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Help Pass Duke’s Law
The case of Derek Franzen exposes how institutional failures perpetuate cycles of violence against both humans and animals. Below, we dissect the systemic flaws and detail how Duke’s Law would dismantle them.
1. Legal Loopholes: Animals as “Property,” Not Victims
Current Law (ORS 167.320):
– Classifies severe animal cruelty as a Class C felony (same category as stealing a bike).
– Penalty: Max 5 years, $125K fine—but rarely enforced.
How It Failed Duke:
Police dismissed Derek’s execution of Duke as a “neighbor dispute,” refusing to file charges.
Duke’s Law Fix:
– Reclassify animal torture as a Class B violent felony (alongside assault/homicide).
– Mandate charges if abuse occurs during domestic violence.
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2. Institutional Silos: No Cross-Reporting
Current System:
– Animal control, CPS, and police do not share data.
– Example: Derek’s 7 animal killings were never flagged to CPS during custody evaluations of Alfred.
Consequences:
– Alfred’s abduction: CPS granted Derek unsupervised visits despite his homelessness, drug use, and prior assault charges.
– Fireworks incident: Derek’s history of animal torture wasn’t considered when he let kindergartners play with explosives.
Duke’s Law Fix:
– Cross-reporting mandate: Require animal control to alert CPS/police of abuse (modeled after [CA’s SB 580](https://safeplaceforpets.org/)).
– Centralized database: Track abusers across animal cruelty, DV, and child abuse cases.
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3. Law Enforcement Failures: “Just a Dog” Mentality
Case Study: The Three-Legged Pig
Neighbors reported Derek kicking a disabled pig in 2023. Officers refused to open a case, stating:
> “No crime occurred.”
Pattern of Neglect:
– 2020 assault charge: Derek faced no jail time despite video evidence.
– 2024 restraining order: Ignored as Derek stalked the family and killed goats with fiberglass.
Duke’s Law Fix:
– Training programs: Teach officers to recognize animal abuse as a predictor of human violence (funded by fines from animal cruelty convictions).
– Whistleblower protections: Shield officers who report departmental inaction.
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4. Economic Barriers: Trapping Victims
Financial Abuse in Action:
– Derek contributed $400/month while earning $6k, leaving the family in poverty.
– Threats of homelessness: “I pay for everything!”—used to justify control.
Duke’s Law Fix:
– Pet/child-safe shelters: Funded by state grants, allowing victims to flee with dependents.
– Restitution orders: Mandate abusers pay for animal care, therapy, and housing.
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5. Family Courts: Ignoring the “Link”
Alfred’s Case:
– Judges granted Derek custody despite video evidence of child assault and animal torture.
– Rationale: “Parents deserve second chances.”
National Data:
– 85% of DV survivors report pets being used as leverage by abusers [National Link Coalition]https://nationallinkcoalition.org/
– Only 3% of protective orders include pets.
Duke’s Law Fix:
– Pet-inclusive restraining orders: Automatically include pets/children in DV protections.
– CPS reforms: Require animal abuse history in custody evaluations.
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Duke’s Law: Full Text Proposal
1. Animal cruelty = violent felony (Class B).
2. Cross-reporting between animal control, CPS, police.
3. Pet/child-safe shelters funded by state fines.
4. Mandatory DV training for judges, cops, CPS.
5. Public abuser registry for repeat offenders.
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Call to Action
1. Email Oregon legislators: [Find Your Rep] https://www.oregonlegislature.gov/
2. Donate: [Justice for Duke GoFundMe] https://gofund.me/bd4db761 to lobby for Duke’s Law.
3. Tag lawmakers:
– @SenKayseJama (Chair, OR Senate Housing & DV Committee)
– @RepLisaReynolds (Vice-Chair, OR House Healthcare Committee)
– @OregonDOJ
Sample Script:
“@SenKayseJama Oregon’s laws failed Duke, Alfred, and countless others. Support Duke’s Law (HB 202X) to break cycles of violence. #JusticeForDuke”
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Conclusion: Systems Enable Abusers
Derek Franzen didn’t act in a vacuum. He thrived in a system that dismisses animal torture, silos agencies, and gaslights victims. Duke’s Law isn’t just policy – it’s a lifeline.
#PassDukesLaw #NoMoreLoopholes #ProtectTheVoiceless
Share this article and tag @TheOregonian, @OPB, and @KOINNews. Silence kills.
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