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Sara
February 2001
Napa, CA
In Napa CA, Sara, an 8-month-old female kitten was beaten, taken from the neighborhood and later set on fire. According to police, Martin Berg, a pizza deliveryman, while making a delivery allegedly struck the kitten with a flashlight, then put the injured cat in his vehicle. Upon reaching his next delivery destination, the suspect removed the injured cat from his vehicle, put lighter fluid on her and lit her on fire
Times-Herald
Friday, February 23, 2001
Napa not smitten on kitten cruelty
Felony charges await 40 year old
By Matthias Gafni
Times-Herald staff writer
NAPA -- In a case that has sparked public outrage, a Napa man charged with beating a kitten with a flashlight and then setting it on fire waived his right to a preliminary hearing Thursday.
Martin Berg, 40, will be arraigned next month in Napa Superior Court on two counts of felony animal cruelty and one count of felony arson. Berg has pleaded not guilty to all the charges. If he's convicted of all three charges, he could face three years and eight months in state prison.
The disturbing nature of the alleged crime has triggered protests in Napa and from animal rights groups. About 50 people shouted angry comments toward Berg when he was initially arraigned on Jan. 30, and there has been tight security and packed courtrooms throughout the trial.
"It's a serious animal abuse case. It's the most serious animal case I've seen," said District Attorney Gary Lieberstein, whose been a prosecutor for 15 years and has chosen to try this case. "Most people have a household animal and they can in some way identify with it."
Lieberstein has received numerous letters from animal rights groups and Napa residents asking for a severe punishment.
Napa attorney Mervin Lernhart, who represents Berg, said he's contemplating asking for a change of venue because of the case's publicity.
" I think this is a serious case of animal abuse, but I think that the charges and positions of the district attorney have been influenced by animal rights groups and has made it political." Lernhart said, "County jail time is appropriate, but not four to five years in prison."
Lernhart said he waived his client's right to a preliminary hearing to avoid further publicity.
"I've got two inches of e-mails and letters and various signings by animal rights groups all urging (Lieberstein) to seek the maximum prison sentence. There are fliers around town urging people to attend the court hearings," Lernhart said.
Public opinion never entered his decisions, Lieberstein said, but the case "from the day it came in called for a serious treatment."
Bail was set at $65,000, which is relatively high. Berg posted a bail bond and remains out of police custody, but with numerous conditions. Among other stipulations, Berg must avoid contact with weapons, alcohol and animals. Berg and his girlfriend had a pet dog and cat that the court ordered into new homes.
The crime occurred the night of Jan. 5 in West Napa. Berg, then a Domino's Pizza delivery man, was walking to a residence on Cooks Court with three pizzas. He spotted Sara, a one-year-old grey-and-white long-haired domestic kitten, and tried to pet her, Lieberstein said.
Berg told police the cat scratched him. Lieberstein said Berg then hit the kitten over the head with a metal flashlight and took the cat with him to his next delivery on Locust Avenue.
Once Berg reached the next customer's house, he tossed the cat from his pizza truck, doused it with charcoal lighter fluid and lit it on fire, Lieberstein said.
"It's pretty gruesome because it took a while from the time he hit the cat and then when he burned the cat. So it seemed like he thought it out," said Cris Kelly, a Napa member of the animal rights group Voices for Pets.
Berg was arrested later that night and soon fired from his job.
Lieberstein said the case against Berg is strong.
"There isn't a lot to dispute that he committed those acts of animal abuse that night, "Lieberstein said. "The evidence that he committed this crime is strong and he did nothing to diminish that evidence."
Lieberstein was alluding to what Berg allegedly told police the night of the crime.
One source said the suspect also allegedly told police that he previously had beaten another cat with a flashlight two weeks before the Jan. 5 incident.
Lieberstein wouldn't comment on that, only saying there was an ongoing investigation and "we have to be certain if there were other acts so that we can see it pursued."
Lernhart would not comment on specifics in the case but said the cat's age, 8 months to 1 year, made it a cat, not a kitten. He added that since the district attorney could not find an owner, it was mostly likely a feral cat.
More so, Lernhart wondered why his client had to be escorted through the back door of a packed courthouse Thursday, while there was a death penalty case down the hall with practically no one in attendance.
"I've never seen a concerted effort to this degree that tried to influence a prosecutor and judicial system, and that strikes me as strange," Lernhart said. "In Napa, it's unusual for the district attorney to come prosecute a case. So let's put that in perspective."
Kelly is simply disgusted.
"It's pretty heinous. It's one of the worst animal cases I've ever heard about," she said. "To set a cat on fire while it's still alive is pretty disturbing. A lot of the community is outraged.
"All I've heard in past animal abuse cases is they sometimes get a slap on the wrist. I'm hoping it doesn't happen this time," Kelly added. "I think he should get prison time. He would get that if he set a human being on fire … someone still suffered."
Kelly said she talked to the veterinarian, Katherine Cornejo, who was called to the scene to treat the kitten.
"She said she saw smoke coming from the body of the cat when she got there. That's an image that's not going to get out of her head for awhile," Kelly said. "What she told me was the cat was still alive but she had to euthanize it because it was in a lot of pain."
Cornejo's office answering machine said she was away for the week.
No owner has come forward to claim ownership of the cat.
Berg will be arraigned March 13 at 8:30 a.m. in Napa Superior Court Commissioner Michael Williams' courtroom.
***
Response from Voices For Pets
Dear Editor,
I am responding to Attorney Mervin Lernhart who represents Martin Berg, the man arrested for beating a cat with a metal flashlight, pouring lighter fluid on her and lighting her on fire.
Attorney Lernhart says since no owner has been found it was most likely a feral cat. Is Attorney Lernhart implying that it is okay to beat and set fire to a homeless cat, or is he trying to devalue the life of the victim?
