New evidence forces delay in trial of animal cruelty
By BRYAN CORBIN
Daily Journal news editor
bcorbin@thejournalnet.com

Oct. 31, 2001

The trial of the man accused of chopping off dogs’ ears with office scissors came to a halt Tuesday minutes after it began — for reasons that had nothing to do with the suspect’s guilt or innocence. The trial has been postponed until Dec. 3 so the defense can review photos the prosecution tried to introduce as evidence. The prosecutor is intent on resuming the case, however, while the defense attorney maintains his client broke no laws. Fabian A. Elisea, 23, is charged with cruelty to animals and practicing veterinary medicine without a license, both misdemeanors. On May 8, Elisea allegedly went to the Franklin home of William and Shawn Stratton, who owned two pit bull puppies. With their permission, Elisea allegedly taped the dogs’ legs together and mouths shut and sliced off the puppies’ ears at the skull. He used no anesthetic or antiseptic, and the dogs’ mangled ears became infected. Johnson County Animal Control officers investigated. Elisea was arrested, and the Strattons were cited for animal neglect. Elisea, a Lawrence kennel owner, has been out of jail on $2,000 bond, awaiting a trial date in Johnson County Magistrate Court that repeatedly has been postponed. The trial — with a judge only, not a jury — finally started Tuesday. An animal control officer, Michelle Gilbert, testified that the dogs’ ears were swollen and oozing pus and blood. “It was very disturbing,” Gilbert testified. “They were covered in blood. This was three or four days after (the cropping) had been done. ”Johnson County Deputy Prosecutor Rob Seet tried to introduce as evidence six photographs of the dogs’ mangled ears. He planned to call as a witness the veterinarian who examined the animals. But defense attorney David E. Lewis objected, saying he had not seen the photos until Tuesday and didn’t know the vet would testify. Lewis said he recently inherited the case from Elisea’s previous attorney, Kendra Koski, who left Lewis’ firm. Seet said he received the photos only recently, and he showed them to Lewis on Tuesday. Normally in criminal cases, each side is to exchange evidence weeks before the trial. Seet offered to proceed with the trial without the disputed photos. But Magistrate Richard Tandy postponed the trial until Dec. 3 so the defense can review the photos and the prosecution can use them as evidence. The animal control officer, a detective, a veterinarian and an eyewitness to the ear-cropping came to court to testify against Elisea. But four other witnesses the prosecutor subpoenaed failed to show up. The Strattons could not be located. Lewis maintains that Elisea’s actions don’t amount to criminal conduct. “My understanding is that cropping of ears is done by dog breeders all the time,” Lewis said after court. “It’s not just something that a veterinarian does.” The defense might call its own veterinarian — or a dog breeder — as an expert witness Dec. 3, he said. Lewis added that unsanitary conditions in the puppies’ cages led to infection setting in. The two pit bull puppies — male and female siblings — were confiscated from the owners and adopted. If Elisea is convicted of the two misdemeanor charges, then the deputy prosecutor intends to ask for a jail sentence. “Those animals feel pain,” Seet said. “Dogs tend to be very loyal creatures. They were put through extreme pain and were subject to infection. It’s just an egregious case, and it deserves an egregious sentence.”

Dog owners cited for animal neglect
By SCOTT HALL
Daily Journal staff writer
shall@thejournalnet.com

