Peacock suspect wants jury
POSTED: Saturday, June 20, 2009
Sandra Maloney, who allegedly beat a peacock to death with a baseball bat last month at Makaha Valley Towers, pleaded not guilty and demanded a jury trial through her attorney yesterday at Waianae District Court.
The attorney for the woman who killed a peacock says her behavior might not be illegal and she is asking for a jury trial.
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Maloney is charged with second-degree cruelty to animals. If she is convicted of the misdemeanor, Maloney could face up to a year in jail and a $2,000 fine.
District Judge Paula Devens agreed to the request and sent the trial to Circuit Court for a future arraignment.
According to Randy Oyama, Maloney's attorney, she waived her right to attend the hearing, saying that she's a very private person and was overwhelmed by the attention from the media.
Maloney admitted to killing the peacock on May 17 in an interview with KITV shortly after the incident. “;I grabbed him by the tail, and I whacked him on the head,”; Maloney told KITV. She had previously complained about the peacocks to the director of the property, but her claims went unanswered.
“;The feral peacock population creates a noise which is pretty unbearable,”; Oyama said. “;Tenants are frustrated that they can't do anything about this problem.”;
Oyama defended his client, saying that the cruelty to animals law is not clear. “;It's a vague statute that excludes the protection of vermin, pests, and insects. It doesn't give too much guidance as to what's considered a pest.”;
He also called it a “;very ironic case,”; comparing the peacock killing to the eradication of coqui frogs and the shooting of cows.
Oyama said that he hasn't formulated how to proceed with the hearings, which will be scheduled by the circuit court.
Johami San, a resident of Makaha Valley Towers, attended the hearing on behalf of 75 residents who were upset by the killing.
“;I really feel sorry for this woman, but I think she should be punished too,”; said San, who noted that she doesn't know Maloney personally. “;I don't want to see any violence escalate.”;