Attorney Lernhart complained about the e-mails and letters by individuals and animal rights groups, all urging the District Attorney to seek the maximum prison sentence. Lernhart said, "there are fliers around town urging people to attend the court hearings. I've never seen a concerted effort to this degree that tried to influence a prosecutor and judicial system, and that strikes me as strange." Maybe Attorney Lernhart has never heard of 'Mothers Against Drunk Drivers' or 'Parents of Murdered Children' or the many other victims' organizations. Today cruelty to animals is where domestic violence was twenty years ago, when the police did not want to get involved and no one did jail time.
Attorney Lernhart said the cat's age, 8 months to 1 year, made it a cat, not a kitten. That is equivalent to saying that 12-year-old Polly Klaas was a woman, not a child.
Richard Allen Davis' family told of his killing neighborhood pets. But they were only animals and nobody took it seriously. Had it been taken very seriously, Polly might be a young woman today with children and pets of her own.
There are monsters in this world. On October 1, 1993, a 12-year-old child, Polly Klaas, met her monster, Richard Allen Davis. On January 5, 2001, a 1-year-old cat, Sara, met Martin Berg.
Leroy Moyer
Director, Voices For Pets
March 8, 2001
On January 5, 2001, in Napa CA, Sara, an 8-month-old female kitten was beaten, taken from the neighborhood and later set on fire. According to police, Martin Berg (photo at right), a pizza deliveryman, while making a delivery allegedly struck the kitten with a flashlight, then put the injured cat in his vehicle. Upon reaching his next delivery destination, the suspect removed the injured cat from his vehicle, put lighter fluid on her and lit her on fire. The suspect then left in his vehicle. An unidentified witness called a veterinarian, who was unable to save the kitten. The kitty was still alive, the vet said, "she was in so much distress". She called the crime "an atrocity".
Witnesses told police they saw the deliveryman leave the residence. Officers arrested him shortly after the incident at the pizza parlor. "We found evidence in his truck and arrested him" the Officer said. Evidence found included an animal trap, can of charcoal lighter fluid, a bloodied flashlight and animal fur on the floorboard, the report said.
Berg, who has been free since posting $65,000 bail on January 6, 2001, has told investigators he wanted to get even with Sara and wanted her to suffer for trying to scratch him. He also admitted to police a prior incident of beating a cat to death with a flashlight.
Berg has been charged with two counts of animal cruelty and one count of arson.
There are two things you can do to help:
1. Martin Berg's arraignment hearing is scheduled for Tuesday, March 13th, at 8:30 a.m., at the Napa Superior Court, 1111 Third Street (New Courthouse), Napa, Department E, 2nd Floor. Please attend this hearing if you are able to. Our presence does make a difference.2. Please print, sign and circulate the petition to the Napa County District Attorney, Gary Lieberstein, to prosecute Martin Berg to the fullest extend the law allows. We ask that no plea bargain be allowed that does not include a felony conviction and prison time. We further recommend that on sentencing day the Judge consider the degree of violence of this crime and the danger the suspect presents to our communities.
3/21/01
Napa Cat Abuse Case Trial Set for May 7, 2001
On March 13, 2001, an arraignment for Martin Berg (photo at right) was held in the Superior Courthouse in Napa, California. Mr. Berg pleaded not guilty to two counts of felony animal cruelty and one count of arson.
On January 5, 2001, 40-year-old Martin Berg, then a pizza delivery person, was arrested in Napa for allegedly beating Sara, a female kitten, and later, while she was still alive, setting fire to her. Police found an animal trap, a can of lighter fluid, a bloodied flashlight and animal fur on the floorboard of Berg's vehicle. The police report states "the suspect struck a cat over the head with a flashlight. The suspect then put the cat in his vehicle. Upon reaching his next destination . . . the suspect put lighter fluid on the cat and lit the cat on fire. Suspect also admitted to a prior incident whereas he beat a cat with a flashlight." Berg told police he wanted to get even with Sara for trying to scratch him.
Berg's trial date has been set for May 7, 2001, at 8:30 a.m. Prior to the trial, there will be two additional court appearances: A status conference on April 3, 2001 at 8:30 a.m., and a readiness hearing on April 30 at 1:30 p.m. All three will be held in the New Courthouse, 1111 Third Street, Department E, in Napa.
The pretrial dates (April 3 and April 30) are times we could find out about a plea bargain.
If you haven't already done so and would like to, you can contact the Napa County D.A. and thank him for his support in prosecuting this case. Please ask him, if there is a plea bargain, to have the charges remain felonies, and to include the maximum prison time:
Gary Lieberstein
Napa County District Attorney
931 Parkway Mall
Napa, CA 94558
Phone: 707-253-4211
Fax: 707-253-4041
So, we do have a trial date, and although this may change, we know we have at least until May 7 to get signatures on our petitions. If you need additional petitions, you can make copies, or they can be downloaded by clicking here.
Please forward your petitions to Voices For Pets as they become filled with signatures, but you can keep collecting signatures on additional petitions until at least May 7.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
April 20, 2001
THERE HAS BEEN A PLEA BARGAIN
Defendant Martin Berg, accused of beating and setting fire to a female kitten, Sara, on Jan. 5, 2001, in Napa CA, has accepted a plea bargain by Napa District Attorney Gary Lieberstein. Berg had been arrested and charged with 2 counts of animal cruelty and one count of arson. He had been released on $65,000 bail but as of March 25 has been held in Napa County Jail because his bond was pulled when it was discovered that his collateral (a trailer) had recently been sold. On April 11, Berg waived his right to a trial and entered a new plea of "no contest" to 2 counts of felony animal cruelty. Part of the plea bargain includes a guarantee that the felony charges will be kept felony charges - they cannot be reduced at any time. Berg also gave up the right to any future appeal. The arson charge was dismissed because the "owner" of the cat could not be found. In California, to prove arson the crime must be done to property. It would have taken an "owner" to consider Sara, the kitten, as property.
