The order gives Comins ten days to present a compelling argument as to why his appeal should not be dismissed due to lack of jurisdiction.

My Counterclaim against Comins for Malicious Prosecution and Abuse of Process is still pending, and the trial is scheduled for September 2012.

So now we have to deal with the Fifth District Court of Appeals, located in Daytona Beach, FL.  The appellate case number is 5D11-2754. You can track the case on the 5th DCA website. Go to the Online Dockets page and enter the case number.

Only when the Plaintiff has fully exhausted every last possible legal avenue by which to continue this victorless legal assault will I allow myself to feel “free”.  We are not at or near that point yet.  There are still many loopholes left for them to exploit.

On Friday, Comins filed a Motion for Rehearing and Clarification.  It is basically a reiteration of the same the argument the Judge already rules against.

• Read the Motion for Summary Judgment
• Read the Court’s Order Granting the Motion for Summary Judgment

1. Defendant’s Motion for Summary Judgment hearing, 9:30-10:15AM
2. Plaintiff’s Motion to Dismiss Counterclaim, 11:30-11:45

The results of these hearings are as follows.

My Motion for Summary Judgment was filed back on March 1st, 2011. (See also, this week’s Replay to Plaintiff’s Opposition).  The court is taking this motion “under advisement”. In other words,

“When a case is “under advisement” the judge hearing the case is deliberating or thinking about his/her decision. A case can be under advisement during the time period between when the court has heard both parties’ evidence on an issue or the entire case but before it gives its judgment on the matter.”  (Source: USLegal.com)

Comins’s Motion to Dismiss my Counterclaim was denied.

So, what now?

Christopher Comins had an opportunity to truly put this ordeal behind him.  A small part of me thought maybe he’d take that opportunity.  But within a few days of the judge’s peculiar Not Guilty verdict in Comins’ animal cruelty trial, the dog shooter’s attorneys contacted mine to schedule my deposition.  That’s right, he’s pressing onward with his mission to silence those who disagree with his behavior.

That’s when I remembered the rule I learned on the school bus back in first grade: never underestimate a bully’s audacity.  Comins doesn’t just want to be exonerated; he wants to be able to pretend this whole thing never happened.

To that end, why shouldn’t Comins keep taking the battle to court?  He obviously can’t win in the court of public opinion—but he can’t lose in the Orange County Courthouse.  In the judicial system, success hinges largely on the size of your bank account.  Thus, despite two disturbing gun incidents that might have landed the ordinary citizen in jail, Comins remains virtually unscathed by justice, and still allowed to carry a firearm around on our American streets.  Thus, both legal blawgs and animal cruelty websites alike have concluded “something really stinks down in Orange County.”  Andrea at For The Love Of The Dog Blog declares

Yeah, it’s broken. The Scale of Justice is horribly off balance… It’s an assembly line of delays, motions, tactics, deals, apathy, rich vs. poor, who you know, poor laws, and poor enforcement and administration of these laws.

Still, I will continue to defend myself in court against this bully for as long as he continues his attack.  I have no choice.  His goal is to get my blog deleted so that all record of his heinous incident is eventually erased.  It will be as if it never happened—a brutal dog shooting erased from recorded memory, as it’s already been disappeared from Fox News’ archives.  (Seriously).

Orlando businessman Chris Comins shoots at a pet dog as it darts between himself and cows he'd later claim he was trying to protect.

For me, pushing back against Comins’ SLAPP lawsuit isn’t just about the dogs.  It’s about the principle that We the People have a right to voice our opinions on this matters of public concern; that includes the 2008 Orlando dog shootings, which (as media outlets continue to remind us) drew “international attention.” We had a right to disagree with the fact that Comins’ continued shooting the dogs after their owner arrived and begged him to stop; we had a right to sign petitions demanding justice when our elected state attorney Lawson Lamar initially punted on whether or not to charge the shooter; to send letters to our elected public officials; to peaceably assemble in protest outside the Orange County Courthouse. All of those activities are enshrined in the First Amendment to the United States Constitution.  Not only am I unashamed at having taken part in such activities; I am proud to have been a part of them.  I believe lawsuits like this one hurt democracy, as does the fact that so few defendants stand up to them. If no one ever demonstrates a willingness to fight back, then what incentive is there for Plaintiffs not to file SLAPP lawsuits in the first place?  That’s why I say I feel as if I have no choice but to continue fighting.

