempt of court charges 

Wednesday, July 19, 2000

By LIZ COBBS
NEWS STAFF REPORTER 

The owner of Ato, the dog stolen from death row last weekend by a burglar, faces possible contempt of court charges for refusing to carry out a judge's order to euthanize the chow.

Ann Arbor resident Seiko Ikuma did not appear for a court hearing on the order Tuesday, and her attorney, Raymond G. Mullins, told 15th District Court Judge Julie Creal Goodridge that she was devastated by Ato's theft from the Humane Society of the Huron Valley. "She's physically and emotionally ill," Mullins told the court.

The Washtenaw County Sheriff's Department is investigating theft, which occurred between 10 p.m. Sunday and 8 a.m. Monday.

Sheriff's Lt. Brian Miller said county road patrol officers are working with the detective bureau to find Ato. He said they are interviewing several people in the case, but declined to say whether they have a suspect.

"We're taking this very seriously," Miller said today. He called the case unusual, "especially given the history of this particular animal."

If police arrest someone in the case, charges could range from breaking and entering to illegal entry, Miller said. Ato had been confined by court order to the Humane Society, at 3100 Cherry Hill Road in Superior Township, since November. A month earlier, Goodridge ordered that the dog be destroyed after testimony was presented that Ato had bitten Alex Newton, who was delivering The Ann Arbor News to the Ikumas' house on Aug. 28, 1998. Alex Newton, who was substituting for the regular newspaper carrier that day, suffered several bites that required 13 stitches.

Ato has been housed in a kennel that's 3.5-feet-by-5-feet on the inside and 3.5-feet-by-8-feet on the outside. According to Barbara Levine, the Humane Society's interim executive director, said Ato's kennel is exactly the same size as the other kennels for full-sized adult dogs.

Ikuma and her husband, Hiroshi, said they visit Ato daily and last saw him on Sunday before someone cut a hole in the chain-link fence surrounding the humane society's grounds, went to the dog's cage, cut a padlock and took the Ato (pronounced Otto).

The Ikumas have not publicly spoken about the theft but Mullins said Tuesday that he has called the U.S. Attorney's Office in Detroit to ask that it or the FBI investigate the whole affair.

In addition, Mullins filed an emergency appeal Tuesday with the Michigan Court of Appeals for immediate consideration of the death sentence and asked the court to keep the dog alive until it decides whether it will hear the appeal. Mullins asked the court to act by Friday.

Mullins also asked the U.S. Attorney's Office to look into what he described as obstruction of justice in the city of Ann Arbor's prosecution of Seiko Ikuma.

Shortly after Ato attacked Newton, the city charged Seiko Ikuma with harboring a vicious dog. But she was acquitted of the criminal charge in December 1998. The city filed a petition to have the dog destroyed.

Goodridge recently modified her October ruling to add the provision about Ikuma signing the waiver or making arrangements herself to have her dog destroyed.

Mullins contended that Ikuma has until Friday to comply with the order, citing a state court rule that says enforcement proceedings or a judgment may not be carried out until 21 days after a judge signs an order. Goodridge signed the order on June 30.

Assistant Ann Arbor City Attorney Robert West told Goodridge that Ikuma's absence at Tuesday's hearing "further evidence that she's in contempt of court."

Ato's theft will not affect the court hearing next week, but it's obvious that the dog cannot be euthanized until it's found.

A stern Goodridge said she was setting a show cause hearing for Monday and told Mullins that she expected Seiko Ikuma to be there .

"If your client hasn't arranged for the dog to be euthanized or signed the waiver, I am most likely to find her in contempt of court," the judge said.

The couple's legal battles and the dog's plight have been followed by supporters around the world through the Save Ato web site at www.angelfire.com/pe/otto/. It is devoted entirely to the latest news about the case.

Staff reporter Amalie Nash contributed to this story.