Neighborhood pooper snooper acquitted
By Monte Whaley
Denver Post Staff Writer
Thursday, July 19, 2001 - BOULDER - A jury Wednesday sided with a 50-year-old botanist who videotapes dog owners who ignore leash laws and their own dogs' poop.
A three-man, three-woman County Court panel took 15 minutes to acquit Patrick Murphy of misdemeanor harassment. Murphy sighed deeply after hearing the verdict and later said he'd change some of his methods of tracking scofflaw dog owners.
But Murphy - who used satellite-mapping technology to track poop piles - said he's not backing down in his goal to force people to clean up after their pets.
"I found something that works," said Murphy, a former dog owner. "I'm not frustrated. I'm creative."
If convicted, he could have faced six months in jail and a $750 fine.
Murphy was accused of taping Holly Mirabile and her dog at Casey Middle School on May 10 while the dog was off its leash in an area where one is required.
Murphy then turned off his camera and followed Mirabile to her home and then her office. Mirabile testified in the day-long trial that she was shaken by the experience.
Murphy testified that he followed the woman only to find out where she worked so he could call animal-control officers.
Prosecutor Cassidy Murphy - no relation - tried to portray Patrick Murphy as almost obsessed with the amount of dog droppings left at the Casey Middle School playground, near his home. That drove him to confront Mirabile and her dog, she said.
"He had had enough," Cassidy Murphy said.
Patrick Murphy called one Boulder animal-control officer 100 times in three years to complain about dogs without leashes. He testified about the satellite mapping he used to chart the number of dog mounds left on the middle's school playground.
The map showed that 663 piles of poop were scattered over the playground on one day in March.
"If you're standing there watching sports, you are standing in it," he said.
Murphy was accused of harassing another dog owner at Casey the same day, but that charge was dropped by Judge Lael Montgomery because the prosecution couldn't show that he intended to harass the owner.
Murphy's videotaping led to another dog owner earlier this year pleading guilty to violating Boulder's leash law.
Murphy attended Boulder's 1996 Dog Forum to discuss dog management.
He has written letters to the editor and has spoken to the City Council about the dangers of dog excrement seeping into the city's groundwater.
"The real issue is learning to be aware of, and dealing with, negative impacts of dogs," Murphy said. "Denial is one hurdle that must be overcome."
Murphy said his arrest convinced him to keep his video camera on at all times to record every word. He'll also call police and tell them he's taping, he added.
Still, juror Mark Adolfson said Murphy's videotaping could one day put him in danger.
"He's pushing the envelope," he said. "But it's still a good cause."