Courthouse dog on duty in county

SANDPOINT — Testifying in court proceedings in Bonner County is expected to get a lot less daunting for child witnesses and other vulnerable witnesses.

Those expectations are riding on the sturdy shoulders of Ken, an exceptionally easygoing 2-year-old Black Labrador/golden retriever mix. Ken was trained to be a courthouse facility dog, which means he will accompany child witnesses when they are on the witness stand.

He's been rigorously trained to quietly lay at the feet of a witness and provide a source of comfort and reassurance during the harrowing experience of testifying in open court about some of the worst moments in their lives.

In other words, Ken is 74 pounds of calm blue ocean.

The Bonner County Prosecutor's Office obtained Ken through the Courthouse Dogs Foundation and Canine Companions For Independence, an internationally recognized nonprofit that provides highly trained assistance dogs.

Ken was trained specifically for courthouse duty. He toilets on command and is generally imperturbable due to intense socialization and stepped noise desensitization that began when he was about eight weeks old. 

"They're trained to be quiet and keep their head down no matter what," said Celeste Walsen, a veterinarian and executive director of the Courthouse Dogs Foundation, which is based in Bellevue, Wash.

Why not cats?

"I don't think anybody who really knows cats asks us that," said Walsen, explaining that canines have more reliably predictable behavior than felines.

Ellen O'Neill-Stephens founded Courthouse Dogs Foundation after serving 26 years as a prosecutor in a criminal justice system that exposes participants to trauma.

"By the end of my career, I was pretty shellshocked and I thought, 'There's got to be a better way to do this. It's hard on everybody,'" said O'Neill-Stephens.

O'Neill-Stephens saw firsthand the calming influence a courthouse dog could exert while prosecuting in King County, Wash. A serial rapist was standing trial in Seattle in 2010 when one of his victims learned that he would be acting as his own defense counsel and she should brace for an overly aggressive cross-examination.

The woman threatened suicide at the courthouse and ultimately declined to testify. A second witness, who was also frightened of testifying against her attacker, went outside to compose herself. That's when another man made a suicide plunge from a sky bridge and landed at her feet.

O'Neill-Stephens said the woman was inconsolable until a courthouse dog was later brought to her. The woman smiled, talked about her own dog and ultimately resolved to testify in the case, which ended with a conviction.

Walsen said the calming influence of courthouse dogs is enhanced when witnesses are allowed to pet them.

"It changes you neurophysiologically. It raises your oxytocin level and reduces your cortisol. It's just like having your friend sit down next to you and put their arm around you," Walsen said.

The use of dogs in courtroom settings has drawn criticism due to concerns that it can make jurors overly sympathetic to a witness. But Ken and a witness can be brought in and out of the room outside the presence of the jury Ken would be invisible to jurors due to the configuration of the witness stand.

Ken's stillness and quietness was demonstrated when Courthouse Foundation officials met with judges in Bonner County recently. They placed Ken in the witness stand before the meeting started and later revealed that Ken was already there.

"They had no idea Ken was there," said O'Neill-Stephens said.

Peggy Frye, a victim witness unit coordinator at the prosecutor's office, and Rossemary Udrizar, a victim advocate, underwent an intensive two-week training program to serve as Ken's handlers.

"It is like a bootcamp. It's very intense and fast-paced," said Frye.

Frye and Udrizar plan to use Ken while providing victim advocate services in the field or at a hospital. Jurists, meanwhile, have expressed an interest in utilizing Ken during Child Protection Act custody cases.

Bonner County Prosecutor Louis Marshall said Ken will provide immense benefits to child victim witnesses, but will also be available to vulnerable adults, defense witnesses and even defendants if there is a demonstrable need.

"He's not the prosecutor's dog. He's the courthouse dog," said Marshall.

The county has budgeted $5,200 a year for Ken's food, vet care, certification and ongoing handler training. However, that cost is expected to eventually lessen as training and certification requirements ease over time.

Canine Companions provides a $1 million liability insurance policy for the duration of Ken's working life.

Frye said Ken can help witnesses provide clearer statements from the onset of a case, which can increase the chances of resolving a case before a costly trial is conducted.

"If he can get a victim to speak from the beginning and tell what happened to them, the likelihood of going to trial with that child decreases," said Frye, who boards Ken at her residence.

Walsen said portability is another reason why courthouse dogs are useful. They can accompany a victim witness to the hospital, the prosecutor's office, the witness room and the courtroom.

"He will be the only constant all through the process," said Walsen.

O'Neill-Stephens admits she is sometimes astonished at how simply effective dogs can be in a courthouse setting.

"I wake up some mornings and it still seems crazy. Dogs? Really? This is what's going to change it? But we've been doing this for many years and it's working," she said.