May 15, 2001

A Lawrence man is under investigation after allegedly cutting the ears off two pit bull puppies in Franklin — using scissors and no anesthetic. Johnson County animal control officers took custody of the dogs Friday and placed them in veterinary care over the weekend. The 9-week-old puppies are on antibiotics to control infection and are recovering. The owners of the dogs, William and Shawn Stratton, 1680 Crescent St. in Franklin, were cited for animal neglect, an infraction. William Stratton said he and his wife paid Fabian Elisea, who operates a kennel at 6625 Sunnyside Road in northeastern Marion County, for what they thought would be a routine procedure. Stratton said Elisea learned of the puppies through a mutual acquaintance and contacted them to offer his services. Elisea showed up Tuesday with a bag of instruments and what he claimed to be a veterinary license. He offered a price of $75 for both dogs, a discount from his standard rate of $50 per dog, Stratton said. “He presented himself well,” Stratton said. “He showed us his portfolio. ”Stratton said he left the home briefly because he did not want to watch the procedure. Neighbors and his wife told him that Elisea taped the dogs’ legs together and mouths shut and used standard office scissors to cut their ears. “When I came back and saw them, I was in shock,” Stratton said. “I had no clue it was going to be like this.” Some of those neighbors in Franklin North Village apartments later reported the case to authorities. Johnson County Animal Warden Julie Hively said her officers also were shocked to find the dogs covered in blood and surprised that the Strattons hadn’t taken the puppies for medical treatment. “They didn’t think they were doing anything wrong,” Hively said. Elisea’s business card notes that he crops ears and administers vaccinations, but Hively said she did not think he was licensed to perform such procedures for payment. Contacted by telephone Monday, Elisea declined comment. Hively said he admitted to her in a phone conversation that he crops ears without using anesthetic or sutures. Johnson County Sheriff’s Detective Duane Burgess said Monday that he planned to interview witnesses to confirm the identity of the man they saw performing the procedure. Burgess said he expects to seek a charge of cruelty to an animal against Elisea. The charge is a Class A misdemeanor for a first offense but can be a Class D felony if the person has a previous, unrelated conviction for a similar crime. Burgess said Elisea apparently did not have a previous animal cruelty conviction.” We’re probably looking at a misdemeanor,” Burgess said. The practice of cropping dogs’ ears began centuries ago as a means of preventing injury and infection in hunting and fighting dogs. Cropping gradually evolved into a cosmetic practice for some pure-bred dogs and particularly for show dogs, including boxers, Great Danes, schnauzers and terriers. Licensed veterinarians use anesthetic and surgical instruments to perform the procedure. Some veterinarians and advocacy groups oppose cosmetic ear cropping. The local pit bull puppies’ ears were cut off close to the skull, which Elisea described as a standard “fighting crop” for pit bulls. Stratton said he had no intention of using the dogs for fighting. Stratton said his adult female pit bull was mated with a neighbor’s dog to produce a litter of 13 puppies, of which 12 survived. The litter has prompted previous visits by animal control officers. On April 23, a neighbor complained that the residence had a large number of puppies in violation of the lease. Officers said they found 13 dogs in a small pen, with feces that indicated worm infestation. They returned a few days later to find that the owners had medicated the dogs, although the pen conditions were still a concern. Animal control went to the home again Thursday after neighbors reported the ear-cropping procedure. The owners took the puppies to a veterinarian Thursday night, but animal control returned with a warrant Friday to take custody of them and the adult female. The Strattons were angered by the seizure of the dogs. It was not clear Monday if they would have an opportunity to reclaim the animals. “I just feel like I’ve been robbed,” Stratton said. “I would not mistreat my dogs.”

Man who ‘operated’ on puppies should be jailed
By DAILY JOURNAL
bcorbin@thejournalnet.com

May 17, 2001

Sick. Twisted. Cruel. There aren’t adequate adjectives to describe the mistreatment of two dogs in Franklin last week. A man used a pair of office scissors to cut off their ears, without anesthetic. The two pit bull puppies were owned by William and Shawn Stratton. On May 10, they paid Fabian Elisea $75 to crop their dogs’ ears. What the Strattons thought was a routine procedure was an agonizing ordeal for the animals. Eyewitnesses reported that Elisea taped the dogs’ legs together and mouths shut, then used standard office scissors to slice off their ears, close to the skull. He used no anesthetic to dull the pain and didn’t suture the jagged wounds. Responding to complaints from neighbors, county Animal Control officers confiscated the injured dogs Friday. The Strattons were ticketed for animal neglect, an infraction. A sheriff’s detective is investigating. Elisea, who operates a kennel in Lawrence, apparently is not a licensed veterinarian. He could be charged with cruelty to animals, a misdemeanor. Cropping ears or tails is an ancient practice intended to prevent injury or infection in hunting and fighting dogs. Owners of some purebreds and show dogs still crop ears for cosmetic reasons — although any owner with compassion would use a licensed veterinarian who anesthetizes the animal. Frankly, we find cropping to be unnecessarily harsh, even barbaric. Nature intended for canines to have ears. It’s one thing to spay or neuter your pets for their own health and well-being. But to needlessly torture and disfigure them is unacceptable. Animal control officers seized the two pit bull puppies Friday, not only for the ear-cropping but also for the unsanitary conditions in their pen. The Strattons ought not be allowed to reclaim the dogs. And Elisea — the man who mutilated the dogs’ ears — ought to be prosecuted and spend time in jail.

