Judge declares mistrial for man accused of killing neighbor's yellow labrador after therapy dog wanders into jury room
A judge has declared a mistrial in the case of a Pennsylvania man accused of killing his neighbor’s yellow lab after a courthouse therapy dog inadvertently entered the jury room.
Judge Michael F Salisbury made the decision on Friday once it was brought to his attention that the black lab, Clark, had mingled with the jurors deciding the fate of Robert W Wallish III, who admitted on the stand to killing the same breed.
Clark was in the courthouse with his probation officer handler. At some point, his leash was dropped and he went into the jury room, where he was petted by multiple jurors, Pennlive reported.
Salisbury called defense attorney Sarah Marie Lockwood and District Attorney David Strouse into his chambers to discuss the issue. The trial had begun the day before, on Thursday.
Lockwood requested a mistrial after speaking with Wallish, while Strouse argued that the trial could be saved if the jury was given curative instructions.
Salisbury agreed with the defense and granted a mistrial, even though testimony was almost over. The prosecution had rested in the morning and Lockwood only had two more witnesses to get through.
If Wallish does not agree to a plea deal, his next trial is scheduled to begin in the middle of May.
Wallish, 55, said in his testimony that he shot his neighbor's dog while it was still dark out on December 16, 2024.
Clark, a courthouse therapy dog, wandered into a Pennsylvania jury room on Friday - during the case of Robert W Wallish III, who was charged with killing his neighbor's yellow lab
He was at his hunting cabin in Clark County and explained that at around 5.30am, he went to check on his trail cameras because he had seen an opossum the night before.
He took the SD card out of the camera and went back to the cabin, he said.
When he realized the camera battery was dead, he went back outside with a replacement battery. He did not have his flashlight with him but he had his rifle.
While walking, he said he heard a growl. He turned and fired, not knowing what he had shot.
He soon realized that it was a dog, and estimated he had shot it from about 10 to 15ft away.
'I felt terrible because it was a dog,' he said. 'I love dogs.'
Wallish said he put the dog's body in a garbage bag, put it in the trunk of his car and drove to his home in Dauphin County, about 150 miles away from his cabin.
He then left the remains in a field about three miles from his home. The remains were discovered the next day and police were called in.
Wallish admitted to killing the dog and dumping its remains three miles from his property. Now that his case has ended in a mistrial, his new trial is set to begin in the middle of May
Wallish then admitted he initially lied to state police, telling them he had no knowledge of a dog being shot.
He maintained that he thought he did nothing wrong in shooting the dog but said he 'wasn't thinking clearly' when he decided to dispose of the canine's remains without telling anyone.
Wallish also said he did not know Andrew and Alyssa Gavlock of Westport, the owners of the 11-year-old dog named Hemi. He did acknowledge that he could see their home about 300 yards away.
Andrew Gavlock testified that he let out Hemi that morning. He later followed paw prints in the snow, which led to Wallish's hunting property.
Andrew did not go there. He instead used binoculars and was able to see blood stains on the snow on Wallish's property, and called the police.
Wallish has been released on $10,000 unsecured bail. He faces charges of aggravated animal cruelty, evidence tampering and abuse of a corpse.