Currently, Martin Berg is in the Napa County Jail and will remain there until May 17th, during which time he will be evaluated by the county. He is scheduled for a probation report and sentencing on May 17th. However, our information is that he will not be sentenced at that time but will rather be sent to San Quentin Prison for an up-to-90-day psychological evaluation (which could take as little as 30 days). After the San Quentin evaluation, he will be returned to Napa County for formal sentencing. All petitions will be presented to the judge. Berg's sentence could be: 1) straight probation, 2) probation and up to one year in County Jail, or 3) up to 3 years and 8 months in State Prison. He could also face a fine of up to $20,000 per felony count. Our best estimate is that Berg's formal sentencing will take place approximately June 15th.
Berg’s crime against Sara happened the evening of January 5, 2001, while he, a 40-year old pizza deliveryman, was on his delivery route. According to the police report, Berg, while making a delivery, struck the kitten with a flashlight, then put the injured cat, Sara, in his vehicle. Upon reaching his next delivery destination, Berg removed Sara from his truck, put lighter fluid on her and lit her on fire. He then left in his truck. A veterinarian was called, but she was unable to save the kitten. "The kitty was still alive," the vet said, "she was in so much distress." Berg was arrested that evening. Police found evidence in his truck, including an animal trap, lighter fluid, a lighter, a bloodied flashlight and animal fur. Berg told investigators he wanted to get even with Sara for trying to scratch him. He also admitted to police to a prior incident of beating a cat to death with a flashlight.
What you can do:
We now have until at least June 15 to circulate petitions. The more signatures we can present to the Judge at sentencing time, the better. Please feel free to photocopy blank petitions, download additional petitions or call Voices for Pets for additional copies: 925-685-5388.
Please mark your calendar as a reminder that all petitions need to be returned to Voices For Pets at the address on the petitions by June 15th.
You can also come to court on Thursday, May 17th at 1:30 p.m.:Napa Superior Court, 1111 3rd Street, Napa, CA, Department G.Thank you all very much for your time and caring.
Cris Kelly - Napa County Director - Voices For Pets
P.O. Box 30836 - Walnut Creek, CA 94598
925-685-5388
July 11, 2001
Sentencing Date Set for Friday, August 3rd at 10:00 a.m. Martin Berg, who in April accepted a plea bargain involving two counts of felony animal cruelty, returned to Napa from San Quentin on Monday June 25th. On June 27, he made a brief appearance in court to schedule his formal sentencing.
Berg, a former pizza deliveryman, had been accused of beating with a metal police-style flashlight and setting fire to a female kitten, Sara, on January 5th of this year. He was originally charged with two counts of animal cruelty and one count of arson. However, the arson charge was dismissed when no owner of Sara could be found. (In California, arson is defined as involving damage to "property," and an owner would have had to be located in order for Sara to be considered "property.")
At a hearing on May 17th, Judge W. Scott Snowden had ordered Berg sent to San Quentin for a period not to exceed 90 days, for diagnosis and evaluation prior to sentencing. The diagnosis and evaluation was to include, as requested by the D.A. and consented to by the judge, "a full diagnostic, which includes the full psychological background as well as the correctional counseling aspect."
The Napa Police Department report of Berg's murder of Sara (case no. 01-000182, dated 1/5/01) is chilling. It includes a statement by the reporting officer that Berg admitted to beating another cat to death two weeks prior to killing Sara. There is also mentioned an incident of another cat being set on fire at the First Baptist Church about 100 yards from Berg's residence. Berg denied responsibility for this, but Animal Services Officer Thomas Scott was to investigate the incident further. However, without an eyewitness, it is unlikely Berg will ever be charged for any of his crimes against other victims.
On the night of Sara's death, when Police took Berg into custody and searched his truck, they found "what appeared to be blood and animal fur on the passenger floor mat," a large metal flashlight, lighter fluid, and Berg's pant's leg was soaked with blood (which Berg admitted was Sara's). Police also found an animal trap in the rear of Berg's truck, which Berg claimed he used in his job as a handyman at the Creekside Apartments---claiming that part of his job was to catch all cats who trespass on the property and take them to the Humane Society. However, he claims that the many cats that he has trapped he has taken to isolated areas and released.
We do not believe that Sara was Berg's only victim.
As tremendously disturbing as this case is, it should be mentioned that a number of individuals in the community, as well as law enforcement officials, have responded with speed and concern. Several witnesses to the events surrounding Sara's death on January 4 acted quickly to try to help Sara and to help police identify and apprehend her killer. One witness attempted to put the fire out by throwing her shirt over Sara. A bucket of water was obtained from a neighbor and thrown over Sara. A veterinarian was called, as well as 911. An attempt, though unsuccessful, was made by one of the witnesses to identify the perpetrator by calling the pizza company he worked for. And all witnesses gave statements to the police, who followed up appropriately and were able to identify and apprehend Berg that same night.
Afterwards, the district attorney did not drop the charges to misdemeanors, as so often happens, but even included in the plea bargain the agreement that the felony charges remain as felonies.
One troubling aspect of the May 17th hearing was the judge's response to receiving letters from the community regarding Berg. Judge Snowden said, "… I've been getting a lot of correspondence directed to the Court and it is, of course, improper for the Court to receive such correspondence. And I understand the passion with which people view certain sorts of cases and the passion with which people view this case, but receiving such correspondence puts the Court in a big -- puts me, as a judge, in a very difficult position. . . . I'm not saying anybody has done anything wrong, by making the effort, but I need to make it clear that it's not proper for me to read or consider such correspondence."
Judge Snowden's comments surprised Voices For Pets, as we have never in the past experienced such a reaction from a judge. In fact, in at least four cases Voices For Pets has responded to, the judges have acknowledged and accepted petitions from Voices For Pets containing many thousands of signatures. In many cases, judges have noted and held up in court letters received from the community before sentencing. In four cases, Voices For Pets has been permitted to make a victim's impact statement. So obviously Judge Snowden's thinking is not shared by all his colleagues.
