AR-News: (US CA) Horse killer seeks new trial

[Animalara2003 at aol.com]

sonomanews.com
By Joshua Coman Index-Tribune Staff Writer



5.4.04 - One of the two men convicted for his part in killing a Kenwood horse 
by running it down and hitting it with his car is now seeking a new trial.

Deputy Public Defender Steve Speigleman, attorney for Noel Guido-Silva, 21, 
filed a motion with the Sonoma County Superior Court earlier this month asking 
for a new trial on the animal- cruelty charge. 
The motion, which alleges the judge improperly instructed jurors on how the 
laws on animal cruelty applied in the case, has caused Guido-Silva's sentencing 
hearing to be postponed until some time after May 4, when arguments on the 
motion for a new trial have been scheduled. Guido-Silva was supposed to have 
been sentenced last month.

Despite repeated attempts to contact Speigleman for comment, he did not 
return calls. 
Deputy District Attorney James Patrick Casey dismissed the motion as an 
improper interpretation of the law and said he suspects that it is a stalling 
tactic being used by Guido-Silva's attorney to reduce the amount of time he will 
have to serve in state prison.

Guido-Silva was convicted of animal cruelty, trespassing, hit-and-run driving 
and vandalism by a Sonoma County jury on March 23 after a 2-1/2 week trial. 
He was acquitted of a conspiracy charge in which prosecutors argued that he and 
co-defendant Liobijildo Guzman Herrera chased the horse with the intent to 
kill it. 

full story:
http://www.sonomanews.com/articles/2004/05/04/news/top_stories/news04.txt 



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    "The day may come when the rest of the animal creation may acquire those 
rights which never could have been withholden from them but by the hand of 
tyranny. The question is not can they REASON, nor can they TALK, but can they 
SUFFER?" 
Jeremy Bentham 1748 - 1832 



         
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