This isn’t just empty rhetoric I’ve adopted on the fly.  These are my principles, our national values.  I believe in them to my very core.

What does it mean when multimillionaire businessmen have the ability to sue anybody who expresses an opinion that happens to be critical of them or their activities, without any serious possibility of being penalized if the lawsuit turns out to be baseless?  What if every public figure who ever faced criticism responded by suing his critics?  Would you want to live in a country where no one protested or petitioned or had a personality, out of fear that they could be sued for doing so?

Some of you may be thinking, “If you’re so confident you did nothing wrong, then what’s the big deal?”

So far my defense has cost over fifty thousand dollars, and we haven’t even gotten to depositions yet, much less the trial itself.  The winnings side in a civil case doesn’t automatically gets reimbursed for their expenses; that requires an even greater investment, and along with it, additional risk.  That’s the big deal.

You may disagree vehemently with my opinion on the dog shooting; everyone should do their own research and decide for themselves, as I did.  But think long and hard about whether the fact that I voiced an opinion you disagreed with justifies a $50,000 punishment.  (Just for a frame of comparison, Comins only paid $25,000 to the dog owner whose dogs he shot).

I am not whining.  I realize that’s how the simpletons among you view it; it might look that way through the wool.  But I’m merely expressing my beliefs about the judicial system in states like Florida with no anti-SLAPP statute.  These are my thoughts; take them for what you will.  Disagree with them, offer evidence to refute them.  Call me a douchebag on my own blog; I won’t even delete your comments.  But please, don’t shut down the entire discussion.

Who would want to do that except someone with nothing whatsoever to say; someone for whom facts are incredibly embarrassing?

Famous law professor Jonathan Turley has weighed in on the Comins verdict.

“(Judge Bob) LeBlanc stopped the trial before that issue was allowed to be decided by the jury — a surprising move since this would appear the ultimate fact finding… Many disagreed with the ruling. I am less concerned about the ruling on the merits as I am the decision to end the trial on such a finding of fact.  One can certainly dress up the issue as a mixed question of law and fact, but this appears to be the quintessential question for the jury as a finder of fact.”

Read more: http://jonathanturley.org/2011/01/17/florida-man-acquitted-in-shooting-of-two-huskies-who-were-harassing-cows/

Meanwhile, over at Law Vibe: International Law News, the Comins trial was named among the Top 5 Animal Cruelty Cases of 2010.  The author of that blawg, like Turley, was puzzled by the Judge’s refusal to let the jury have their say:

“Something really stinks down in Orange County Florida and it isn’t cattle droppings. After 32 months, Christopher Comins Felony Animal Cruelty trial was held this week. A jury was selected, opening statements were made, and the prosecution presented their case with witnesses and evidence. But right smack in the middle of it, the presiding judge acquitted Comins of all charges, and the jury was dismissed… Judges are elected in the State of Florida and Judge Bob LeBlanc is up for re-election in 2012.”

Read more: http://lawvibe.com/top-5-animal-cruelty-cases-of-2010/#ixzz1BPTxlPCY

Yesterday Christopher Comins was acquitted in the Orlando dog shooting trial.

In an unexpected decision, Judge Bob LeBlanc granted Comins’ Motion for Judgment of Acquittal (argued at the close of the State’s case) and dismissed the case.

In every criminal case, after hearing all of the prosecution’s evidence, a judge has the ability to rule on his own that the state failed to prove the necessary elements required.  A Judgment of Acquittal is rarely granted, but LeBlanc granted it in this case. Thus the case never got the chance to be decided by a jury.  The jury had been sent out for the motion to be argued and never returned to the courtroom.

The Dangerous Dog Law blog asks some good questions about this unusual ruling:

… I do agree that it is arguable that when Comins started out, he may have thought he was protecting livestock.  But does that defense ever end? After five shots? Nine shots?  Watch the video.  Does there come a point at which the dogs are wounded and no longer a threat, yet shots continued to be fired with people in close proximity and the cattle safe?   If he had killed a person with an errant shot at that point, would the defense still protect him?

