America the Messy Yard Police State

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Messy Yard Laws are unconstitutional because they are selectively enforced?

http://www.azcentral.com/community/chandler/articles/0130lovejoy0131.html

Lovejoy trial delayed to give defense more time
Officer still seeking dismissal of charges in death of police dog

Sarah Muench
The Arizona Republic
Jan. 31, 2008 12:00 AM

CHANDLER - Sgt. Tom Lovejoy, the former K-9 handler for Chandler police whose dog died after he left it in a hot patrol vehicle last summer, received a new trial date at a status conference Wednesday at San Marcos Justice Court.

The new trial date is April 18, giving time for Lovejoy's defense attorney to file a motion to dismiss the animal-cruelty case.

Lovejoy attorney Robert Kavanagh plans to conduct interviews with witnesses and Maricopa County Sheriff's Office officials who could shed light on the agency's own dog deaths, Kavanagh said Wednesday.

Lovejoy hopes to prove the agency used selective enforcement when it arrested him Sept. 5 after he left Bandit, a 5-year-old Belgian Malinois, in his patrol car on Aug. 11 for more than 12 hours.

Kavanagh filed a motion in court this month saying the Sheriff's Office "treated its own employees better than it treated Sgt. Lovejoy under similar circumstances" in the deaths of three sheriff's K-9s, the court document shows.

In his motion, Kavanagh said that angle would open up other avenues for the case, such as witnesses and records.

Interviews with Sheriff's Office officials could be completed in a month, Kavanagh said. Another status conference has been set for April 16.

 
 

America the Messy Yard Police State