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3-year fight to save dog's life goes onBy STEVEN S. WOO © St. Petersburg Times, published June 24, 1998 His owner doesn't come to visit him, but she has waged a lengthy court battle to keep him alive, running up bills of $78,000 so far, she says. He was ordered destroyed shortly after biting a 4-year-old Palm Harbor girl in 1995, but he has been at the animal shelter so long that they have built him a spacious private cell, complete with an outdoor walkway, a carpeted mattress and a blue sign decorated with musical notes proclaiming it "Beethoven's Suite." Beethoven's stay so far has cost county taxpayers $6,000 in upkeep and $8,000 in legal bills, and there's no end in sight to the court battle. "It's a mess," said the dog's owner, Lorraine Sabates of Palm Harbor. "I think it is appalling that Beethoven's been there as long as he's been. I've made attempts to meet halfway with the county and send the dog out of state, but I've all but given up." The county, however, says Beethoven is a dangerous dog that should be destroyed. "People seem to forget that a little girl was severely injured by this dog," said Assistant County Attorney Christy Donovan. Beethoven's saga began on Labor Day 1995 when Julia Allen and another girl approached the dog while he was chained in Sabates' garage. Sabates and her daughter Courtney, then 12, had just pulled into their driveway and were unloading their car. Courtney was in the house while her mother talked to Julia's parents and another neighbor, Tim Dinsmore. Dinsmore's daughter and Julia went into the garage to pet the then 5-year-old dog. By some accounts, Julia tried to kiss the dog and put her arms around his neck. The dog took her whole head in his mouth and bit her. The bite opened gashes and severed a nerve in her face, paralyzing a portion of Julia's bottom lip. She was hospitalized for six days after her wounds became infected. Beethoven had bitten Julia before, a March 1995 bite on the ear, but she wasn't seriously injured. The county determined that Beethoven was dangerous and issued a "Notice of Imminent Destruction" -- a death warrant. But Sabates argued that the dog was not dangerous. Beethoven was raised around children and had never bitten anyone except Julia, she said. Furthermore, the dog was restrained on her property, which was posted with signs warning of his presence. David Plante, one of Sabates' attorneys, contended that a state law required a hearing before animal control authorities before a notice of imminent destruction was issued. "The county failed to comply with that provision," Plante said recently. "They just summarily sentenced the dog to death. Then we made the decision to appeal to county court." County Judge Henry Andringa declared that Beethoven should die, but not for 30 days, leaving the door open for Sabates to appeal. She did, and a three-judge panel ruled that Sabates was entitled to an administrative hearing. The case has continued its way through the court system. It is waiting to be heard on appeal in Pinellas County Court in the next few months. A motion by the county to dismiss the case is also to be heard in Pinellas-Pasco Circuit Court. Sabates' attorneys -- she is represented by the firm of former U.S. Attorney Robert Merkle -- have said they may take the case all the way to the Florida Supreme Court if necessary. Sabates said she cares for Beethoven so much that she can't bear to have him die. Yet she seldom visits the dog. "The only visitors he gets are the workers. They have basically become his owners," said Dr. Kenny Mitchell, director of Pinellas County Animal Services. "They take care of him, walk him six times a day, feed him and give him water." Sabates said long work hours and the heartbreak of visiting the dog at the shelter have kept her away. "Not a day goes by that I don't think of him," she said. "He is a part of our family and he's in jail. "I wish it could be over. I'm not sure if I would have had him deal with this if I'd known he'd still be in there three years later." Sabates is supposed to be paying for Beethoven's care at the rate of $5 a day, but she has paid for only one day and county taxpayers have had to pick up the rest of the $6,018 tab, officials said. Sabates wants Beethoven to live, but she also wants the law concerning the destruction of dogs clarified so other owners can have an easier time appealing decisions. "As important as saving Beethoven's life is having the law clarified so power is evenly distributed," she said. "Right now, the arresting officer (Mitchell) is also judge and jury. It makes no sense for the man making the decisions to be the one reviewing the decisions." Since the biting incident, Sabates and Beethoven have gotten support from animal rights activists. In 1996 about 50 people gathered along the road near the Pinellas County Animal Services shelter in Largo to show support for the dog. Mitchell questions the protesters' values. "Some people care more about the dog than the children," Mitchell said. "It's strange. I was getting calls saying, "Kill the kid, save the dog.' " While Sabates' legal fees escalate, Beethoven lies amid a few stray pieces of dog food on the floor of his cage at the shelter. The Allens have moved from the neighborhood and cannot be found, Donovan said. "They call occasionally to check up on the situation, but at this point, I think they would rather just go on with their lives," she said. "I think they want to make a new life for themselves apart from this fiasco." Mitchell said the law needs to be changed so action in these matters can be swift. He said he doesn't know how long the dog might stay in the shelter or how long it will be until the case is resolved. "I may retire and Beethoven would still be here," he said.
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ALM HARBOR -- A 140-pound Great Dane named Beethoven has been serving time on the canine version of death row in Pinellas County for almost three years.
