Man mauled. Dog get supporters

It’s man versus beast in Princeton, and the town is in an uproar over a dog on death row.

The curious case of Congo, an 85-pound German shepherd sentenced to die for attacking a Honduran landscaper, is making its way through New Jersey’s courts. Protesters have packed the courtrooms here and have staged rallies waving signs that say “Free Congo!” And the landscaper, Giovanni Rivera, who suffered a six-inch bite wound and other injuries, has been vilified by some of the dog’s supporters in this well-to-do Ivy League town, who have been sending newspapers and blogs angry anti-immigrant slurs.

“The dog deserves an award,” said one posting to The Princeton Packet Web site. “One less Mexican alien is a boost to society.”



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“It’s horrendous what we’ve had to deal with,” Mr. James said as Congo bounded around their kitchen on Saturday, clenching a stuffed cow that was a homecoming gift. “But we are confident, going forward, that we are going to win this war.”

PRINCETON TWP. — Death row dog Congo won temporary freedom yesterday. And like any red-blooded American out on bail after a long stint in jail, the big dog went home and celebrated by eagerly mounting mate Lucia amid happy onlookers and flowing champagne.

New York City TV crews and other media last night crowded into the palatial home of Guy and Elizabeth James. The couple has been waging a five-month legal battle to free Congo ever since he was sentenced to death for mauling a gardener the dog feared was hurting his family.

An elated Guy James said he was thankful for the thousands of e-mails he has received from people all over the world.

“What I understand is there was some kind of march in Chicago the same day we had our rally in Princeton,” he said amid the party atmosphere. “It’s just been unbelievable.”

State Assemblyman Neil M. Cohen, a Democrat from Union, has introduced legislation, which he calls Congo’s Law, that could spare the life of Congo and other dogs in similar situations by giving judges more discretion in meting out punishment.

And now, thousands of people from Princeton and elsewhere are petitioning the governor for a pardon. (There is precedent for such things in New Jersey.)

In a letter to The Princeton Packet on Tuesday, a resident, Jonathan Eckstein, wrote: “I urge the State Legislature to vote down this absurd legislation and put the rights of human beings like Mr. Rivera above those of domestic animals, however tragically misunderstood. I would hate my hometown and home state to go down in history as the place where suburbanites valued their dogs above the lives of those they hire to tend their yards.”

Congo, having been granted a stay of execution, is muzzled and under house arrest, as his owners await a decision on their appeal.

It started in June, when Mr. Rivera, 42, and a crew of day laborers arrived early in the morning at the house of Guy and Elizabeth James, the owners of six shepherds — Congo, Lucia, Shadow, Bear, Hunter and Magnus.

The facts of the attack are in dispute. The Jameses say that the landscapers arrived earlier than expected and that Congo, who is typically kept inside when workers are about, was provoked when Mr. Rivera became scared of the dog and grabbed Mrs. James. It is unclear what role the other dogs played. Mr. Rivera, who received a $250,000 settlement from the Jameses’ homeowners’ insurance company, argued that he was merely trying to get away from the dogs and was using Mrs. James as cover when he was mauled.

The next day an animal control officer took Congo and four other dogs (Magnus was in the woods at the time of the incident and was left home) to an animal shelter, where Congo stayed until he was released pending the appeal. He was sent home two weeks ago after five months in lockup.

The James family argued that while in the shelter, Congo’s health was deteriorating and he was losing weight, even though Mrs. James faithfully brought him his favorite raw beef patties and chicken chewies.

“It’s horrendous what we’ve had to deal with,” Mr. James said as Congo bounded around their kitchen on Saturday, clenching a stuffed cow that was a homecoming gift. “But we are confident, going forward, that we are going to win this war.”

In State v. James, on Oct. 30, Judge Russell W. Annich Jr. of Municipal Court in Princeton Township declared Congo vicious and the attack unprovoked, a ruling that under the state “vicious dog” law requires the animal to be put down. The judge did note, however, that, “none of the dogs have any documented history of previous violent or disagreeable behavior.”

