morrison found guilty in squirrel assault
Friday, August 7th, 2009
After 20 minutes of deliberation a jury has found Scout Morrison guilty on 118 misdemeanor charges stemming from a December 2007 harassment incident involving a California ground squirrel.
Morrison, a 2½-year-old German Shepherd mix who was tried as an adult, wagged his tail merrily as the jury foreman read the guilty verdicts, including one count of assault, one count of kidnapping by confinement, one count of torture, one count of reckless mayhem, and 114 counts of criminal barking threats.
Morrison in a 2009 file photo
Morrison was just 11 months old at the time of the incident, during which he chased the squirrel up an elm tree located in his backyard, then barked and paced below for a solid hour, preventing descent by the squirrel, who testified that he was “paralyzed by his fear of heights, and also of being eaten,” and therefore was forced to remain in the upper branches of the elm to a point of mental and physical exhaustion that required immediate hospitalization.
Prosecutor Rocky Lundt, representing the plaintiff through Breaking Down Fences, a nonprofit legal advocacy organization dedicated to fighting the yardification of squirrel habitats, said he believed the jury reached “absolutely the correct verdict” but also bemoaned the slowness of the criminal justice system. “It may be perfectly fine for humans, or even dogs, to wait a year and a half to see justice served, but California ground squirrels have an average life span of four, maybe five years. It’s an indignity, to say the least, that my client had to spend the best months of his life suffering through baseless motions and hearings while his attacker ran loose in his ancestral home.”
The case raised a number of questions pertaining to the nature of ownership and clashing land-use rights between native wildlife and the so-called domesticated predators who arrive with host families following a home sale.
Defense counsel Needles, an opossum who disagreed strongly with the jury’s verdict, noted that while she largely felt sympathy for suburban and exurban wildlife, the backyard in question is attached to a ranch home built in 1954, giving this particular squirrel’s forebears 55 years to relocate to a nice nearby park. Besides which, Needles added, “I maintain, as counsel has repeatedly maintained, that dogs are incapable of recognizing the difference between a scared squirrel and a small, playful dog. One can either choose to see that as vicious or beautifully egalitarian; I think you know where I stand.”
Delays in the case were partly due to discontinuity in Morrison’s defense. Morrison’s initial counsel, Slinky—an undocumented cat who may have been angry with the homeowners for trapping, spaying, and re-releasing her to their yard with a nicked ear—disappeared several months into the trial and wasn’t heard from again. Morrison then briefly enlisted a squirrel attorney, but a caseworker intervened on his behalf to request a competency hearing and Morrison’s trial was put on hold until new counsel could be found.
Needles, who took over Morrison’s case in mid 2008, motioned for a change of venue, arguing that it was “impossible for him to obtain a fair trial in a backyard he feels obliged to defend from alien creatures, strange sounds, and shiny things,” but Judge Chi Chi Champaign, a Chinese Crested dog from next door, ruled that the trial would take place under the pomegranate tree, with jury selection to begin as soon as the homeowners could be bothered to fill the nearby birdfeeders to attract a suitable jury pool.
The eventual jury of four house finches, two mourning doves, two lesser goldfinches, two Western scrub-jays, one mockingbird, and one starling all fixed their gaze on Morrison as the jury foreman read the verdicts, convicting Morrison on all counts—despite a potentially damning photograph of the plaintiff that emerged during the trial suggesting he may be in the habit of taunting predators.
“Look, this clearly was not a jury of his peers. Some were just too dumb to get out of jury duty, and the rest obviously had an ax to grind. He’s likely given chase to every one of them at some point,” Needles said. “And 114 counts of criminal barking threats? The squirrel was paralyzed by fear but somehow had his wits about him to count the number of times my client barked. Ever heard of a little thing called ‘playing’ possum? There’s no play to it, folks, that’s threat-triggered paralysis—and I could no more tell you how many times a dog has barked at me in that state than I could tell you what you ate for breakfast in your kitchen this morning, because I wasn’t there!”
Needles went rigid twice during the course of the trial, forcing the court to adjourn indefinitely while she regained consciousness. She spoke frankly about her handicap at the press conference. “It’s certainly a hindrance professionally,” she sighed. “The sudden paralysis is one thing, but the foaming at the mouth and the anal secretions—it’s all quite involuntary, but only other opossums can truly understand the embarrassment. Sure, I think about how life might be different for us otherwise. We have opposable thumbs on our hind feet, you know, and 50 razor-sharp teeth that we rarely get a chance to use defensively because of our stupid maladaptive reflex.”

Needles showing off her teeth to reporters
Prosecutor Lundt moved that Morrison be housed in a secure facility pending sentencing, calling him a “loose cannon,” but Judge Champagne remanded Morrison to the custody of his host family.
“That’s ludicrous!” Lundt shrieked. “The homeowners have been completely irresponsible about curbing this lunatic canine! How can you possibly guarantee my client’s safety?”
Judge Champagne, in a rare show of irritation after the long and sometimes circus-like trial, sighed, blowing the forelock of hair from her brow. “I don’t know, counsel,” she said. “Perhaps your client could, for his own good, temporarily relocate to the perfectly nice elm tree just outside the fence line?”
Sentencing is scheduled for the next time the birdfeeders are filled.






















