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Richard H. Polsky, Ph.D.

Website author

Expert Witness for the defense

Animal Behavior Counseling Services, Inc.

Los Angeles, CA.

“Bad” Dog Witnesses

Listed below are the witnesses the prosecution called to testify about the dangerous nature of Bane or Hera prior to January 26th, 2001. In total, 21 people testified about 28 instances of aggressive displays demonstrated by either Bane of Hera. In some instances, both Bane and Hera simultaneously displayed aggression to the selected target. In other instances, the witness was not sure which dog was involved. Approximately 33% of the displays were directed towards other dogs and the remainder were directed towards people. Every occurrence except one (e.g. Cathy Brooks) happened in or near the apartment complex. Note that in only two instances was a person actually bitten (e.g. David Moser and Diane Whipple). The listing below does not reflect order of occurrence. Testimony at trial indicated that the frequency of displays increased over time. All of the incidents happened within a period of 6 months prior to the January 26th, 2001 mauling of Whipple.

 Witness  Dog  Target  Description
 Rhea Wertman -Tallent Bane and Hera Dog Two days before mauling of Whipple noticed Hera & Bane on leash being walked by the Noel and both viciously snarl and lunge at another dog across the street; testified that the dogs wanted to kill.
Aimee West Hera Dog Dog witness is with tries to mount Hera and Hera responds with aggression to dog.
Stephen West  Bane Dog Bane and the dog witness is walking lunge and growl at each other
 Lynn Gaines Bane and Hera Dog Bane and Hera lunge and bark at dog witness is walking.
 Lynn Gaines Bane Dog Second incident in which Bane lunges and barks at dog witness is walking.
 Lynn Gaines Bane Dog Third incident in which Bane lunges and barks at dog witness is walking.
Neil Bardock Hera Dog Single puncture wound inflicted by Hera to dog Bardock was walking; Witness says that Hera dragged Knoller.
Abraham Taylor Hera Dog Hera aggressively charges dog Taylor was walking and tried to bite it.
Diane Curtis Hera Dog Hera lunges and growls at Curtis’s dog as elevator door opens on 4th floor.
Ron Bosia Hera  Dog Hera locks onto hair of dog belonging to Bosia after Bosia dogs tries to mount Hera.
 Henry Putek Bane Human Bane escapes from apartment and charges Putek in hallway in front of his apartment on 6th floor. Witnesss freezes and Bane stops w/o biting.
 David Moser  Hera Human Witness sustains single bite in butt from Hera while exiting elevator.
  David Moser
 Bane
Human
Bane charges Moser in hallway of 4th floor 1 week prior to attack on Whipple; Moser freezes, Noel calls Bane, and Bane backs off and returns to Noel
 Skip Cooley Bane or Hera Human Dogs who were in elevator lunge at witness when elevator door opens; witness not certain which dog it was involved.
Diane Curtis Bane Human Bane lunges at her face when she attempts to enter elevator.
 Cathy Brooks Hera Human Hera assumes aggressive stance when touched by Brooks under chin; incident happens in a public park.
 John O’Connell Bane or Hera Human Bane or Hera during walk with defendant lunge and snarl at his son on sidewalk near apartment building.
 Derek Brown  Bane and Hera Human Dogs lunge and bark at Brown and his wife as they walk through apartment lobby.
 Derek Brown Bane  Human Bane lunges and barks at Brown as he walks through apartment lobby
Derek Brown
Bane
 Human
Bane lunges and barks at witness as he walks through apartment lobby
 Sharon Smith Bane or Hera Human Smith claims that Whipple phoned her saying that either Bane or Hera bit her on the hand near elevator
 Sharon Smith  Bane or Hera  Human Dog lunges at her in apartment lobby.
 Jill Davis Bane or Hera Human In apartment lobby near elevator and either Bane or Hera jump towards her pregnant stomach and snaps at her.
 Jason Edelman Bane or Hera Human Either Bane of Hera jumped up on his chest while he was in lobby.
  Jason Edelman Bane or Hera Human Witness says he saw either Bane or Hera jump up on elderly women in lobby.
Jane Lu  Hera Human US postal worker delivering mail and Hera approaches on street and snarls and then withdraws.
  John Wantanbe Bane and Hera    Human Bane and Hera both charge and snarl at Wantanbe who was delivering mail outside apartment building. Dogs suddenly stop and return to defendants.
 Violetta Pristel
Bane or Hera
Human Either Bane or Hera lunge, bark and growl at Pristel when elevator door opens.
 Stephen Davis  Bane Human  Bane exits elevator and lunges at him.