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Return to the Anti-Cruelty Center homepage.
The Prosecutor Speaks
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| Assistant District Attorney Paige Santell (lower right) at the trial prosecuting State v. Stevenson in the county courthouse,
Judge Lonnie Cox presiding. |
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Assistant District Attorney Paige Santell prosecuted the State v. Stevenson trial, which began on November 12, 2007. Mr. Stevenson did not testify. On November
16 the case was declared a mistrial after more than eight hours of deliberation by a jury of twelve, of whom eight voted to convict.
Alley Cat Allies interviewed Assistant District Attorney Paige Santell following the trial to get her insight into the case and to talk generally about the anti-cruelty
law in the state of Texas. Click on the audio clips below to hear portions of that interview. |
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On April 18, 2007, a Texas grand jury indicted James Munn Stevenson of felony cruelty for "intentionally or knowingly” shooting and killing a cat with a .22-caliber
rifle. John Newland, a tollbooth operator on the bridge where the crime took place, had been feeding and taking care of the cat who was shot. |
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Assistant District Attorney Paige Santell describes…
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...the actions of the defendant, Jim Stevenson, beginning the night before the crime
was committed. (Read
the transcript.)
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“…he was out the night before and he saw a cat with a limp stalking a bird. And he came back the next day, picked the cat out—or what he thought was the cat that was stalking the bird—and shot it.”
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"...this animal suffered a great deal. That was another part of this case. I mean, this animal did not die right away. It took, you know, 30 to 45 minutes before it died. It was in a terrible amount of pain.”
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“Mr. Newland, through his actions, had developed what we believe was a greater right of possession of those cats than any other person off the street. He had fed them, watered them, provided shelter for them, provided toys for them, provided vet care for some of them. And through those actions, we believe that he had established himself as an owner, being that he had a greater right of possession to them than just someone off of the street.”
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The wording of the law at issue in Jim Stevenson’s trial was a departure from historic
Texas anti-cruelty law and the anti-cruelty laws of most other states. Since then, the Texas legislature has substantially amended that law. Read
more. |
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...the Texas felony anti-cruelty statute as it applied to Defendant Stevenson. (Read
the transcript.)
| “Well, at the time that he committed the statute [sic], it was a violation of 42.09 of the Texas penal code, and that is, if you—a person
commits an offense if the person intentionally or knowingly kills, seriously injures, or administers poison to an animal—other than cattle, horses, sheep, or swine—belonging
to another, without legal authority or the owner’s effective consent. That’s how the statute was in place at the time.” |
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...why the state legislature amended the Texas anti-cruelty statute after Defendant Stevenson was indicted.
(Read
the transcript.)
| “…the ownership requirement needed to be eliminated. And the new legislative session did that and they specifically changed the statute
to eliminate the ownership requirement and they divided animals into domestic and non-domestic. And feral cats became specifically protected in this new statute, and
they actually addressed the feral cats.” |
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...the attachment of Mr. John Newland, the caregiver in this case, to the cats he takes care of. (Read
the transcript.)
| “Mr. Newland, God bless him, that’s his life; I mean, he loves these cats. And he has feelings and emotion for them. And that was
very evident on the stand. He cried when even discussing this matter. He cried on the scene when the officers came. He was highly emotional because he has feelings
invested here. And I think that this law helps people like John Newland because it protects the animals that they care so much about.”
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| “I think that the impact on that is going to be good because I think that they now, people that care for these animals know that they’re
protected, that somebody just can’t pick them off, you know, randomly on the street. And I think them being protected is important to people that care for these
animals.” |
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...her office’s work and its role in amending Texas anti-cruelty law to expressly cover feral cats. (Read
the transcript.)
| “I’m very, very, very proud of the work we did on this. And people have asked me, would I do this again, and you bet, because, I mean,
I’m proud of the work we did. I think that, you know, all of us, including the prosecutors in Waco and some other animal cruelty cases, we played a part in getting
that law developed and changed. And I think it’s important. And I am proud of what we’ve done here.”
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| Assistant District Attorney Paige Santell is a felony prosecutor on child abuse, animal cruelty, and sex crime cases. Santell joined the
D.A. office following a career in law enforcement, where she was a deputy for the Galveston County Sheriff's Office and later, the Texas City Police Department. Santell
attended the South Texas College of Law. |
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Alley Cat Allies
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