Even if Judge Snowden refuses to accept the petitions in this case, you should not in any way be discouraged in your letter-writing and petitioning efforts. Your letters and petitions have played an important part. They have helped spread the word to many thousands of people about violence against animals, and raised public consciousness
The August 3rd sentencing date will be the final court appearance in this case, so please come to court if you can. So far, Voices For Pets has collected 12,000 signatures on petitions. Please send in any signed petitions that have not yet been returned so they can be included with the others.
A REMINDER: THE FINAL SENTENCING HEARING FOR MARTIN BERG WILL TAKE PLACE ON FRIDAY, AUGUST 3, 10:00 A.M., IN DEPT. G, NAPA SUPERIOR COURT, 1111 3RD ST., NAPA, CA.
Leroy Moyer, Director
Voices For Pets
P.O. Box 30836
Walnut Creek, CA 94598
925-685-5388
August 1, 2001
Sentencing Date Set for Friday, August 3rd at 10:00 a.m. Martin Berg, who in April accepted a plea bargain involving two counts of felony animal cruelty, returned to Napa from San Quentin on Monday June 25th. On June 27, he made a brief appearance in court to schedule his formal sentencing.
Berg, a former pizza deliveryman, had been accused of beating with a metal police-style flashlight and setting fire to a female kitten, Sara, on January 5th of this year. He was originally charged with two counts of animal cruelty and one count of arson. However, the arson charge was dismissed when no owner of Sara could be found. (In California, arson is defined as involving damage to "property," and an owner would have had to be located in order for Sara to be considered "property.")
At a hearing on May 17th, Judge W. Scott Snowden had ordered Berg sent to San Quentin for a period not to exceed 90 days, for diagnosis and evaluation prior to sentencing. The diagnosis and evaluation was to include, as requested by the D.A. and consented to by the judge, "a full diagnostic, which includes the full psychological background as well as the correctional counseling aspect."
The Napa Police Department report of Berg's murder of Sara (case no. 01-000182, dated 1/5/01) is chilling. It includes a statement by the reporting officer that Berg admitted to beating another cat to death two weeks prior to killing Sara. There is also mentioned an incident of another cat being set on fire at the First Baptist Church about 100 yards from Berg's residence. Berg denied responsibility for this, but Animal Services Officer Thomas Scott was to investigate the incident further. However, without an eyewitness, it is unlikely Berg will ever be charged for any of his crimes against other victims.
On the night of Sara's death, when Police took Berg into custody and searched his truck, they found "what appeared to be blood and animal fur on the passenger floor mat," a large metal flashlight, lighter fluid, and Berg's pant's leg was soaked with blood (which Berg admitted was Sara's). Police also found an animal trap in the rear of Berg's truck, which Berg claimed he used in his job as a handyman at the Creekside Apartments---claiming that part of his job was to catch all cats who trespass on the property and take them to the Humane Society. However, he claims that the many cats that he has trapped he has taken to isolated areas and released.
[Note from Voices For Pets: Although the police report stated Berg claimed his job involved trapping and taking animals to the Humane Society, the Humane Society does not take in surrendered animals--Animal Services does that.]
We do not believe that Sara was Berg's only victim.
As tremendously disturbing as this case is, it should be mentioned that a number of individuals in the community, as well as law enforcement officials, have responded with speed and concern. Several witnesses to the events surrounding Sara's death on January 4 acted quickly to try to help Sara and to help police identify and apprehend her killer. One witness attempted to put the fire out by throwing her shirt over Sara. A bucket of water was obtained from a neighbor and thrown over Sara. A veterinarian was called, as well as 911. An attempt, though unsuccessful, was made by one of the witnesses to identify the perpetrator by calling the pizza company he worked for. And all witnesses gave statements to the police, who followed up appropriately and were able to identify and apprehend Berg that same night.
Afterwards, the district attorney did not drop the charges to misdemeanors, as so often happens, but even included in the plea bargain the agreement that the felony charges remain as felonies.
One troubling aspect of the May 17th hearing was the judge's response to receiving letters from the community regarding Berg. Judge Snowden said, "… I've been getting a lot of correspondence directed to the Court and it is, of course, improper for the Court to receive such correspondence. And I understand the passion with which people view certain sorts of cases and the passion with which people view this case, but receiving such correspondence puts the Court in a big -- puts me, as a judge, in a very difficult position. . . . I'm not saying anybody has done anything wrong, by making the effort, but I need to make it clear that it's not proper for me to read or consider such correspondence."
Judge Snowden's comments surprised Voices For Pets, as we have never in the past experienced such a reaction from a judge. In fact, in at least four cases Voices For Pets has responded to, the judges have acknowledged and accepted petitions from Voices For Pets containing many thousands of signatures. In many cases, judges have noted and held up in court letters received from the community before sentencing. In four cases, Voices For Pets has been permitted to make a victim's impact statement. So obviously Judge Snowden's thinking is not shared by all his colleagues.
Even if Judge Snowden refuses to accept the petitions in this case, you should not in any way be discouraged in your letter-writing and petitioning efforts. Your letters and petitions have played an important part. They have helped spread the word to many thousands of people about violence against animals, and raised public consciousness.
The August 3rd sentencing date will be the final court appearance in this case, so please come to court if you can. So far, Voices For Pets has collected 12,000 signatures on petitions. Please send in any signed petitions that have not yet been returned so they can be included with the others.
If you have any questions about this case, please go to our web site and view the complete transcript of the May 17th hearing, as well as all alerts and updates related to Sara's case.
A REMINDER: THE FINAL SENTENCING HEARING FOR MARTIN BERG WILL TAKE PLACE ON FRIDAY, AUGUST 3, 10:00 A.M., IN DEPT. G, NAPA SUPERIOR COURT, 1111 3RD ST., NAPA, CA.
