Alert   10/28/08   A Message from the Attorney General

 

To demonstrate the effectiveness of a concerted response, the Attorney General has sent us the following message and asked us to distribute it in an alert. Some of you may have already received this directly from the Attorney General.

 

We believe that the content of the Attorney General’s message is genuine and persuasive.

We suggest that any further contacts to the Attorney General should be to thank him for the position he’s expressed in the message.

 

Lillian Clancy and Don Marro

 

______________

 

Dear Friend:

 

This Office has been monitoring the state and federal charges against Michael Vick and the other dog fighters and we are aware of the importance of this case.  However, irrespective of his strong personal views in support of the protection of animals in the Commonwealth, the Attorney General has no legal authority to affect the outcome of the prosecution of Mr. Vick.  Under state law it is only upon appeal that this Office has legal authority to act in such prosecutions.  However, because Mr. Vick’s guilty plea under Virginia law precludes him from appealing his sentence, this Office will not have a legal role in this matter.  Nevertheless, Attorney General McDonnell wanted to tell you the following:

 

“Many feel strongly regarding the actions of Michael Vick. I understand the tremendous passion being generated by this issue. The Attorney General of Virginia does not have primary jurisdiction to prosecute most criminal cases including dog fighting, nor can we seize the authority from an elected official. The laws place authority to prosecute such crimes with the local Commonwealth’s Attorney, while our office handles appeals.”

 

“All should condemn the crime of dog fighting. Dog fighting is abhorrent, brutal and sadistic. It involves the injuring, maiming and killing of dogs, actions that must be condemned. Along with many members of my staff, I am a dog owner. In Virginia, dog fighting is a Class 6 felony. In 2003 I joined with my colleagues in the General Assembly to vote to make possession of dogs for the purpose of dog fighting a felony. Attorneys in this Office have been reviewing the dog fighting statutes in the Commonwealth to determine whether any laws need reform during the next legislative session. Should more need to be done to insure the end of dog fighting in Virginia; we will work with the General Assembly to do so. No animal in the Commonwealth should be treated in the manner which we have all heard about in this situation in Surry. Such behavior cannot be tolerated in Virginia.  It is for these reasons that I championed legislation during the 2008 Session of the Virginia General Assembly to again strengthen Virginia laws related to animal cruelty.  Information regarding that legislation can be found at

http://www.hsus.org/legislation_laws/state_legislation/virginia/animal_fighting.html.”

 

The Commonwealth Attorney of Surry County, Gerald G. Poindexter, is solely responsible for prosecuting such crimes in that county.  As our office does not have jurisdiction over Mr. Poindexter, you may wish to contact his office directly at (757) 294-3118.

 

In closing, thank you again for contacting our office.

 

Sincerely,

 

Jacqueline A. Kotvas

Community Relations

Office of the Attorney General