Ohio: Judge's order has animal lovers livid Judge's order has animal lovers livid
BY JANICE MORSE | JMORSE@ENQUIRER.COM
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China the dog suffered. People such as Beverly Cochran, who tried to speak out on the dog's behalf, are incensed a judge sent China back to the same home where she was badly injured.

"If a child had been in that same situation, would this judge have returned the child to that environment, without even letting the Child Protective Services people have their say?" said Cochran, 39, of Colerain Township.

Cochran and other Greater Cincinnati animal lovers said Sunday that Butler County Area I Court Judge Robert Lyons disregarded cries for justice for the dog. They also say he defied common sense by returning China to the home of Otis Clark Jr., 48, in the Butler County village of Somerville.


The dog had been left tied outside so long that a chain had embedded in her neck more than an inch deep. It had to be surgically removed, leaving the dog with permanent scars.

"It looked like someone pressed a chain into ground beef - it was that disgusting," Cochran said. "I never met this dog, but I saw pictures of her injuries, and that was enough for me to care about what happened to her. I'm in disbelief over the judge's decision."

Efforts to reach Lyons were unsuccessful Sunday. He has previously refused to answer questions about the case.

Clark also couldn't be reached Sunday.

It was unclear Sunday whether Lyons' decision could be subject to an appeal.

Lyons' order notes his decision to return the dog was made despite prosecutors' objections.

China's case is one of two similar animal cruelty cases that recently surfaced in Butler County.

Lauren Spencer of Trenton relinquished ownership of her dog, allowing the animal to be adopted by a Hamilton County family who keeps her indoors. A Middletown judge convicted Spencer last week and she is to be sentenced this coming Friday.

In contrast, Clark had refused to sign away ownership of China, leaving her ineligible for adoption until Lyons decided the case.

Clark's lawyer, Dan Hurr, has said his client loved the dog and didn't want to give her up.

Clark surprised China's supporters, including Cochran, when he pleaded no contest to an animal cruelty charge July 12 after China had remained in the custody of the Butler County animal shelter for 3½ months.

The plea came one hour before Clark's scheduled trial, leaving China's supporters feeling shortchanged. Many had taken time off from work to attend the hearing, only to find out the case was over by the time they arrived.

Leland Gordon, executive director of the Animal Friends Humane Society, said China's caretakers felt ambushed when Clark showed up with Lyons' order in hand Saturday - five days before anyone expected action in the case. Clark had been set for sentencing Thursday.

Gordon's agency had cared for the animal since she was found roaming loose with the embedded chain March 30.

Some shelter workers were in tears Saturday, distraught over Lyons' order to return the dog to Clark and worried about the dog's well-being, Gordon said.

"So many people were involved in the care of this dog. It would have been nice if the judge or anyone had given us a heads-up that this was happening, just to show a little respect for the work that we do on behalf of animals like her, but that didn't happen," he said.

Lyons ordered Clark to reimburse Gordon's agency for China's care, and also ordered Clark to take China for veterinary checkups every 90 days. In addition, Lyons ordered Clark "to read the book on dog care given to him by the court." The order does not say what book was provided or how it was selected.

"This sends a really bad message, like, it's OK if you abuse or neglect a dog, just read up on how not to do it again," Gordon said. "What if we did that with children? What if this judge was on the case of Michael Vick? Would he give him a book on how not to get caught doing pit-bull fighting?" Vick is the NFL quarterback facing federal charges of illegal dog-fighting.

Gordon also takes issue with the fact that Lyons ordered the county probation department to keep tabs on Clark's care of China, leaving animal control officials out of the loop.

"Are the probation officers trained to look for signs of animal abuse and neglect? I don't think so," he said. "This is really a slap in the face to the animal control officer who signed the charge against Otis Clark in the first place. The judge did this without ever even talking to her."

Julie Holmes, the animal control officer, couldn't be reached Sunday. Gordon says he can't help but feel sorry for the dog.

"If only she could talk, I'm sure she would have told the judge how much pain she had been in and she sure wouldn't have wanted to go back to the place where she was hurt so badly," he said. "This is not justice - and if this is accepted in our society, then that's completely sad."

Gordon says his nonprofit organization needs help to pay legal costs associated with this case and other cruelty cases now pending in area courts. Gordon asks people who wish to help fight animal cruelty to visit www.animalfriendshs. org or call 513-867-5005.



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