Illuminating Dark Cases

Although no international registry exists for tracking animal cruelty cases, informal surveys suggest the reported incidence of animal abuse and neglect in the United States has increased by 34% between 2000 and 2012. ⁶ People care deeply about animal welfare, and society demands that perpetrators of animal cruelty be prosecuted, for as in the words of the 18th-century British philosopher Jeremy Bentham, “The question is not, Can they reason? nor, Can they talk? but, Can they suffer?” Forensic pathology knowledge and skills are crucial in death investigations for proper interpretation of the death scene, assessment of the time of death, evaluating the consistency of witness statements with injuries, and interpreting patterns of injury. Animal abuse cases take on added importance when one realizes that animal abuse is but one facet of interpersonal violence. More than 70% of battered women who own pets report that their batterer threatened, injured, or killed family pets as a form of revenge or to psychologically control the victim. Disturbingly, 75% of these acts of violence toward animals occur in the presence of children. ² Multiple studies suggest that as many as 2 in 3 violent adult offenders have a history of childhood animal abuse, underscoring the importance of recognition and intervention in cases of animal abuse by juveniles. ¹ Veterinary pathologists must develop a leadership role in the emerging discipline of veterinary forensic pathology and take advantage of upcoming educational opportunities to develop additional expertise in this important area of veterinary pathology.

Investigation of suspicious human deaths is the legally mandated responsibility of the medical examiner (ME) or equivalent, depending on the jurisdiction. The ME is a physician who has completed a pathology residency and an additional 1-year fellowship to specialize in forensic pathology. The death investigation typically begins with a visit to the scene by the ME, prior to moving the body. The ME will then evaluate the medical history, review the crime scene evidence and witness statements, perform the autopsy to find evidence of injury or disease, and collect medical and trace evidence for further analysis. Finally, the ME evaluates the autopsy results, in light of all available evidence, to render an opinion as to the cause, manner, and mechanism of death. The results are communicated to prosecutors, defense counsel, judges, and juries. The judicial system then decides if a crime was committed and sets an appropriate punishment.

In contrast, the responsibility for investigating suspected animal abuse or neglect in most of the developed world is delegated to humane societies or animal control agencies. Necropsies are often performed by veterinarians affiliated with these organizations but who have no formal training in pathology. Affiliation with a humane organization can result in perceived or real potential for bias, and the lack of formal pathology training can result in erroneous diagnoses with potentially grave legal consequences. Several examples that the authors have encountered illustrate the problems that can arise when veterinarians who lack training in pathology perform forensic necropsies. For example, red-tinged autolytic fluid in the chest of one dog that died unexpectedly was interpreted as hemorrhage indicative of malicious poisoning with an anticoagulant rodenticide. In another case, erythema from fleabite allergy was mistaken for contusions from blunt-force trauma. Charges of sexual abuse have been based on the finding of empty anal sacs in dogs, even though no evidence exists in the scientific literature to support such a claim. While all professionals are subject to errors in judgment, mistakes in interpretation of forensic necropsy findings can have serious consequences: sending an innocent person to jail or failure to hold a perpetrator accountable.

Veterinary pathologists may be reluctant to accept forensic necropsy cases for a variety of reasons. The forensic necropsy can be labor intensive and requires meticulous documentation and strict maintenance of the chain of custody. While the role of the veterinary forensic pathologist is to provide dispassionate and objective evidence to the court, it can be disheartening to expend considerable effort on a case only to have the charges dropped or a plea bargain reached on lesser charges. Another oft-cited reason for declining to perform forensic necropsies is the mistaken belief that the veterinary pathologist must determine if a crime was committed. Indeed, the legalities surrounding a suspected case of animal abuse or neglect can be complicated. This issue is resolved when the pathologist understands that the responsibility for determining if a crime was committed rests with the court.

The gross and microscopic pathology skills required to perform a veterinary forensic necropsy are the same as those mastered by veterinary pathology residents. ⁹ Thus, veterinarians who have completed a pathology residency are well qualified to provide this vital service. However, an important cautionary note is that even though a forensic necropsy relies on the same basic principles and methods used for conventional death investigations, the analytical framework and purpose of forensic pathology differ significantly. In addition to determining the cause of death, the pathologist might also be asked to address the timing of injuries or determine the degree of suffering. Conviction for felony animal abuse may depend on demonstrating depravity; actions of the defendant that were especially cruel and vicious indicate malicious intent rather than mere recklessness or negligence. ³ Our personal experience is that many trainees are interested in developing expertise in this rapidly emerging field, but formal training opportunities in forensics for veterinary pathologists are extremely limited. Several books on veterinary forensic medicine and pathology are available and provide a good starting point but rely heavily on anecdotal information or extrapolation from the human forensic pathology literature. ^4,7,8 Animal models have been used extensively to investigate issues in human forensic pathology, ⁵ but research on specific issues in veterinary forensic pathology is sparse. ¹⁰

To help address the dearth of training opportunities, a half-day minisymposium will focus on the topic of forensic pathology at the 2015 annual meeting of the American College of Veterinary Pathologists (ACVP) in Minneapolis, Minnesota. To further support training and develop greater scientific rigor in the discipline, the Diagnostic Pathology focused Scientific Poster Session will have a section devoted to forensic pathology. We are especially pleased that an ongoing series of articles related to veterinary forensic pathology is published in Veterinary Pathology, and the collection is featured in the Editor’s Choice section of the journal’s website. These efforts will provide a vehicle to promote the research and academic activity needed to establish a sound scientific basis on which to interpret veterinary forensic pathology findings. As academic diagnosticians, we know that the key to developing expertise is education and, to quote Carl Rogers, “The only person who is educated is the one who has learned how to learn and change.”

Expertise in veterinary forensic pathology currently exists within the college, but tapping into this resource is difficult. We recommend the ACVP host a registry of forensic pathology cases. This registry would collate cases in which pathology reports and expert opinions were involved in the prosecution of animal abuse and neglect. For example, a template could be developed that would be filled in by case contributors. The information could include the nature of the case, the science of the veterinary pathology that was applied, applicability of ancillary testing, the nature and content of the interrogation by the attorneys, and the outcome of the case. Not only would this registry serve as a medium to collect data regarding animal abuse and neglect, but it would be a valuable resource for veterinary pathologists when examining similar cases. Case examples could offer advice on systematic evaluation of specific types of cases, point out unique diagnostic features, or alert the pathologist to alternative explanations that might be offered by the defense. Mistakes committed by physician forensic pathologists are carefully studied to improve diagnostic accuracy and better serve the needs of the court. A registry of veterinary forensic cases would be a useful tool to identify and ultimately reduce shortcomings and problems encountered in veterinary forensic necropsies.

Veterinary forensic pathology should not be intimidating. Veterinary pathologists are in a unique position to fulfill this important societal role, and we ask, if not us, then who? We encourage veterinary pathologists to take advantage of these opportunities to gain the expertise needed to expand their role in forensic pathology in furtherance of our mutual obligation to “The mission of the American College of Veterinary Pathologists is to foster excellence in veterinary pathology to protect and improve animal, human, and environmental health to benefit society.”