During the trial:
Make an Appellate Record of the Dog’s Behavior While Present in the Courtroom
Note:
- Where the dog is placed in the courtroom
- Efforts taken to ensure that arrangements have been made to either reduce or prevent the jury’s ability to view the dog
- If the dog had any physical interaction with witness and if so, what type of interaction
- If the dog engaged in any distracting behavior. If yes, then ask the judge to comment on whether the dog’s behavior interfered with proceeding with the trial in a manner that was fair to the defendant
Ensure that the pre-trial agreements are carried out
- Witness and dog enter and exit the courtroom outside the presence of the jury
- Jury instructions given at appropriate times- before witness testifies and/or at end of trial
- Make sure the court makes a record of why they either allowed this accommodation or refused it