This story has actually been going on for some time, spreading out to ten states across the nation, the latest being New York. It deals with a program where gentle guide dogs are provided to certain witnesses in court – specifically young assault victims who are too emotionally traumatized to provide testimony – so that they may be comforted by them while on the witness stand.

A 15-year-old girl had special help when she took the witness stand Monday at the trial for the man accused of sexually assaulting her for four years.

Rose, an 11-year-old golden retriever whose regular job is helping provide therapy in schools for troubled children, was there at her side, helping to calm a child who experts said is otherwise incapable of talking about her traumatic ordeal.

It’s an unprecedented arrangement in New York and now gaining acceptance elsewhere. Pioneered by a Seattle prosecutor in 2003, courthouse dogs are participating in trials in at least 10 states, often over the objections of defense lawyers who worry that the dogs generate extra sympathy for victims and witnesses.

During a little more than an hour on the stand, Rose was mostly invisible Monday. When the girl was asked to point out the man who is charged with raping her for four years starting at the age of 10, the dog poked her muzzle up and the girl stroked it. When she was asked to go into graphic detail about the rapes, she looked down and patted the dog.

Right off the bat, in case it could imply that I’m biased, most regular readers know that I’m a dog guy. I’ve always had dogs and I love them. I also have pretty much zero tolerance for anyone who abuses children. So I’m not sure exactly why this would ever be considered controversial, but at least according to one defense lawyer, it’s… not fair.

Before the girl took the stand, defense lawyer David Martin repeated his objections.

Martin, the public defender representing 36-year-old Victor Tohom, has objected not only to the potential that Rose would generate prejudicial empathy among jurors, but the fact there is no law in New York allowing the dog to accompany her. He said Greller’s decision allowing the dog will be part of any appeal if Tohom is convicted on the charge of predatory sexual assault against a child.

So… “prejudicial empathy” is it? I suppose a small child who has been repeatedly raped and abused over a period of years wasn’t already a fairly empathetic figure? But having a dog there to help calm her might… I’m sorry, what was it again.. “sway the jury?”

I suppose I’ll leave this one for the Hot Air faithful to debate and go hunt for a bottle of tequila. I’m about ready to punch somebody. If the dog helps the little girl, then send in the damn dog.