Justice for Marley

A municipal court judge Tuesday upheld a ruling by Animal Care Services that a dog involved in the attack of a 10-year-old girl was dangerous. "Frankly, I was completely shocked. I think this was a gross miscarriage of justice," said Melissa Maloney, the attorney for Hilario Martinez, who owns Marley, the labrador mix. Martinez said that he thought the ruling and the process was unfair but he will abide by the court's ruling. ACS investigators ruled that Marley was among three dogs that attacked 10-year-old Precious Ortiz last month as she was walking home from visiting the Martinez family. Two of the dogs, a terrier and a pit bull, were later euthanized. ACS Assistant Director Vincent Medley said Marley was declared a dangerous dog based on the initial claim by the girl on the day of the attack. Precious, though, said she made the statement because she "was in shock." Days later, Precious' mother said her daughter recanted her story. "Marley just ran out and started to help me," Precious said after a pit bull began biting her leg. Precious said that Marley was her shield. "(He) got on top of me, to protect me," she said. Maria Ortiz, the girl's mother, said that "nobody pressured her or changed her mind. She did that on her own. She knows right from wrong." Medley said an investigator heard conflicting accounts that day over whether two or three dogs were involved. "Precious was the main reason we did this," Medley said. "Our responsibility is to make a determination as to which one we felt fit what dangerous behavior is." Yet, Jasmine Zuniga and Andrew Estrada, who ran to the little girl's rescue, both had the same opinion about the court's finding. "Ridiculous," Zuniga said. "I saw Marley defending Precious. I was the first one there." "Yeah, it was ridiculous," Estrada said. Estrada testified it was a black pit bull that attacked Precious and also lunged at him and her as he picked up the child. ACS dangerous dog investigator Joel Skidmore said none of the dogs had any visible injuries. Medley said Marley will be released back to his owner pending confirmation he is in compliance with the strict restrictions that apply to dangerous dogs, including a liability insurance policy and warning signs in his yard. Medley said Marley also will have to be kept in an enclosure as well as muzzled and restrained when leaving the property. "Now, he has to be locked up like a criminal for saving a little girl's life," Martinez said.