Cris Kelly
Voices For Pets/Napa
925-685-5388
February 2001
Napa, CA
In Napa CA, Sara, an 8-month-old female kitten was beaten, taken from the neighborhood and later set on fire. According to police, Martin Berg, a pizza deliveryman, while making a delivery allegedly struck the kitten with a flashlight, then put the injured cat in his vehicle. Upon reaching his next delivery destination, the suspect removed the injured cat from his vehicle, put lighter fluid on her and lit her on fire
Times-Herald
Friday, February 23, 2001
Napa not smitten on kitten cruelty
Felony charges await 40 year old
By Matthias Gafni
Times-Herald staff writer
NAPA -- In a case that has sparked public outrage, a Napa man charged with beating a kitten with a flashlight and then setting it on fire waived his right to a preliminary hearing Thursday.
Martin Berg, 40, will be arraigned next month in Napa Superior Court on two counts of felony animal cruelty and one count of felony arson. Berg has pleaded not guilty to all the charges. If he's convicted of all three charges, he could face three years and eight months in state prison.
The disturbing nature of the alleged crime has triggered protests in Napa and from animal rights groups. About 50 people shouted angry comments toward Berg when he was initially arraigned on Jan. 30, and there has been tight security and packed courtrooms throughout the trial.
"It's a serious animal abuse case. It's the most serious animal case I've seen," said District Attorney Gary Lieberstein, whose been a prosecutor for 15 years and has chosen to try this case. "Most people have a household animal and they can in some way identify with it."
Lieberstein has received numerous letters from animal rights groups and Napa residents asking for a severe punishment.
Napa attorney Mervin Lernhart, who represents Berg, said he's contemplating asking for a change of venue because of the case's publicity.
" I think this is a serious case of animal abuse, but I think that the charges and positions of the district attorney have been influenced by animal rights groups and has made it political." Lernhart said, "County jail time is appropriate, but not four to five years in prison."
Lernhart said he waived his client's right to a preliminary hearing to avoid further publicity.
"I've got two inches of e-mails and letters and various signings by animal rights groups all urging (Lieberstein) to seek the maximum prison sentence. There are fliers around town urging people to attend the court hearings," Lernhart said.
Public opinion never entered his decisions, Lieberstein said, but the case "from the day it came in called for a serious treatment."
Bail was set at $65,000, which is relatively high. Berg posted a bail bond and remains out of police custody, but with numerous conditions. Among other stipulations, Berg must avoid contact with weapons, alcohol and animals. Berg and his girlfriend had a pet dog and cat that the court ordered into new homes.
The crime occurred the night of Jan. 5 in West Napa. Berg, then a Domino's Pizza delivery man, was walking to a residence on Cooks Court with three pizzas. He spotted Sara, a one-year-old grey-and-white long-haired domestic kitten, and tried to pet her, Lieberstein said.
Berg told police the cat scratched him. Lieberstein said Berg then hit the kitten over the head with a metal flashlight and took the cat with him to his next delivery on Locust Avenue.
Once Berg reached the next customer's house, he tossed the cat from his pizza truck, doused it with charcoal lighter fluid and lit it on fire, Lieberstein said.
"It's pretty gruesome because it took a while from the time he hit the cat and then when he burned the cat. So it seemed like he thought it out," said Cris Kelly, a Napa member of the animal rights group Voices for Pets.
Berg was arrested later that night and soon fired from his job.
Lieberstein said the case against Berg is strong.
"There isn't a lot to dispute that he committed those acts of animal abuse that night, "Lieberstein said. "The evidence that he committed this crime is strong and he did nothing to diminish that evidence."
Lieberstein was alluding to what Berg allegedly told police the night of the crime.
One source said the suspect also allegedly told police that he previously had beaten another cat with a flashlight two weeks before the Jan. 5 incident.
Lieberstein wouldn't comment on that, only saying there was an ongoing investigation and "we have to be certain if there were other acts so that we can see it pursued."
Lernhart would not comment on specifics in the case but said the cat's age, 8 months to 1 year, made it a cat, not a kitten. He added that since the district attorney could not find an owner, it was mostly likely a feral cat.
More so, Lernhart wondered why his client had to be escorted through the back door of a packed courthouse Thursday, while there was a death penalty case down the hall with practically no one in attendance.
"I've never seen a concerted effort to this degree that tried to influence a prosecutor and judicial system, and that strikes me as strange," Lernhart said. "In Napa, it's unusual for the district attorney to come prosecute a case. So let's put that in perspective."
Kelly is simply disgusted.
"It's pretty heinous. It's one of the worst animal cases I've ever heard about," she said. "To set a cat on fire while it's still alive is pretty disturbing. A lot of the community is outraged.
"All I've heard in past animal abuse cases is they sometimes get a slap on the wrist. I'm hoping it doesn't happen this time," Kelly added. "I think he should get prison time. He would get that if he set a human being on fire … someone still suffered."
Kelly said she talked to the veterinarian, Katherine Cornejo, who was called to the scene to treat the kitten.
"She said she saw smoke coming from the body of the cat when she got there. That's an image that's not going to get out of her head for awhile," Kelly said. "What she told me was the cat was still alive but she had to euthanize it because it was in a lot of pain."
Cornejo's office answering machine said she was away for the week.
No owner has come forward to claim ownership of the cat.
Berg will be arraigned March 13 at 8:30 a.m. in Napa Superior Court Commissioner Michael Williams' courtroom.
***
Response from Voices For Pets
Dear Editor,
I am responding to Attorney Mervin Lernhart who represents Martin Berg, the man arrested for beating a cat with a metal flashlight, pouring lighter fluid on her and lighting her on fire.
Attorney Lernhart says since no owner has been found it was most likely a feral cat. Is Attorney Lernhart implying that it is okay to beat and set fire to a homeless cat, or is he trying to devalue the life of the victim?
