12/02/08: Steve and I were in court again today. Since the defendant has already had 3 continuances, today was a day to determine where the case would go. According to the DA, options were to change his plea, ask for an ERC (Early Resolution Calendar) or ask for a preliminary hearing, whichultimately leads to a jury trial or judge only determining sentence based on evidence and statements provided. The DA told us it would be a better scenario for the defendant to ask for the ERC< because of the strength and volume of evidence she has. But isntead his attorney has asked for a prelim hearing. She said his attorney asking for the prelim hearing actually works in our favor, because of the strong case, although it takes longer. It is scheduled for February 18 in the a.m. I am not sure if this will include sentencing and/or be helpful to have supporter there, buti will find out when I next speak to the DA.
I will keep you all informed when we need to ask for your support in appearing with us again. Please know we realize your busy schedules and truly appreciate the help and support in appearing when the time is right. The DA is meeting in 2 weeks with the defendant's attorny and will have a better idea at that time where we go from there. In a prelim hearing, witnesses in the case (which include many others besides us) would be subpoenaed to give testimony. I don't know who other witnesses are, as the case is open and incldes others with previous incidents involving this same dog. I am sure some of you checking the website may be called as witnesses. I realize this may be inconvenient for some folks. But please remember we truly have the opportunity to change the future, making it a safer place for humans and animals. We have the chance to send a strong message that pet ownership is a responsibility and irresponsibility will not be tolerated without consequences. Also, that our pets deserve better care than this.
The healing of Steve's hand has continued to slow and we are still facing the decision about surgery. Because he uses his hand for work and hobbies, we will weigh the decision carefully when we get to that point. We truly appreciate everyone's continued support and belief in Bella. Our hope and faith remain strong that she will return home safely when the time is right...hopefully soon!!! That is our priority and not a week goes by w/o at least one call about a found dog matching her description...and this is because of all the work you folks have done in getting fliers and the word out...we are very grateful. We firmly believe one of these calls will be her one of these days soon. We continue to put up fliers, pos ters, cameras, awaiting the next sighting. She is truly a survivor, by nature and breed. We have also mailed to almost 1,000 vets in an over 100 mile radius w/her picture and microchip id #, asking them to please scan any new black w/tan shiba's to their practice, in case she's gotten further than we believe or someone has found her and not aware of microchip. We are also considering a mailing to pet stores and groomers, depending on our funds.
The healing of Steve's hand has continued to slow and we are still facing the decision about surgery. Because he uses his hands for work and hobbies, we will weigh the decision carefully when we get to that point.
Again, we could never do this without the kindness and time all of you give so generously. Please know how much we appreciate the continued help and support in bringing Bella home safely.
Terri & Steve Belsley
11/15/08: The next court date is 12/2 and that is a continuance, so no volunteers are needed to be there, unless they want to come just to show support to judge that we haven't forgotten. What we'll really need is everyone's support and attendance at the sentencing down the road, per the DA.
11/01/08: I wanted to give everyone an update on our court date this past Tuesday. Not much happened, the defendant's attorney was 45 minutes late, which gave us a chance to hear a lot of other arraignments and continuance requests. The defendant himself did not show as he has signed a form to allow his attorney to appear in his place.
(Update 9/30/08)
Hi All-
We appeared in court today and had almost 30 supporters , which filled more than half the chairs available in courtroom First, I can not thank all of you enough for taking the time to be there and make a difference. As you will read below, the judge did a doubletake when he saw how many of us were leaving at the end of the case.. I believe we have truly started the process in changing the future to be safer for humans and animals, making pet ownership a responsibility and sending the strong message irresponsibility will not be tolerated. Also, that our pets deserve better care than this. Although getting Bella home safely is my priority, it is an honor and privilege to be part of, in my own way, making a positive imipact on the future.
The "People vs. Batanich", true to the DA's word, was first on the docket. He was not in attendance exactly at 9:30am when they called his name, but appeared w/an attorney a few minutes later and was called again. I would have never recognized him, as they had him cleaned up, in a suit, shaven and hair cut. It's my guess his parents are once again taking care of things for him, not making him responsible for his own actions.. He pleaded not guilty, which was not a surprise to the DA, as this buys him more time and insures all evidence and discovery is turned over to his attorney. The next court date is Tues., 10/28. These continuances will likely go on for a bit and eventually DA and defendant's attorney will reach an agreement, which likely includes a change in his plea,. By pleading not guilty, all he does is drag things out and basically force the DA to present their entire case to them in advance to going before a judge. This could also become a jury case but is unlikely, as that would not be in defendants best interest and his attorney would advise against that. Then there will be a sentencing, where sentencing is determined and we have a chance to speak. Although any of us are welcome to attend any court dates, the sentencing date, TBD, is the one DA believes our strong presence can really make a great impact on the issue of responsible pet ownership and consequences, along w/our pets deserving better care. Once this date is determined, we will post and ask anyone able to attend to be there. Although Steve and I wll be at every court date, we wouldn't ask any of you to attend again until the sentencing, unless you wanted to.
