A national animal welfare organization has filed an ethics complaint against a Pennsylvania district attorney.
SHARK (Showing Animals Respect and Kindness) charges Bucks County DA David Heckler with conflict-of-interest, favoritism, and failure to fulfill his professional responsibilities. The ethics complaint was filed with the Disciplinary Board of the Pennsylvania Supreme Court.
SHARK, an Illinois-based charity, has been more active in Pennsylvania following a $1 million donation by Bob Barker to stop pigeon shoots. Pennsylvania is the only state that has open and regularly occurring pigeon shoots.
The conflict-of-interest part of the complaint dates from 2010 when Heckler
refused to allow Johnna Seeton, a humane officer, to have an attorney and then blocked her from filing summary citations of animal cruelty against the Philadelphia Gun Club of Bensalem, Pa. “I showed him the evidence, and that’s the last I heard from him,” says Seeton. But it wasn’t the last of the case. “The next thing I know is that I read in the paper that Mr. Heckler had brokered a deal with the gun club,” she says. That deal was for the club to pay court costs and make a $200 donation to the Bucks County SPCA. Seeton was never consulted. Heckler, however, prior to working out a deal had gone to the media to denounce Seeton’s citations as nothing more than “hot air.”
The deal was worked out with Sean Corr, attorney for the PGC. Corr, says Steve Hindi of SHARK, “was one of the biggest individual donors to the Bucks County Republican Committee [which had] heavily funded Heckler’s election campaign.” Heckler had been a state representative and senator and then a judge of the Bucks County Common Pleas Court. Corr, who was shooting pigeons at the PGC in December 2009, was convicted of harassment for shoving a camera into Hindi’s face; Hindi was not on PGC property at the time of the incident, according to the Doylestown Intelligencer. Corr is currently a part-time solicitor for the county.
On April 30 of this year, Seeton filed five summary citations of animal cruelty against the PGC for violations during pigeon shoots on March 17 and 31. State law gives DAs the discretion to deny the presence of attorneys for plaintiffs. However, Heckler’s actions are the only time any DA denied Seeton, a humane officer since 1998, the right to have an attorney. Seeton says that a private attorney representing the Pennsylvania Legislature Animal Network (PLAN) would incur no public costs. As was the case in 2010, Heckler refused to tell Seeton the reason for his denial of legal representation.
“There is a reasonableness standard that a DA in denying attorney representation will have a bona fide reason to do so,” says Elissa Katz, an attorney and president of Humane PA PAC, “but in this case there appears to be no reasonable basis for denying representation.” The PGC, however, could be represented by an attorney in the court of District Magistrate Leonard Brown. Heckler’s action “places the parties on an unfair playing field from the beginning,” says Katz.
Heckler numerous times stated that although he isn’t a pigeon shooter, he is reluctant to pursue charges against pigeon shooting because it isn’t a crime in Pennsylvania. Tom Logan, a Bucks County assistant district attorney, says the reason the DA’s office is denying Seeton legal representation is because “a review of the law [indicates] it is not a crime. If it’s not a crime, we don’t want to turn it into a crime.”
However in Bensalem Twp., where the PGC is located, pigeon shooting is illegal. In May 2002, the township determined that “live pigeon shoots do, in fact, violate the Pennsylvania Animal Cruelty Statue . . . as well as Township Ordinance No. 71,” and issued a cease and desist order. The PGC briefly suspended the shoots. Karel Minor, executive director of the Humane Society of Berks County, says pigeon shoots, contrary to public perception and political gesturing, are already illegal. The shoots, says Minor, aren’t protected “under any statute, law or code.” Further, he says, “Because they aren’t exempt from animal cruelty law, they are subject to them by definition.”
However, the problem is enforcement. “As long as DAs aren’t allowing humane society police officers to enforce existing law, the legislature is going to have to stop avoiding the issue and clarify that this practice is illegal,” says Heidi Prescott, senior vice-president for the Humane Society of the United States (HSUS). Leaders of the state legislature, cowered by a heavy NRA lobbying campaign that irrationally equates an end of the cruelty of pigeon shooting with a violation of Second Amendment rights, have numerous times blocked legislation from a full vote. The only time the bill was voted on as a free-standing bill was in the 1980s. Several attempts to amend it have been made over the past 20 years, the closest vote taking place in 1994, when the House voted 99–93 in favor of an amendment to ban pigeon shoots, but fell short of the 102 votes needed for passage.
