District judge ordered animal destroyed after testimony 
                it bit  paper carrier, at least two others 

                 Tuesday, May 23, 2000

                 By LIZ COBBS 
                 NEWS STAFF REPORTER 

                 An Ann Arbor couple will ask a district judge to keep
                 their dog alive until they appeal a decision to destroy the
                 animal to the state appeals court.

                 Ato (pronounced Otto), owned by Hiroshi and Seiko
                 Ikuma, is still alive and housed at the Humane Society of
                 Huron Valley.

                 "We have filed a motion at this time to stay execution of
                 the dog pending the appeal to the Michigan Court of
                 Appeals," said the Ikumas' attorney, Raymond G.
                 Mullins.
                 Mullins said he expects to file the appeals request to the
                 Michigan Court of Appeals on Wednesday. Mullins will
                 appeal opinions of the district and circuit court judges
                 regarding the dog's demise.
                 The Ikumas are expected to appear before 15th District
                 Judge Julie Creal Goodridge on June 1 to ask if they can
                 keep the 7-year-old chow alive until they go to the
                 Michigan Court of Appeals.
                 In October, Goodridge ordered Ato destroyed after
                 hearing testimony about the dog biting a 13-year-old
                 substitute newspaper carrier in August 1998 and at least
                 two other people at different times.
                 The case was appealed to Washtenaw County Circuit
                 Judge Timothy P. Connors who recently issued an
                 opinion upholding the lower court's opinion.
                 Connors found in his seven-page opinion dated May 10
                 that the lower court "did not clearly err in determining
                 that Ato is a dangerous animal, (and) that the district
                 court did not make errors of law ... "
                 Assistant City Attorney Robert West said the city is
                 satisfied that Connors' opinion contained close scrutiny
                 of the matter.
                 "I think it was a careful analysis of both the procedural
                 and substantive issues of what was on appeal," West
                 said this morning.
                 Seiko Ikuma was prosecuted by the city of Ann Arbor
                 after Ato bit 13-year-old Alex Newton on Aug. 23,
                 1998, when he delivered an Ann Arbor News paper at
                 the Ikumas' house.
                 Alex was substituting for the regular paper carrier that
                 day. According to testimony and court documents, Alex
                 opened the storm door to the Ikumas' house and placed
                 a paper inside the door. Ato was nearby inside the
                 house.
                 After Alex closed the screen door and began walking
                 away, Ato jumped up on the door, pushed his way
                 through it and attacked Alex, knocking him down and
                 biting him on his left arm, left buttocks and upper left leg.
                 The teen-ager's father, Roger Newton, was nearby and
                 heard his son screaming. The father grabbed the dog by
                 the neck to get him off his son. Seiko Ikuma came and
                 took the dog back to the house. Alex was taken by his
                 father to St. Joseph Mercy Hospital for treatment of his
                 injuries.
                 Seiko Ikuma was acquitted of a harboring a vicious
                 animal charge in December 1998. The city filed a
                 petition to the Ann Arbor court to have the dog
                 destroyed under two state laws pertaining to dogs and
                 dangerous animals.
                 In April, Alex's parents, Roger and Coco Newton of
                 Ann Arbor, filed a lawsuit in Washtenaw County Circuit
                 Court naming the Ikumas as defendants.
                 The case was dismissed after an out-of-court settlement
                 was reached in which Alex will get an annuity that will
                 pay him at least $51,000 by the time he reaches age 28.
                 His parents also received $4,845, plus attorney fees.