LeBlanc argued that he had heard no evidence that the act of shooting the dogs was committed in a cruel manner (a required element of the offense), despite the State’s argument that the video itself showed that the last shot was not necessary to prevent harm to Comins or the cattle.

The granting of a Judgment of Acquittal is not appealable, which means the criminal case is completely over.  The ruling in the criminal trial has no effect on Comins’ civil lawsuits, filed against various citizens who commented publicly about the shooting.

ORLANDO SENTINEL–Man Acquitted in Siberian Huskies Shooting Case

Orange Circuit Judge Bob LeBlanc has granted a judgment of acquittal in the case of the man who shot two Siberian huskies in an Orange County cow pasture in May 2008… The video of Christopher Comins shooting the two huskies went viral, gaining international attention. On Tuesday, the dog owner cried on the stand while describing what it was like to see his dogs shot.  The acquittal means that the trial is over and Comins has been cleared of the crime.

WFTV ABC 9–Man Who Shot 2 Dogs Cleared of All Charges

In a surprising turn of events, the Orange County jury never got the chance to deliberate the animal cruelty charges filed against Comins. Instead, minutes after the state rested its case, Judge Bob LeBlanc ruled on a defense motion to dismiss the charges… “This case is dismissed,” Judge LeBlanc said…  Comins, who rejected an earlier plea offer, also appeared to be relieved… (Dog owner) Chris Butler, was stunned by the court’s ruling.”I’m not happy with what happened here. I’ll be watching the press to see if he does anything else. And if he does, I’m going to raise hell,” Butler said.  The criminal case is over, but there are still two civil cases pending. Comins has filed lawsuits against the dog’s owner and a blogger for statements they made related to the case.

CNN CENTRAL FLORIDA NEWS 13–Man Acquitted of Dog Shooting Charges

WDBO RADIO–Judge Throws Out Case Against Dog Shooter

WESH NBC 2–Case Dismissed Against Accused Husky Shooter

Tuesday 1/11/2011: Prosecution of Christopher Comins

ORLANDO SENTINEL—Owner of Shot Siberian Huskies: ‘I Will Never Forget’

(T)he dog owner cried on the stand while describing what it was like to see his dogs shot.  Christopher Butler, the dog owner, said he came upon the cow pasture in May 2008 and watched as one of his dogs, Raley, came toward him wounded.  “I said just stop shooting,” Butler said. “He (the shooter) turned around and shot the other dog again.”  That’s when Butler ran to that dog, Hoochie, and held him on the ground. “He was conscious. He was looking at me. I was just kind of holding him.”… Butler testified this afternoon that Hoochie was more seriously injured and looked like he might die. The dogs were later taken to a vet, where Hoochie stayed for five or six weeks before he could be taken home. Butler said the dog’s eye was “hanging out” after the incident and the dog ultimately lost that eye.

Earlier today, the owner of the cows, Gary Rumpza, testified, and said the cows were not injured by the dogs but “they were on the nervous side” following the incident with the huskies.  Assistant State Attorney Erin DeYoung objected to testimony about “the feelings of the cows,” drawing laughter throughout the courtroom, but the witness was allowed to testify… Rumpza said he did not call the vet for his cows on the day of the shooting because the dogs… had been “eliminated.” (Read the full article).

WFTV ABC 9—Testimony Continues In Dog Shooting Trial

The first full day of testimony wrapped up late Tuesday afternoon in the trial against a man accused of shooting two dogs at point blank range. The shooting was captured on video and posted on the Internet for thousands to see… The shooting sparked an uproar when it was posted on YouTube…

These two dogs were somebody’s pets and survived. The dogs survived, but Christopher Comins was charged with two third-degree felonies, each punishable by up to five years in prison… Comins rejected a plea deal that would have knocked the charges down to misdemeanors…

..The prosecution has just one witness left to call and then the defense will call its own witnesses.  (Read the full article).

Monday 1/10/2011: Start of Christopher Comins Trial

ORLANDO SENTINEL—Trial Under Way in Case of Man Accused of Shooting Siberian Huskies

The video of a man shooting two Siberian huskies in an Orange County cow pasture went viral, gaining international attention…  Assistant State Attorney Erin DeYoung said in her opening statement that “Christopher Comins shot those dogs over and over and over again. There’s not a single injury to those cows.”  She (argued that) the dogs had collars on and that Comins continued to fire even as onlookers shouted for him to stop and even as the dogs’ owner came running, also calling for him to stop firing.

