ATO'S PRIOR,
SO CALLED, BITE INCIDENTS
Certain newspapers constantly
report about 4 bitings.The City of Ann Arbor has alleged that Ato has bitten
four people. The truth is that in fact it has been one bite; the one of
the newspaper boy. The facts regarding these allegations are as follows:
On June 21, 1997, at the
Plymouth Mall of Ann Arbor, Heidi Goldberg was 'bitten' when she
reached into the Ikumas' unattended car to pet Ato. Ato snipped
her ! Ms. Goldberg has admitted the incident was her fault.
On July 31, 1997, while chained
to a gate at the home of an acquaintance of the Ikumas, a 17-year-old girl
startled Ato when she opened that gate suddenly. He jumped and put his
paws on her and she was scratched. Ato did not bite her. The City
of Ann Arbor claims that Ato "bit at her rib cage and arm". There was no
bite at all.
On October 3, 1998, during
a test of his temperament by Linda Morin, an experienced, professional
animal trainer, and after he had been intentionally provoked by Ms. Morin,
Ato in the process of defending himself by attacking her. Contrary to many
prior false reports, Ato only attempted to bite her. Further, Ms.
Morin testified that Ato's reaction to this test was normal.
It must be noted that in
the present civil case, Ms. Morin was called as a witness by the City of
Ann Arbor. She affirmatively testified that Ato should not be euthanized.
She also expressed the opinion that Ato would not have bitten Alex Newton
unless Alex had provoked him.
On August 23, 1998,
Ato bit Alex Newton in his left buttock when he trespassed the Ikuma's
house.
Conclusion: We are talking
here about one bite and not four !!
ALEX TRESPASSING
Again and again certain
newspapers are just writing that Ato has bitten a newspaper boy (Alex),
when he delivered the newspaper (by the way he delivered Ann Arbor News
!). Nothing is written that the newspaper boy intruded the house for delivering
the paper ! Further nothing is written about the newspaper compnay being
obliged to provide proper instructions to a deliverer. Has that be done
?
On August 23, 1998, Alex
Newton, the 13 year old paperboy, actually entered the Ikumas' home. He
has testified that he saw Ato through the Plexiglas front door before he
opened the door. That is, he opened the door and went into the house. Alex
testified in the present case that he merely cracked the storm door and
placed the paper inside of the door where the doormat would be. The evidence
suggests that he could not have done that because the newspaper was five
feet inside of the house. Ato was resting ten feet inside of the house.
Alex in entering the Ikumas'
home was trespassing. Further, he violated all instructions that he had
received from the Ann Arbor News when he opened the storm door to either
slip the paper into the home, or actually went into the house. He violated
his instructions when he provoked Ato, and ran from him. There are other
acts of indiscretion on the part of Alex.
Judge Creal-Goodridge actually
found that Alex did commit a trespass, but she stated that it was not a
"knowing trespass". Obviously Alex was sleepwalking when he opened the
Ikumas' door.
If Judge Creal-Goodridge
had found that Alex knowingly trespassed, she could not have found, under
the Dangerous Animal Act, that Ato could be classified as a dangerous animal.
A VENDETTA
?
Again and again certain
newspapers are giving the impression that the Ikumas are wrong. The problem
is that the city of Ann Arbor, through assistant city attorney Robert West,
is constantly ventilating statements, which are in many cases unethic (e.g.
"We're not going to drop this case," West said. "We're winning. We just
lost the prize." (FREEP, July, 19, 2000) and untrue !!
.In December 1998 a jury
returned a not guilty verdict; i.e Ato is not a dangerous dog ! The city
not to be out done sued the Ikumas in civil court under the claim that
Ato had bitten four persons. The evidence produced showed that Ato bit
one person. Alex Newton only, not four !
What is behind this action
of the city ? This only can be guessed.......Money ? Elections ? A father
who has a strong influence ?
In the meantime the city
of Ann Arbor uses all means to bring Ato and his owners in discredit.
ATO at the Humane
Society of Hurron Valley (HSHV)
Some newspapers are referring
to the assistant attorney Robert West who stated; "What is really a shame
is that as long as the dog sites there, it takes up space that other dogs
who could be adpoted have to be uethanized to keep this dog around". The
impression is given that the Ikuma's are lucky people in having Ato at
the HSHV.....Further that the Ikumas locked themsleves up when visiting
Ato at the HSHV......
Having Ato sheltered at
the HSHV has never been a choice of the Ikumas. They were ordered as a
result of a judicial outcome. Besides they were not informed at all last
year that 'officials' moved Ato to the HSHV ! Ato was locked up, as the
Ikumas were during their daily 10- 20 minutes visit, in a 3-by-5 foot pen
! For that they had to pay initially $ 10.00 and later $ 25.00 per day
! The HSHV did not feed Ato, that was done by the Ikumas !
The Ikumas did not lock
themselves up; that was done by the staff of the HSHV.......
Dog Law 1919
versus Dangerous Animal Act 1988
Up to now no newspaper
took the time to look into more detail to the regulations for dangerous/vicious
dogs and the interpretations. Neither did they check the City Code of Ann
Arbor (Police regulations; CH. 107 Animals ). The Dangerous Animal
Act, actually gives some consideration to the owners as well as to accused
animals. For example, a dog cannot be classified a dangerous animal if
it was provoked into biting a person. Further, a dog cannot be destroyed
unless it kills a dog or a human, or inflicts a serious injury on a person,
i.e. serious impairment of a health or bodily function or permanent serious
disfigurement. The injuries inflicted on the paperboy were described as
superficial and suprafacial, i.e. minor wounds.
The court insists in applying
the (outdated) 1919 Dog Law and based on that ordering the euthanasia of
Ato.
A lot is in favor to state
that this statute is unconstitutional under the United States Constitution
and the Constitution of the State of Michigan because the statute by not
applying any standards for determining when a dog can be killed, violates
the Due Process clauses of the aforementioned constitutions and thereby
unlawfully negates Seiko Ikuma's constitutionally protected civil rights.
Nevertheless the judges (Goodridge, Connors) remain referring to the outdated
1919 Dog Law.
Signing under
duress and protest.
Certain newspapers are
unethically making statements that Ato is doomed when he might be found
and refer again to a statement made by assistant city attorney Robert West;
"Now that the Ikumas signed the norm, I believe the case is over".
On the 21st. of July 2000
Seiko Ikuma signed, under protest and under duress, a so called
waiver to agree that Ato, following the court decisions, will be euthanized.
The terms 'under protest and under duress' means that this waiver is not
legaly binding ! |