Dear Mr.

Butler:
Please accept this letter opposing HB 198. My name is Erica Moehring; I have been
a member of the Medina County Society for the Prevention of Cruelty to Animals
since the early 90's. I am currently on the Board of Directors, I am on the Rescue
Team (volunteers who participate in rescuing animals with the Humane Officer), and
I have been the Animal Care Coordinator at the shelter and still foster animals. I
have been involved in many animal cruelty, neglect and abandonment cases. These
cases need to be prosecuted in a swift manner by a special prosecutor who knows
the laws regarding animal abuse, and should not be handed over to the county for
prosecution.
If the county takes over these cases, I fear that any animal abuse case brought to
their attention will be put on the back burner because of other higher priority cases,
this in itself will put a great burden on the animal group taking care of the animals
in the case The "property" that is taken in these types of cases need to be fed,
walked, litter boxes changed, medical problems taken care of and are not able to be
put in a property room to await trial. It is during this time that the animal groups
incur the greatest expense in caring for the animals. Having a special prosecutor
means that the cases are heard in a timely manner so that the custody of the
animals can be established as quickly as possible, which serves the best interest of
the animals and helps manage costs.
I believe this Bill stems from the Medina County SPCA prosecuting a police officer
for cruelty and neglect for leaving his police dog in his car for over 4 hours while
doing paperwork at the station, with the windows closed on a very warm day. His
partner died due to his negligence. It was shortly after the verdict, in which the
police office was found guilty of negligence, that Mr. Hambley introduced HB 196.
Mr. Hambley was a Commissioner in Medina County prior to becoming a State
Representative this year. There was much controversy about prosecuting this police
officer. The SPCA decided to prosecute despite the fact that the defendant was a
police officer. Just the week prior, we prosecuted a woman for leaving her dog in the
car, luckily her dog survived. I believe Mr. Hambley, who has strong ties to the
community, thought that we were wrong in prosecuting this officer and if a county
prosecutor had this case; he would have decided not to pursue prosecution of this
police officer.
Mr. Hambley has asked for documents from several of the Medina County SPCA's
cases. He doesn't like the fact that we negotiate non-prosecution agreements and
he believes that we benefit monetarily in doing so. The SPCA is not supported by
any governmental agency, most our funds come from fundraisers, grants, and
donations. We do not benefit monetarily from any case we take on. The monies
charged are only to recoup the expenses incurred in housing, feeding and medical
problems we have to take care of. When a case warrants going to trial, our
prosecutor does charge the offender. Having an attorney whose background is
animal cruelty is a plus for any animal group. He is well versed in animal cruelty
investigations and prosecution. He is familiar with standards of care, common
techniques for assessing an animal's well-being, and is able to understand the
technical issues raised in veterinary reports. County prosecutors are familiar with

laws pertaining to cases involving humans, not animals. They don't have the
knowledge they would need, or the time to research the animal cruelty laws from
scratch.
The Humane Agents from the different humane agencies have fewer resources than
other law enforcement agencies. Special prosecutors help guide humane agents
during the course of an investigation, and can help establish standard procedures;
services not commonly provided by a county prosecutor. The special prosecutor also
makes time for the humane agents since cruelty cases move quickly from the
investigation to the search and seizure of the animals. I do not believe that a county
prosecutor would be so readily available and animals may be moved or disposed of
prior to obtaining a search warrant.
The cost of having a special prosecutor is minimal, most counties pay fees equal to
that paid to court-appointed attorneys.
I believe HB 1978 would be the biggest backward step for humane societies in Ohio
and a plus for animal cruelty offenders. The thousands of animals saved by these
organizations are hoping that they can count on your leadership in defeating this
bill.
Erica Moehring
Medina County SPCA
Board of Directors
Data and Communications Management
Volunteer Coordinator
(330) 416-1370