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The Star-Advertiser editorial "Puppy mill case demands justice" is uninformed when it declares that the prosecutor’s office could — and should — have filed animal cruelty charges against the officers of Bradley International rather than the corporation that owned the Waimanalo puppy mill (Star-Advertiser, Our View, Dec. 19).
If Vernon Luke and Shannon Luke could have been charged individually, the prosecutor’s office would have done so in an instant. Animal cruelty cases have always been among Prosecutor Keith Kaneshiro’s stated priorities. However, a thorough investigation found no evidence that proved the Lukes were either actively involved in the operation of the puppy mill or had direct knowledge of mistreatment of the animals at the time the puppies were seized.
The prosecutor’s office has an ethical responsibility to not bring charges if the charges cannot be substantiated in court.
David Becker, who managed the puppy mill, was charged because there was evidence he had direct knowledge of what conditions were like on the property.
Bradley International was charged because the corporation was liable for Becker’s actions.
Further, as Hawaii Revised Statutes 414-385 notes, "Dissolution of a corporation does not … abate or suspend a proceeding pending by or against the corporation on the effective date of dissolution." Bradley International still faces the possibility of heavy fines when it is sentenced in February.
The Hawaiian Humane Society and the prosecutor’s office have worked together from the day the puppies were seized through the forfeiture hearing and the criminal trial. Regular consultations were held and the society was notified and updated on all actions that were being considered.
The Waimanalo puppies have been rescued and the prosecutor’s office will do everything in its power to see that the Lukes never own another animal-breeding operation in this jurisdiction.
The relationship between the Hawaiian Humane Society and the prosecutor’s office remains strong and we look forward to more collaborative efforts.
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Dave S. Koga is the executive assistant for communications and community affairs for the Honolulu prosecutor’s office.