Man charged with animal cruelty
By BRYAN CORBIN
Daily Journal News Editor
bcorbin@thejournalnet.com

May 19, 2001

Detectives were searching for the man who chopped off the ears of two puppies with office scissors. Fabian A. Elisea is charged with two counts — cruelty to an animal and practicing veterinary medicine without a license. Elisea, the 23-year-old owner of a kennel in Lawrence, was still at large Friday night. On May 8, Elisea was paid $75 by Shawn and William Stratton of Franklin to crop the ears of their dogs, two 9-week-old pit bull puppies. Elisea reportedly showed the couple documentation that falsely claimed he was licensed to perform the procedure. According to Shawn Stratton and three other witnesses, Elisea taped the dogs’ mouths shut and legs together. Then he sliced off their ears with office scissors. He did not use anesthetic, suture the wounds or administer antibiotics. Following a complaint, the dogs were seized by animal control officers. County animal warden Julie Hively contacted sheriff’s Detective Duane Burgess to investigate. Veterinarian Edward D. O’Connor of Whiteland Animal Clinic treated the two dogs for their infected wounds. In a letter to the officers, he described Elisea’s ear-cropping procedure as “inhumane. ”Johnson County prosecutors filed formal charges, and an arrest warrant was issued for Elisea. Both charges are misdemeanors. It is not illegal to crop dogs’ ears, but Elisea crossed the line into committing a crime when he did so without anesthetic, Prosecutor Lance Hamner said. “It seems gratuitously cruel to perform a surgery on any animal without anesthetic, when anesthetic could have and should have been administered, to prevent it from suffering pain,” Hamner said. Not only did Elisea inflict unnecessary pain on the dogs, he was not licensed to perform veterinary surgery. He did so “incompetently,” Hamner said — noting that the wounds became infected. “When I heard about it, I was shocked, like most people,” the prosecutor said of the dogs’ injuries. “It caused me to wince, just thinking about someone doing that. ” Hamner said he had never before filed a charge of practicing veterinary medicine without a license. “This is clearly the scenario the law was designed to prevent,” he said. The misdemeanor charges against Elisea carry a possible jail sentence of up to one year. The two puppies remain in the custody of the Johnson County Animal Shelter while their injuries are healing. It’s undetermined whether the owners, the Strattons, will be able to reclaim them. Both William and Shawn Stratton were cited with a ticket for animal neglect.

Ear cropper gets earful from judge
By BRYAN CORBIN
Daily Journal news editor
bcorbin@thejournalnet.com

April 9, 2002

The dog breeder who sliced off the ears of two pit bull puppies with office scissors will spend a year in jail.

Fabian Elisea was convicted Monday in a trial without a jury in Johnson County Magistrate Court. Judge Richard Tandy was incredulous at Elisea’s justification of how he cropped the dogs’ ears.

“There’s going to be some incarceration here, sir,” Tandy told Elisea. “You cannot tell me you cut off dogs’ ears with scissors and think that that’s OK.”

Tandy found Elisea guilty of both charges against him: cruelty to animals and practicing veterinary medicine without a license. Tandy sentenced Elisea to the maximum possible on the Class A misdemeanors: 365 days in the county jail.

It’s believed to be one of the harshest sentences ever handed down in Johnson County for animal cruelty.

“While it’s on my watch, I’m not going to permit this to happen — even if you think it’s common practice within the county or within the dog-breeding and training arena,” Tandy told Elisea.

Testifying in his own defense, Elisea said he is a kennel operator and breeder of pit bulls and crops his own dogs’ ears. On May 8, he was paged by William and Shawn Stratton of Franklin, who offered to sell him two puppies from their 9-week-old litter of pit bulls. He offered to crop the ears of two of their puppies — a male and female — as well.

Witnesses testified that Elisea taped the animals’ mouths shut and legs together and sliced off the ears with office scissors. Shawn Stratton testified that her house “reeked of blood” after the procedure.

A Whiteland veterinarian who examined the puppies, Dr. Edward O’Connor, testified that no sutures or glue was used to close the infected wounds. He called Elisea’s ear-cropping “most inappropriate.”

“These are 9-week-old puppies,” O’Connor testified. “Take your own ear and pinch it as hard as you can. It’s going to hurt like heck.”

