last-minute defense strategy in the Leo-the-dog trial turned around to bite defendant Andrew Burnett in the backside.
Burnett stipulated that he was at the scene of February 2000 traffic squabble at San Jose International Airport and threw the dog to its death. But his attorney tried to convince jurors that it was split-second reaction caused by the dog, which had snapped at him.
Jurors simply didn't buy that story. They deliberated for less than an hour before convicting Burnett of felony animal abuse in one of the highest-profile trials in the Bay Area this year.
By trying to paint Leo as the aggressor, Burnett gave prosecutors exactly what they wanted: an admission that he was at the scene and that he threw the dog.
"We always thought this was an identification case. ... When the defense stipulated, it took a lot of pressure off," said Santa Clara Deputy DA Troy Benson, who prosecuted the case.
The dog case captivated media outlets and audiences across the country. The Washington Post, People magazine and Oprah Winfrey all reported accounts of Leo's story.
The unusual amount of publicity surrounding the case meant a packed courtroom throughout the week-long trial and made a usually minor prosecution into a high-profile, high stakes case for the Santa Clara district attorney's office.
Merced defense attorney Marc Garcia was unable to convince the jury that Leo snapped at Burnett as he was motioning for Leo's owner to pull over following a minor traffic accident at the airport.
"Even if Leo had bitten him inside the car, there would be no defense to the fact that he reached in with both hands and pulled the dog out," Benson said.
According to the dog's owner, Sara McBurnett, and other witnesses, Burnett stormed from his SUV after being rear-ended by McBurnett. Burnett reached into an open car window, grabbed Leo and tossed him into oncoming traffic, resulting in the dog's death.
Burnett, a former Pacific Bell repairman, is also charged with stealing a company van and forging a letter to the court to dispute a speeding ticket. He could face up to three years in prison for the Leo incident alone. He will be sentenced in July.
