A bill for the California Legislature to inhibit a recurrance of the San Francisco dog mauling murder.
(c) 2003, Mike Barkley

    From: "Mike Barkley" , mjbarkl@comcast.net
    To:  Assemblymember.Leno@assembly.ca.gov ,
    Subject: Legislation to prevent recurrance of the San Francisco Dog Mauling homicide
    Date: Sat, 9 Aug 2003 04:56:45 -0700
    Dear Assemblyman Leno,
        Last year I sent the following proposed legislation to 
    Assemblywoman Midgen.  While it is unusual legislation for
    a Democrat to sponsor, it did not deserve to go in her "drop
    dead" pile.  Please consider sponsoring it and submitting it 
    in the Assembly.  I am adding this to my web site at 
    http://www.mjbarkl.com/leno.htm .
        Thank you.
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        From: "Mike Barkley" , mjbarkl@inreach.com
    To: "Show -OnTheRecord" , ontherecord@FOXNEWS.COM
    Subject: Skinning the cat, and the Murder of Diane Whipple
    Date: Wed, 3 Apr 2002 20:00:10 -0800
    People like Russ Hunt, Sr., Marjorie Knoeller, and Robert Noel
    lend credence to that old saying, "99% of the lawyers give the
    rest of us a bad name."  Following is a suggested bill for the
    California legislature I sent to Diane Whipple's Assemblywoman, 
    but of course there's been no response.  The Catch 22 for the
    building owners is that if they had attempted to evict Noel &
    Knoeller to get rid of those dogs, they also would have risked 
    prosecution by San Francisco District Attorney Terence Hallinan, 
    who has been busy lately prosecuting landlords for unlawful 
    evictions under the San Francisco Rent Control Ordinance.  Sigh.
    If allowed to vote or influence or rule on the case, I would have
    voted with the Jury as they voted, as well as to convict everyone
    who was in upon the "conspiracy" to place those dogs in that
    inappropriate structure.  But of course I always get kicked off
    of juries....
      --Mike Barkley
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    From: "Mike Barkley" , mjbarkl@inreach.com
    To: Assemblymember.migden@assembly.ca.gov
    Cc:  Eric.Potashner@asm.ca.gov ,
    Subject: Dog Mauling Trial and Verdict
    Date: Thu, 21 Mar 2002 23:42:03 -0800
            My wife and I own and operate an apartment complex where we
    accept pets, within certain guidelines.  From time to time people bring
    onto our property animals we would never wish to have here, such as
    pit bulls or rottweilers, and the legal procedure for removing the animal
    and/or the tenants is complex and time consuming, during which time
    my other tenants and the general public are at risk.  Nevertheless, when
    I encounter such an animal on my property I begin legal proceedings to
    remove the tenants and their animal as applicable.  It helps being a 
    lawyer.  The ultimate horror story would be if I were not a lawyer, and
    were in a jurisdiction such as San Francisco where evictions are nearly
    impossible, and the possessors of the dangerous animals were 
    high-profile criminal lawyers with organized crime connections.
        Looking at the map, I assume the death of Diane Whipple occurred in
    what is now your District.  Please forgive me if I am mistaken.  It might
    be appropriate for the state legislature to consider a Bill along the lines
    of the following.  Please consider having your analysts put it in good
    form and introduce it in the Assembly.  Thank you for your attention.
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         Upon belief by any lessor or any duly authorized agent of such
    lessor of any property being used or intended for use as residential 
    property that a person has brought into that property an animal that
    is a danger to persons on that or neighboring that property or on
    public property in the general vicinity, notwithstanding any other
    provision of state or local law, such lessor or duly authorized agent
    may proceed to any sheriff's or marshal's (as applicable) office or
    substation within the county where the property is located and make
    known his belief, following which the sheriff or marshal or person
    authorized by such sheriff or marshal shall immediately escort the
    lessor or duly authorized agent to any judge within the jurisdiction
    and upon declaration under penalty of perjury by such lessor or 
    duly authorized agent as to the belief that the animal in question is
    such a danger, the judge shall immediately issue an alternative
    order to vacate the premises or remove the animal in question.  
         Thereafter the sheriff or marshal or person authorized by such
    sheriff or marshal shall immediately escort the lessor or duly 
    authorized agent to the property in question and shall serve upon the
    person or persons in possession of the animal in question that either
    the animal must be removed from the property immediately and not ever
    be returned or that the sheriff or marshal will immediately escort all 
    persons and the animal off of the property at which time any rental
    agreement or lease under which possession of the property was held shall
    be deemed forfeit, and the sheriff or marshal shall order them not
    to return until such time as they obtain a court order allowing them
    to return.
         If after 7 days following the time the sheriff or marshal 
    escorted such persons off the property such persons have not made 
    arrangements to recover their personal property from the property, the
    lessor or duly authorized agent shall dispose of such possessions 
    in accordance with Section .... except that the .... day waiting 
    period in Section .... shall not apply.
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    Respectfully submitted,
    --Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
                  mjbarkl@inreach.com - Cure Multiple Sclerosis Now!
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--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
No more excuses! - Cure Multiple Sclerosis now!