Most of the 20–25 pigeon shoots are in suburban Philadelphia, specifically Bucks and Berks counties, with a combined population of more than one million. Individual shoots are also held in Dauphin and Northumberland counties. The Hegins pigeon shoot in Schuylkill County was finally cancelled in 2000 after the state Supreme Court ruled that animal cruelty charges could be filed against the organizers. That shoot, begun in 1935, had attracted national attention during its last 12 years when animal rights protestors tried to rescue wounded birds and used several tactics as they confronted shooters and their supporters, including large numbers of skinheads and fringe groups from the extreme right.
Pigeon shoot organizers put as many as 5,000 birds, often scared and undernourished, into small cages and then release them about 30 yards in front of pretend-hunters with 12-gauge shotguns. Most of the birds are hit by the shot within five to 10 feet of the cages, with many shot while standing on the ground. About three-fourths of all birds are wounded, not killed outright, says Prescott. If shot within the gun club’s property, trapper boys, often in their teens will take the birds, wring their necks, snip their heads off, or stuff them alive into barrels to suffocate. If the birds survive long enough to fly outside the gun club’s property, most will die lingering and painful deaths; at the PGC, many will fall into the Delaware River and slowly drown as they struggle to swim to shore, says Prescott.
The Pennsylvania Game Commission doesn’t call pigeon shoots a sport nor does the International Olympic Committee, which banned it after the 1900 Olympics. Most hunters and sportsmen oppose pigeon shoots because they aren’t considered to be fair chase hunting.
SHARK also claims Heckler repeatedly refused to file charges against the PGC for actions that specifically violate Pennsylvania law. It claims Heckler refused to file charges against PGC members for deliberately firing shotgun shells at protesters in boats on the Delaware River. The PGC had initially filed requests with the Coast Guard to establish temporary exclusion zones on the river during pigeon shoots, but withdrew the requests. SHARK believes the reason is because the PGC didn’t wish to file an environmental impact statement that would reveal more than a century of shotgun shells and dead pigeons polluting the river.
The SHARK petition also claims that in two separate incidents PGC members recklessly drove their vehicles at female protestors. Both actions were captured on videotape. In one case, the local police and the DA’s office refused to press charges. In the second incident, a PGC member who is an attorney yelled sexist obscenities at a Marianne Bessey, an animal rights activist, “as he recklessly drove his SUV past her.” Later, in media interviews, the PGC member acknowledged his actions. However, when Bessey, an attorney, tried to file a private complaint for disorderly conduct and harassment, Heckler denied it. Bessey says Heckler claimed there was “insufficient evidence” and that her complaint lacked “prosecutorial merit.”
Heckler also refused to file charges against an individual who, SHARK claims, assaulted Hindi and brandished a pistol, threatening him for protesting. According to the petition, Robert Olsen, operations manager of Carlton Pools, owned by Joseph Solana who holds live pigeon shoots on his property, twice drove his SUV directly at a vehicle driven by Hindi on the company’s parking lot. The third time, according to the petition, on a public street, Olsen “grabbed at and assaulted” SHARK investigator Janet Enoch. When Hindi tried to intervene, Olsen pointed a loaded pistol at Hindi, swore at him, and ordered him to “get down on the ground,” according to the complaint. Although the assault was videotaped, Heckler filed only two charges—reckless driving and fighting. In contrast, according to SHARK, Heckler prosecuted a resident who “pulled a handgun on a snow plow operator who had just buried his car in the snow.” That charge led to a three month jail term.
Pigeon shoots, like cockfighting and dog fighting, “are contests scored by hurting and killing live animals while gambling on the outcome, representing the worst of humanity,” says Prescott.
Although Pennsylvania legislators, police, and DAs may publically say how much they detest animal cruelty, they have shown their cowardice to do what is right by their failure to prosecute cruelty charges against pigeon shoots.
Walter Brasch’s latest novel is Before the First Snow.