PETA workers' littering convictions overturned in N.C. case

PETA workers' littering convictions overturned in N.C. case

The North Carolina Court of Appeals today overturned littering charges against two animal rights workers in Hertford County who had been convicted last year of the lesser offenses after a high-profile trial on allegations of animal cruelty.

Essentially, the littering charges against Adria Hinkle and Andrew Cook were overturned because the prosecution failed to prove that a Dumpster is not the proper place for trash.

Hinkle and Cook were employed by People for the Ethical Treatment of Animals when they were caught June 15, 2005, dumping euthanized animals into a trash bin at a shopping center in Ahoskie, N.C.

They had faced 21 charges of felony animal cruelty, seven counts of littering and three counts of obtaining property by false pretenses. But on Feb. 1, 2007, Superior Court Judge Cy Grant reduced the charges to eight misdemeanor charges before the jury began to deliberate. He said the state failed to prove malice and any specific motive, necessary elements for the felony charges. He also dropped the three charges of obtaining property by false pretenses against Cook.

The judge then further reduced the charges to eight counts of misdemeanor animal cruelty and one count of littering to make jury deliberations more manageable.

The jury found the pair guilty of the littering charge. It took the jury 3½ hours to reach its unanimous verdict.

Each was given a 10-day suspended sentence, 12 months of supervised probation, 50 hours of community service and a $1,000 fine. They were also to split the $5,975 in restitution costs.

In the Court of Appeals opinion, Judge Rick Elmore said the defendants’ actions on June 15, 2005, were undisputed.

The animals had been picked up as part of PETA’s Community Animal Project from Bertie County’s animal shelter and the Ahoskie Animal Hospital. Bertie and animal hospital officials said they thought an effort would be made to put the animals up for adoption.

During the trial, the defendants took the stand and apologized for dumping the euthanized animals but said it was a very hot day and the smell in their van was unbearable. Hinkle also admitted using the trash bin at least one other time to dump dead animals.

Elmore said that the trial court erred in denying the defendants’ motion to dismiss the littering charges because the prosecution failed to present substantial evidence that the Dumpster used on June 15 was not a litter receptacle.

Based on the prosecution’s reading of the law, Elmore wrote that throwing away a used coffee cup in a trash can at the mall would be considered littering.

“Essential to the crime of littering is that the litter be placed somewhere other than a litter receptacle,” he wrote.

With the judgments vacated against both defendants, the orders of restitution are also vacated, according to the opinion.

“Today’s unanimous ruling by the Court of Appeals ends the long, drawn-out, and needless legal proceedings endured by two young people who simply performed the humanitarian act of putting animals out of their misery at the request of government agencies and private individuals in North Carolina,” said Heather Carlson, PETA’s media liaison, in an e-mail. “The two workers were providing a humane release to animals who had no future prospects, and the trial never should have happened.”

 

Almost speechless.

 

Seething. :mad: For crying out loud, aren't there laws which forbid dumping public trash in private dumpsters? I know they've got signs and sometimes cameras at all the dumpsters I've seen. These people need to be charged with something.

 

PETA Bullshit

The Truth About PETA

The Naked Truth About PETA

Inside the LAPD - Animal Cruelty Task Force raid

 

Yeah, an they got away with linching Vick bublicly and then had the audacity to strong arm the guy into to doing some free advertisment. Not b/c of who he is but what he was an NFL player.

 

I think this lil girl could use or learn to put thing's in perspective in life....LOL

http://www.crimelibrary.com/serial_killers/weird/lecter/3.html