Attorney Lernhart complained about the e-mails and letters by individuals and animal rights groups, all urging the District Attorney to seek the maximum prison sentence. Lernhart said, "there are fliers around town urging people to attend the court hearings. I've never seen a concerted effort to this degree that tried to influence a prosecutor and judicial system, and that strikes me as strange." Maybe Attorney Lernhart has never heard of 'Mothers Against Drunk Drivers' or 'Parents of Murdered Children' or the many other victims' organizations. Today cruelty to animals is where domestic violence was twenty years ago, when the police did not want to get involved and no one did jail time.
Attorney Lernhart said the cat's age, 8 months to 1 year, made it a cat, not a kitten. That is equivalent to saying that 12-year-old Polly Klaas was a woman, not a child.
Richard Allen Davis' family told of his killing neighborhood pets. But they were only animals and nobody took it seriously. Had it been taken very seriously, Polly might be a young woman today with children and pets of her own.
There are monsters in this world. On October 1, 1993, a 12-year-old child, Polly Klaas, met her monster, Richard Allen Davis. On January 5, 2001, a 1-year-old cat, Sara, met Martin Berg.
Leroy Moyer
Director, Voices For Pets
March 8, 2001
On January 5, 2001, in Napa CA, Sara, an 8-month-old female kitten was beaten, taken from the neighborhood and later set on fire. According to police, Martin Berg (photo at right), a pizza deliveryman, while making a delivery allegedly struck the kitten with a flashlight, then put the injured cat in his vehicle. Upon reaching his next delivery destination, the suspect removed the injured cat from his vehicle, put lighter fluid on her and lit her on fire. The suspect then left in his vehicle. An unidentified witness called a veterinarian, who was unable to save the kitten. The kitty was still alive, the vet said, "she was in so much distress". She called the crime "an atrocity".
Witnesses told police they saw the deliveryman leave the residence. Officers arrested him shortly after the incident at the pizza parlor. "We found evidence in his truck and arrested him" the Officer said. Evidence found included an animal trap, can of charcoal lighter fluid, a bloodied flashlight and animal fur on the floorboard, the report said.
Berg, who has been free since posting $65,000 bail on January 6, 2001, has told investigators he wanted to get even with Sara and wanted her to suffer for trying to scratch him. He also admitted to police a prior incident of beating a cat to death with a flashlight.
Berg has been charged with two counts of animal cruelty and one count of arson.
There are two things you can do to help:
1. Martin Berg's arraignment hearing is scheduled for Tuesday, March 13th, at 8:30 a.m., at the Napa Superior Court, 1111 Third Street (New Courthouse), Napa, Department E, 2nd Floor. Please attend this hearing if you are able to. Our presence does make a difference.2. Please print, sign and circulate the petition to the Napa County District Attorney, Gary Lieberstein, to prosecute Martin Berg to the fullest extend the law allows. We ask that no plea bargain be allowed that does not include a felony conviction and prison time. We further recommend that on sentencing day the Judge consider the degree of violence of this crime and the danger the suspect presents to our communities.
3/21/01
Napa Cat Abuse Case Trial Set for May 7, 2001
On March 13, 2001, an arraignment for Martin Berg (photo at right) was held in the Superior Courthouse in Napa, California. Mr. Berg pleaded not guilty to two counts of felony animal cruelty and one count of arson.
On January 5, 2001, 40-year-old Martin Berg, then a pizza delivery person, was arrested in Napa for allegedly beating Sara, a female kitten, and later, while she was still alive, setting fire to her. Police found an animal trap, a can of lighter fluid, a bloodied flashlight and animal fur on the floorboard of Berg's vehicle. The police report states "the suspect struck a cat over the head with a flashlight. The suspect then put the cat in his vehicle. Upon reaching his next destination . . . the suspect put lighter fluid on the cat and lit the cat on fire. Suspect also admitted to a prior incident whereas he beat a cat with a flashlight." Berg told police he wanted to get even with Sara for trying to scratch him.
Berg's trial date has been set for May 7, 2001, at 8:30 a.m. Prior to the trial, there will be two additional court appearances: A status conference on April 3, 2001 at 8:30 a.m., and a readiness hearing on April 30 at 1:30 p.m. All three will be held in the New Courthouse, 1111 Third Street, Department E, in Napa.
The pretrial dates (April 3 and April 30) are times we could find out about a plea bargain.
If you haven't already done so and would like to, you can contact the Napa County D.A. and thank him for his support in prosecuting this case. Please ask him, if there is a plea bargain, to have the charges remain felonies, and to include the maximum prison time:
Gary Lieberstein
Napa County District Attorney
931 Parkway Mall
Napa, CA 94558
Phone: 707-253-4211
Fax: 707-253-4041
So, we do have a trial date, and although this may change, we know we have at least until May 7 to get signatures on our petitions. If you need additional petitions, you can make copies, or they can be downloaded by clicking here.
Please forward your petitions to Voices For Pets as they become filled with signatures, but you can keep collecting signatures on additional petitions until at least May 7.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
April 20, 2001
THERE HAS BEEN A PLEA BARGAIN
Defendant Martin Berg, accused of beating and setting fire to a female kitten, Sara, on Jan. 5, 2001, in Napa CA, has accepted a plea bargain by Napa District Attorney Gary Lieberstein. Berg had been arrested and charged with 2 counts of animal cruelty and one count of arson. He had been released on $65,000 bail but as of March 25 has been held in Napa County Jail because his bond was pulled when it was discovered that his collateral (a trailer) had recently been sold. On April 11, Berg waived his right to a trial and entered a new plea of "no contest" to 2 counts of felony animal cruelty. Part of the plea bargain includes a guarantee that the felony charges will be kept felony charges - they cannot be reduced at any time. Berg also gave up the right to any future appeal. The arson charge was dismissed because the "owner" of the cat could not be found. In California, to prove arson the crime must be done to property. It would have taken an "owner" to consider Sara, the kitten, as property.