Comins has said he was given permission to shoot the dogs by the property owner and the livestock owner… The shooting in the pasture near Lake Nona on land owned by developer Daryl Carter made news worldwide after video of it was posted on YouTube… DeYoung is expected to show jurors the tourist-taken video that captured Comins shooting the dogs…

…One of the witnesses that day, Raigan Alianell, testified Monday that she was passing by the pasture when she and her then-boyfriend noticed the dogs… She said it looked as if the dogs were “dancing” around the cows. When asked by Muller if she knew whether this was predatory behavior, Alianell said she did not know… She described witnesses on the scene “screaming, ‘Stop! Stop! Stop him!’”  When asked by DeYoung if she thought the dogs should have been shot, Alianell said, “Absolutely not.”  (Read the full article).

MSNBC—Trial Begins for Man Accused of Shooting Dogs: Comins Faces Charges

A trial began Monday for a man accused of shooting his neighbor’s dogs.  Attorneys on both sides of the case met Friday to talk about who will be able to testify at trial…(Read the full article.

USA TODAY—Man Accused of Shooting Siberian Huskies Faces Trial

A man who was caught on video shooting two Siberian huskies in Orange County is scheduled to go on trial today on two counts of animal cruelty. (Read the full article).

WESH NBC 2—Trial Begins for Man Accused of Shooting Dogs: Comins Faces Charges

A YouTube video allegedly shows Christopher Comins shooting his neighbor’s Siberian huskies in May 2008… Comins faces two counts of animal cruelty.(Read the full article).

January 7 thru 9, 2011

CNN FLORIDA 13—Man Caught on Video Shooting Dogs to Face Trial This Week

It was a YouTube video that sparked national attention and prompted protests outside the Orange County Courthouse.  Christopher Comins … is charged with felony animal cruelty… The dogs survived, but one lost an eye. (Read the full article).

BAY NEWS 9—Man caught on video shooting dogs to face trial this week

A man caught on video shooting two Siberian huskies will face trial this week.  Christopher Comins, is the man seen shooting the two dogs back in 2008.  He’s charged with felony animal cruelty. (Read the full article).

Blogs

JONATHAN TURLEY

“(Judge Bob) LeBlanc stopped the trial before that issue was allowed to be decided by the jury — a surprising move since this would appear the ultimate fact finding… Many disagreed with the ruling. I am less concerned about the ruling on the merits as I am the decision to end the trial on such a finding of fact. One can certainly dress up the issue as a mixed question of law and fact, but this appears to be the quintessential question for the jury as a finder of fact.”

LAW VIBE–Top 5 Animal Cruelty Cases of 2010

“Something really stinks down in Orange County Florida and it isn’t cattle droppings. After 32 months, Christopher Comins Felony Animal Cruelty trial was held this week. A jury was selected, opening statements were made, and the prosecution presented their case with witnesses and evidence. But right smack in the middle of it, the presiding judge acquitted Comins of all charges, and the jury was dismissed… Judges are elected in the State of Florida and Judge Bob LeBlanc is up for re-election in 2012.”

• FOR THE LOVE OF THE DOG–Justice Round-Up 1/15/11
• DANGEROUS DOG LAW–Comins Charges Dismissed By Judge: Jury Not Given Chance To Decide
• CONOR & BELLA–The end of The State of Florida v. Comins
  
• DANGEROUS DOG LAW BLOG–Comins Trial- Day 2: Owner and Investigating Officer Testify
• DANGEROUS DOG LAW BLOG–Comins Trial- Day 1: Jury Selection, Opening Statement and First Witness Called
• VOICES FOR ELLA BLOG–Comins case continues Tuesday 9:30 AM, and rest of  week
• DANGEROUS DOG LAW BLOG–Comins Trial To Begin
• FLORIDA STATESMAN BLOG–Man caught on video shooting dogs to face trial this week
• VOICES FOR ELLA BLOG–Trial for the Comins case is Monday, January 10