Justice delayed is justice denied

This is a simple, straightforward legal axiom that has legs. Since first being coined by 19th century British politician William Gladstone, the idea that justice needs to be swift is one of the cornerstones of what our American legal system should be. It may be a pie-in-the-sky view — and often not the reality — but the concept that defendants have a right (and ability to waive that right) to speedy trial sometimes overrides justice in the public interest.

Take the nearly yearlong legal tug-of-war that’s been waged between Willow area dog breeder Frank Rich and state prosecutors. The public was outraged — and with good reason — when Alaska State Troopers and Mat-Su Borough authorities found 22 dead dogs on Rich’s property Jan. 10 and seized another 160 animals that were starving and malnourished.

It didn’t take long for authorities to charge Rich with 50 counts of animal cruelty relating to the dead dogs and 28 others that were in dire physical condition. Compassion for the animals overflowed and local residents donated more than $100,000 to help the surviving dogs.

While everyone, including Rich, is guaranteed their day in court, it sometimes seems that day may never come in this case. Apparently, lawyers from the Public Defender’s Office and Office of the District Attorney are working to settle the case.

It was discussed when the court was given notice of a change of plea on July 22. At that time, a Sept. 14 hearing was set for Rich to change his not-guilty plea. Then that hearing was pushed back to Oct. 31, then again for Monday. When our reporter followed up Monday expecting to attend that hearing to finally learn the expected conclusion to this emotional case, we learned the hearing had once again been bumped back another month to Dec. 7.

While continual rescheduling and delays are not uncommon in the court system, we’re forced to recall Gladstone’s warning, which has become a rallying cry for defendants and victims of crime alike. In this case, however, given the scope and gravity of Rich’s alleged abuse, the longer a disposition is delayed, the longer justice may be denied for Valley residents statewide.

In the wake of the large seizure of animals, Palmer-based Alaska Dog and Puppy Rescue, along with other animal rights groups, has been working hard to put teeth in laws governing egregious animal abuse. Armed with more than 6,000 signatures, about 500 or so from the Mat-Su Valley, Rich’s case may be a catalyst for that change.

Although 160 animals were seized and 50 charges of cruelty resulted, existing laws say those cannot rise to more than misdemeanor offenses. Perhaps stiffer penalties are in order, including the possibility of felony charges for particularly large numbers of animals or those who repeat that cruelty. In addition to his current legal troubles, Rich pleaded no-contest to similar charges in 2007.

We would never advocate any defendant not be permitted to fully explore all the legal options available. For the sake of public policy on how we prosecute those who egregiously abuse animals and as state lawmakers prepare the bills they’ll introduce in the next legislative session, we hope that delay won’t deny much-needed change.