Currently, Martin Berg is in the Napa County Jail and will remain there until May 17th, during which time he will be evaluated by the county. He is scheduled for a probation report and sentencing on May 17th. However, our information is that he will not be sentenced at that time but will rather be sent to San Quentin Prison for an up-to-90-day psychological evaluation (which could take as little as 30 days). After the San Quentin evaluation, he will be returned to Napa County for formal sentencing. All petitions will be presented to the judge. Berg's sentence could be: 1) straight probation, 2) probation and up to one year in County Jail, or 3) up to 3 years and 8 months in State Prison. He could also face a fine of up to $20,000 per felony count. Our best estimate is that Berg's formal sentencing will take place approximately June 15th.
Berg’s crime against Sara happened the evening of January 5, 2001, while he, a 40-year old pizza deliveryman, was on his delivery route. According to the police report, Berg, while making a delivery, struck the kitten with a flashlight, then put the injured cat, Sara, in his vehicle. Upon reaching his next delivery destination, Berg removed Sara from his truck, put lighter fluid on her and lit her on fire. He then left in his truck. A veterinarian was called, but she was unable to save the kitten. "The kitty was still alive," the vet said, "she was in so much distress." Berg was arrested that evening. Police found evidence in his truck, including an animal trap, lighter fluid, a lighter, a bloodied flashlight and animal fur. Berg told investigators he wanted to get even with Sara for trying to scratch him. He also admitted to police to a prior incident of beating a cat to death with a flashlight.
What you can do:
We now have until at least June 15 to circulate petitions. The more signatures we can present to the Judge at sentencing time, the better. Please feel free to photocopy blank petitions, download additional petitions or call Voices for Pets for additional copies: 925-685-5388.
Please mark your calendar as a reminder that all petitions need to be returned to Voices For Pets at the address on the petitions by June 15th.
You can also come to court on Thursday, May 17th at 1:30 p.m.:Napa Superior Court, 1111 3rd Street, Napa, CA, Department G.Thank you all very much for your time and caring.
Cris Kelly - Napa County Director - Voices For Pets
P.O. Box 30836 - Walnut Creek, CA 94598
925-685-5388
July 11, 2001
Sentencing Date Set for Friday, August 3rd at 10:00 a.m. Martin Berg, who in April accepted a plea bargain involving two counts of felony animal cruelty, returned to Napa from San Quentin on Monday June 25th. On June 27, he made a brief appearance in court to schedule his formal sentencing.
Berg, a former pizza deliveryman, had been accused of beating with a metal police-style flashlight and setting fire to a female kitten, Sara, on January 5th of this year. He was originally charged with two counts of animal cruelty and one count of arson. However, the arson charge was dismissed when no owner of Sara could be found. (In California, arson is defined as involving damage to "property," and an owner would have had to be located in order for Sara to be considered "property.")
At a hearing on May 17th, Judge W. Scott Snowden had ordered Berg sent to San Quentin for a period not to exceed 90 days, for diagnosis and evaluation prior to sentencing. The diagnosis and evaluation was to include, as requested by the D.A. and consented to by the judge, "a full diagnostic, which includes the full psychological background as well as the correctional counseling aspect."
The Napa Police Department report of Berg's murder of Sara (case no. 01-000182, dated 1/5/01) is chilling. It includes a statement by the reporting officer that Berg admitted to beating another cat to death two weeks prior to killing Sara. There is also mentioned an incident of another cat being set on fire at the First Baptist Church about 100 yards from Berg's residence. Berg denied responsibility for this, but Animal Services Officer Thomas Scott was to investigate the incident further. However, without an eyewitness, it is unlikely Berg will ever be charged for any of his crimes against other victims.
On the night of Sara's death, when Police took Berg into custody and searched his truck, they found "what appeared to be blood and animal fur on the passenger floor mat," a large metal flashlight, lighter fluid, and Berg's pant's leg was soaked with blood (which Berg admitted was Sara's). Police also found an animal trap in the rear of Berg's truck, which Berg claimed he used in his job as a handyman at the Creekside Apartments---claiming that part of his job was to catch all cats who trespass on the property and take them to the Humane Society. However, he claims that the many cats that he has trapped he has taken to isolated areas and released.
We do not believe that Sara was Berg's only victim.
As tremendously disturbing as this case is, it should be mentioned that a number of individuals in the community, as well as law enforcement officials, have responded with speed and concern. Several witnesses to the events surrounding Sara's death on January 4 acted quickly to try to help Sara and to help police identify and apprehend her killer. One witness attempted to put the fire out by throwing her shirt over Sara. A bucket of water was obtained from a neighbor and thrown over Sara. A veterinarian was called, as well as 911. An attempt, though unsuccessful, was made by one of the witnesses to identify the perpetrator by calling the pizza company he worked for. And all witnesses gave statements to the police, who followed up appropriately and were able to identify and apprehend Berg that same night.
Afterwards, the district attorney did not drop the charges to misdemeanors, as so often happens, but even included in the plea bargain the agreement that the felony charges remain as felonies.
One troubling aspect of the May 17th hearing was the judge's response to receiving letters from the community regarding Berg. Judge Snowden said, "… I've been getting a lot of correspondence directed to the Court and it is, of course, improper for the Court to receive such correspondence. And I understand the passion with which people view certain sorts of cases and the passion with which people view this case, but receiving such correspondence puts the Court in a big -- puts me, as a judge, in a very difficult position. . . . I'm not saying anybody has done anything wrong, by making the effort, but I need to make it clear that it's not proper for me to read or consider such correspondence."
Judge Snowden's comments surprised Voices For Pets, as we have never in the past experienced such a reaction from a judge. In fact, in at least four cases Voices For Pets has responded to, the judges have acknowledged and accepted petitions from Voices For Pets containing many thousands of signatures. In many cases, judges have noted and held up in court letters received from the community before sentencing. In four cases, Voices For Pets has been permitted to make a victim's impact statement. So obviously Judge Snowden's thinking is not shared by all his colleagues.