And an expert witness for the defense, an animal behaviorist, testified at the trial that Congo was simply doing his job, protecting his owner the way any reasonable canine would under the circumstances. The Jameses also submitted to the court dozens of letters from character witnesses and others who had come into contact with Congo during his 18-month life.

“I have had the pleasure of knowing Congo over the past two years and feel confident in stating that my relations with him have always been friendly and warm,” wrote one friend of the family.

Nevertheless, the judge ruled that Congo was not provoked, and that the attack — initially by Congo and then, the judge said, by the four other dogs — “continuing unabated for three minutes, was a response grossly disproportionate to the prevailing situation.”

Immigration debate ignited after gardener mauled by dog in N.J.

A dog scheduled to be put down after mauling a gardener from Honduras has ignited a debate over immigration and dog owners' rights in this university town.

The gardener, Giovanni Rivera, was attacked in June by a German shepherd named Congo and four other dogs at a Princeton home where he did landscaping. Charges were filed against the family who owned the dogs, and Rivera received an insurance settlement of $250,000.

But it's a judge's decision that the dog must be put down that has drawn criticism from some animal lovers and the dog's owners, who say Congo was protecting their property and family.

"It's just insanity what we're going through," Guy James said, sitting in his Princeton home with his wife, Elizabeth, as Congo and another German shepherd sat nearby. The James said the judge's decision to put Congo down has been "horrendous" for the couple and their four young children.

James contends the men showed up early when the dogs were eating, and disregarded his calls for them to stay in their vehicle. He said Congo attacked Rivera after the panicked gardener grabbed his wife from behind and pulled her down, causing her to scream.

Rivera's lawyer, Kevin S. Riechelson, said his client, who is still in New Jersey, did not want to speak about the incident because he was scared after the public outcry over the decision to put the dog down. But Riechelson and Kim Otis, the prosecutor who handled the case, described the attack as unprovoked, saying Rivera never pulled Elizabeth James down to the ground.

In addition, Riechelson said the men were told by their temp agency to show up for work early that day.

Rivera, who was hospitalized for five days, sustained "hundreds and hundreds of cuts," including a deep gash in his right thigh, according to Otis.

"They basically bit and clawed him for about three minutes," Riechelson said.

Public debate over the incident has even reached the office of Gov. Jon S. Corzine, who said last week that while he sympathizes with the dog, he's leaving the animal's fate up to the courts.

The governor's office has received more telephone calls, e-mails, letters and faxes about Congo than about any other issue since the governor took office. Almost everyone has demanded Congo be freed, a governor's spokesman said.

Much of the public discussion has centered on Rivera's immigration status. Neither Riechelson, the James family, their lawyer, or the prosecutor said they know whether Rivera is here legally, nor do they care, saying that it wasn't relevant to the case.

Otis described some of the comments directed at Rivera as "very disturbing" and questioned whether public opinion would be different if the victim had been a child or a non-immigrant.

That thought was echoed by some Hispanic immigrants in Princeton.

"Maybe they would have killed the dog already," said Oscar, a Guatemalan immigrant who didn't want to give his full name because he's in the country illegally. "This country values Americans."

The James' have appealed the judge's ruling that the dog be put down. Until the appeal is heard, Congo is permitted to stay with his family with some restrictions such as wearing a muzzle while he's outdoors.

James said he's rejected a plea deal that would allow Congo to escape euthanasia, provided the pet be labeled "potentially dangerous." He said his dog is not dangerous, and admitting so would be wrong.

The other dogs, who were not ordered to be put down, were deemed to have joined in the attack after Congo.

The public outcry over Congo harkens back to the case of Taro, an Akita that was sentenced to die for allegedly biting the lip of a 10-year-old girl in 1990. Taro's death sentence was eventually lifted by former Gov. Christie Whitman when she took office in 1994.

After the Congo incident, Democratic Assemblyman Neil Cohen from Union County proposed legislation that would make it more difficult to label a dog vicious and have it put down.