DNA saves dog from death penalty

Jeb’s owners, Penny and Kenneth Job of St. Clair, Michigan, couldn’t believe that their sweet Jeb, the same gentle dog who helps Ken get up when he falls down, who lives peacefully with three other dogs, seven cats and a coopful of chickens, could ever harm another living being.

So the family used a forensic technique often used for human defendants to save their dog from death row last fall.

The perfect service dog

Jeb Stuart Job stands hip-high, with a muscular frame, big dark eyes and a long black snout. He’s had a rough two years on this Earth.

Still bitter that their innocent dog was nearly put to death, Jeb’s owners wonder why they had to come up with the idea of DNA analysis. Why didn’t the court do it before condemning Jeb to death? After all, that kind of testing is often done with human defendants.

The answer is simple, according to David Favre, a professor at Michigan State University College of Law and editor in chief of the Animal Legal and Historical Center.

Humans accused of a crime have rights under criminal due process.

“In a criminal prosecution, where you’re putting a person in jail, we have the highest level of protection,” Favre said.

It’s a different story with dogs.

“Dogs have no rights. They’re property,” Favre said.

He wonders whether courts should reconsider and make DNA analysis a regular part of the process when a dog’s life hangs in the balance.

“It’s an easy thing to do. We just haven’t thought of it in this context,” he said.

He applauds the Jobs for saving their pet.

“Now people will realize they can do this, that it’s a tool,” he said. “They used a very creative defense.”