Even if Judge Snowden refuses to accept the petitions in this case, you should not in any way be discouraged in your letter-writing and petitioning efforts. Your letters and petitions have played an important part. They have helped spread the word to many thousands of people about violence against animals, and raised public consciousness
The August 3rd sentencing date will be the final court appearance in this case, so please come to court if you can. So far, Voices For Pets has collected 12,000 signatures on petitions. Please send in any signed petitions that have not yet been returned so they can be included with the others.
A REMINDER: THE FINAL SENTENCING HEARING FOR MARTIN BERG WILL TAKE PLACE ON FRIDAY, AUGUST 3, 10:00 A.M., IN DEPT. G, NAPA SUPERIOR COURT, 1111 3RD ST., NAPA, CA.
Leroy Moyer, Director
Voices For Pets
P.O. Box 30836
Walnut Creek, CA 94598
925-685-5388
August 1, 2001
Sentencing Date Set for Friday, August 3rd at 10:00 a.m. Martin Berg, who in April accepted a plea bargain involving two counts of felony animal cruelty, returned to Napa from San Quentin on Monday June 25th. On June 27, he made a brief appearance in court to schedule his formal sentencing.
Berg, a former pizza deliveryman, had been accused of beating with a metal police-style flashlight and setting fire to a female kitten, Sara, on January 5th of this year. He was originally charged with two counts of animal cruelty and one count of arson. However, the arson charge was dismissed when no owner of Sara could be found. (In California, arson is defined as involving damage to "property," and an owner would have had to be located in order for Sara to be considered "property.")
At a hearing on May 17th, Judge W. Scott Snowden had ordered Berg sent to San Quentin for a period not to exceed 90 days, for diagnosis and evaluation prior to sentencing. The diagnosis and evaluation was to include, as requested by the D.A. and consented to by the judge, "a full diagnostic, which includes the full psychological background as well as the correctional counseling aspect."
The Napa Police Department report of Berg's murder of Sara (case no. 01-000182, dated 1/5/01) is chilling. It includes a statement by the reporting officer that Berg admitted to beating another cat to death two weeks prior to killing Sara. There is also mentioned an incident of another cat being set on fire at the First Baptist Church about 100 yards from Berg's residence. Berg denied responsibility for this, but Animal Services Officer Thomas Scott was to investigate the incident further. However, without an eyewitness, it is unlikely Berg will ever be charged for any of his crimes against other victims.
On the night of Sara's death, when Police took Berg into custody and searched his truck, they found "what appeared to be blood and animal fur on the passenger floor mat," a large metal flashlight, lighter fluid, and Berg's pant's leg was soaked with blood (which Berg admitted was Sara's). Police also found an animal trap in the rear of Berg's truck, which Berg claimed he used in his job as a handyman at the Creekside Apartments---claiming that part of his job was to catch all cats who trespass on the property and take them to the Humane Society. However, he claims that the many cats that he has trapped he has taken to isolated areas and released.
[Note from Voices For Pets: Although the police report stated Berg claimed his job involved trapping and taking animals to the Humane Society, the Humane Society does not take in surrendered animals--Animal Services does that.]
We do not believe that Sara was Berg's only victim.
As tremendously disturbing as this case is, it should be mentioned that a number of individuals in the community, as well as law enforcement officials, have responded with speed and concern. Several witnesses to the events surrounding Sara's death on January 4 acted quickly to try to help Sara and to help police identify and apprehend her killer. One witness attempted to put the fire out by throwing her shirt over Sara. A bucket of water was obtained from a neighbor and thrown over Sara. A veterinarian was called, as well as 911. An attempt, though unsuccessful, was made by one of the witnesses to identify the perpetrator by calling the pizza company he worked for. And all witnesses gave statements to the police, who followed up appropriately and were able to identify and apprehend Berg that same night.
Afterwards, the district attorney did not drop the charges to misdemeanors, as so often happens, but even included in the plea bargain the agreement that the felony charges remain as felonies.
One troubling aspect of the May 17th hearing was the judge's response to receiving letters from the community regarding Berg. Judge Snowden said, "… I've been getting a lot of correspondence directed to the Court and it is, of course, improper for the Court to receive such correspondence. And I understand the passion with which people view certain sorts of cases and the passion with which people view this case, but receiving such correspondence puts the Court in a big -- puts me, as a judge, in a very difficult position. . . . I'm not saying anybody has done anything wrong, by making the effort, but I need to make it clear that it's not proper for me to read or consider such correspondence."
Judge Snowden's comments surprised Voices For Pets, as we have never in the past experienced such a reaction from a judge. In fact, in at least four cases Voices For Pets has responded to, the judges have acknowledged and accepted petitions from Voices For Pets containing many thousands of signatures. In many cases, judges have noted and held up in court letters received from the community before sentencing. In four cases, Voices For Pets has been permitted to make a victim's impact statement. So obviously Judge Snowden's thinking is not shared by all his colleagues.
Even if Judge Snowden refuses to accept the petitions in this case, you should not in any way be discouraged in your letter-writing and petitioning efforts. Your letters and petitions have played an important part. They have helped spread the word to many thousands of people about violence against animals, and raised public consciousness.
The August 3rd sentencing date will be the final court appearance in this case, so please come to court if you can. So far, Voices For Pets has collected 12,000 signatures on petitions. Please send in any signed petitions that have not yet been returned so they can be included with the others.
If you have any questions about this case, please go to our web site and view the complete transcript of the May 17th hearing, as well as all alerts and updates related to Sara's case.
A REMINDER: THE FINAL SENTENCING HEARING FOR MARTIN BERG WILL TAKE PLACE ON FRIDAY, AUGUST 3, 10:00 A.M., IN DEPT. G, NAPA SUPERIOR COURT, 1111 3RD ST., NAPA, CA.
Cris Kelly
Voices For Pets/Napa
925-685-5388
