The Dutchess County Public Defender's Office will seek leave to appeal a ruling Wednesday by the Appellate Division, Second Department, approving the presence of a trained "comfort dog" to alleviate the anxiety of a young rape victim as she testified (NYLJ, July 11). "I disagree with it completely. I was very disappointed," said Steven Levine, senior assistant public defender. "I hope that, number one, the Court of Appeals will agree to hear the case. And number two, I think they're going to come to a different conclusion." Levine is representing Victor Tohom, who is serving 25 years to life in prison after being convicted at a June 2011 trial.
Levine said he will argue, among other things, that the absence of a law explicitly allowing a crime victim to be accompanied by a dog to the witness stand violates the equal protection clause of the Constitution because it is unclear when the animal can and cannot be used. But assistant district attorney Kirsten Rappleyea in Dutchess County called Wednesday's ruling "a very well-done decision." She argued that Executive Law §642-a (4) "applies in this circumstance to protect individuals such as this crime victim," a view accepted by the Second Department.
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