The DA was right....the arraignment was chaotic, moved rapidly and appeared disorganized. However, when DA motioned me to meet her outside as we were done and the other 30 people followed us out, the judge definitely took notice. One volunteer watched the judge specifically, who was looking down at paperwork, but looked up in surprise as he heard the noise of so many people vacating at once and saw his courtroom emptying with our supporters of responsible pet ownership. The DA was also paying attention and confident it made the impact she was looking for at the arraignment. So thank you all again, for being there and your support.
The next hurdle is getting a judge assigned to our case w/a history and background favorable to animal cases. Of course, the defendant will be looking for a judge with the opposite record. I don't know how ultimately judges are assigned to cases, but just pray that we'll get the right one. The DA is working on this.
Speaking of DA Marisa McKeown, she is amazing, articulate, strong and knows her stuff. We are so fortunate to have her assigned to our case. The supervising DA, Cindy Sevely assured me she would be turning this case over to a very capable DA for prosecution and she is impressive. Not only was she well prepared for the arraignment, she spent considerable time with all of us afterwards, explaining the process and what to expect, as well as answering our questions. She even read the specific CPC 399 section B to us, to give us a better understanding of the charges and why it fits our case so well. Clearly, she also does not want to settle for any kind of a plea bargain down to a misdeamoner and believes this case should be tried and convicted as a felony. We don't know all that's in the case at this point, since it's an open investigation, but she is definitely in for the long haul, whatever it takes. She also had the DA Media Officer, Amy Cornell, with her. Since there was no press present, she will issue a press release stating the outcome of today's arraignment. This seems to be how the print media (SF Chron, SJMN) operate. We are truly fortunate to have both Supv. DA Sevely, DA McKeown and media officer Amy Cornell on our side.
Thank you all again for your continued caring and support. Especially those of you able to make it today, I know many of you wanted to attend but were unable for various reasons out of your control...please know Steve and I appreciate the many other things you are all doing all the time, to help us find Bella and bring her home safely. We certainly felt your presence whether in the courtroom or not. Will keep website posted, especially if there is any news on the new trap. Also, regarding the sentencing date, once it is determined. We couldn't do this without all of you and are so grateful. Thanks again.
Pit-bull owner charged with felony in attack on S.J. man and his dog
Henry K. Lee, Chronicle Staff Writer
Monday, September 22, 2008
The owner of a pit bull has been charged with a felony after the animal bit a neighbor in San Jose as he tried to protect his dog, authorities said today.
Ivan Batinich, 22, of San Jose is to be arraigned Sept. 30 on a charge of allowing a vicious animal to be at large, Santa Clara County prosecutors said.
The incident happened about 7:30 p.m. April 11 as Steve Belsley, 57, was walking his Shiba Inu dog, Bella, on Edenbury Lane, around the corner from his home in south San Jose.
Batinich's pit bull, a 10-month-old unneutered male named Brutus, was running loose nearby and began attacking Belsley and Bella, authorities said.
Belsley picked up his dog to protect it from the attack and was bitten more than 20 times in both hands and his left arm. Belsley, an engineer at Lockheed Martin in Sunnyvale, suffered injuries to his left hand that are likely to be permanent, his wife said.
Bella ran off and hasn't been found. The dog is the subject of a search by Belsley and his wife, Terri, who have been posting reported sightings of their dog at http://www.bringbellahome.info/.
The couple have no children and considered Bella, who turned 3 years old on April 1, "like our child," Terri Belsley said.
They took camping trips with Bella and brought the dog to canine-friendly restaurants and neighborhood events. During the day while the Belsleys were at work, Bella went to "doggie day care" to play with other dogs.
Terri Belsley cried as she recounted how her husband, bleeding profusely, came back home screaming and in a panic after he had been attacked. "To follow a trail of blood through your own house is a horrifying experience," she said.
Even though he was in pain, her husband dashed back outside to look for Bella, she said.
The criminal case against Batinich will be an opportunity to emphasize that pet owners need to be responsible for their animals, Belsley said.
She said she has nothing against pit bulls, but that "irresponsible ownership will not be tolerated. This should never have happened. We just never anticipated being charged head-on by an aggressive animal."
Batinich could not be reached for comment. His pit bull has been euthanized.
E-mail Henry K. Lee at hlee@sfchronicle.com.
SJ MERCURY NEWS COVERAGE
San Jose man facing charges after his pit bull attacked a neighbor
By Lisa Fernandez
Mercury News
Article Launched: 09/22/2008 02:49:11 PM PDT