People v. Land

(Court opinion corrected 7/18/11.) Defendant was convicted, after jury trial, of aggravated cruelty to a companion animal, for having used a heavy industrial tow chain as a dog collar, which caused open wound and then became imbedded in pit bull's neck. State satisfied burden of establishing a knowing waiver of Miranda rights; officer testified that Defendant answered his inquiry whether she understood her Miranda rights by swearing at him. No error in State's reference, in closing argument, to Defendant's use of profanity, which defense counsel had first mentioned in closing argument. State argued that chain was instrument of cruelty and torture, and Defendant's anger was a relevant consideration for jury to assess Defendant's intent in using the chain. (CAHILL, concurring; GARCIA, specially concurring.)