As a veterinarian, O’Connor has performed about 50 ear-croppings to dogs, but not in about 15 years. He said he is unaware of any kennel operators who perform such a procedure.

Johnson County Animal Control seized both dogs from the Strattons and put them up for adoption. Animal control road commander Laura Neville, who adopted the male puppy, testified the dog’s ears still bleed when he scratches them.

When Elisea testified, he defended ear-cropping as commonplace among pit-bull breeders, but he called no witnesses to back up his claim.

“I’ve been doing this for about three years,” he testified. “Nobody ever said nothing but ‘It was OK.’”

Elisea testified he injected Bactine into the dogs’ ears to numb them.

Under cross-examination, however, Elisea acknowledged he does not have a veterinary license.

During closing arguments, Deputy Prosecutor Rob Seet urged the judge to find Elisea guilty.

“Imagine that happening to you,” Seet said of the ear-cropping. “Dogs can’t talk, but that was torture and mutilation.”

Defense attorney David E. Lewis argued that Elisea made a mistake but wasn’t trying to hurt the dogs.

“This is a man who loves dogs. He raises dogs. He would not intentionally torture, beat or mutilate them,” Lewis said. “He thought he was doing something he could (legally) do. There was no criminal mind in this case, your honor.”

But Tandy was astonished that Elisea would use Bactine — an over-the-counter antiseptic and anesthetic first-aid spray — on the dogs’ severed ears.

“It is not, in my opinion, an anesthetic for a surgical maneuver,” Tandy told Elisea.

Tandy then found the 23-year-old Indianapolis man guilty of both counts and immediately sentenced him to 365 days in jail.

Lewis protested that he wanted time to prepare for a sentencing hearing, which is usually one month after conviction. But he relented when it was clear Elisea was going straight to jail.

Elisea, who walked into the courtroom Monday afternoon a free man, was led away in handcuffs by a deputy. He appeared stunned by the outcome.

“There’s no doubt that it sends a statement,” Seet said of the sentence. “I think the judge was very conscientious about these offenses. The facts speak for themselves.

“It was absolutely disgusting, what (Elisea) did to those dogs.”

Judge’s harsh sentence sends message to abusers
By DAILY JOURNAL
bcorbin@thejournalnet.com

April 10, 2002

He just didn’t get it.

To the very end of his bench trial, Fabian Elisea maintained he did nothing wrong when he cut off the ears of two pit bull puppies with office scissors in Franklin last year.

Testifying in his own defense Monday, Elisea talked at length about how he raises pit bulls and cuts off their ears himself. He described the incident that led to his arrest: He said he taped the dogs’ legs and mouths, tried to numb their ears with Bactine antiseptic and then, after the grisly task was done, wrapped the wounds. He portrayed ear-cropping as a normal practice among pit bull breeders.

Elisea was contradicted, however, by Whiteland veterinarian Edward O’Connor, who described cropping as a surgical procedure that ought to be performed in a vet’s office with anesthesia and sutures. Ear-cropping has fallen out of favor in the 15 years since O’Connor last performed it.

Elisea, 23, blamed the original owners of the two 9-week-old puppies for allowing the jagged ear wounds to become infected. He said that when he crops his own dogs’ ears, no problems result.

Magistrate Court Judge Richard Tandy was astonished and horrified by Elisea’s casual description of snipping off the dogs’ ears.

“I can’t imagine what you did to those dogs,” Tandy said.

He found Elisea guilty of both criminal charges against him: cruelty to animals and practicing veterinary medicine without a license.

Then Tandy did something unexpected: He immediately sentenced Elisea to the maximum possible, 365 days in jail. Elisea had walked into the courtroom a free man but was led away in handcuffs by a deputy. He appeared stunned at the outcome.

“I’m not going to permit this to happen — even if you think it’s a common practice within the county or within the dog-breeding and training arena,” Tandy told Elisea.

Too often in Indiana in the past, people who abused animals have escaped with light sentences and probation. Following several high-profile, outrageous cases, however, the legislature this year increased the penalties for animal cruelty to a felony.

The new law didn’t apply to Elisea’s case. But in sentencing Elisea to the maximum, Tandy sent a powerful message: This type of cruel, sadistic abuse of innocent animals will not be tolerated in Johnson County.

And if it takes a year in jail for that message to sink into Fabian Elisea, so be it.