CITY AGENCY TRIES TO GET PAL'S OWNER PROSECUTED.

Byline: Rick Orlov Daily News Staff Writer

To city Animal Services officials, Avis Wilkinson is not the victim whose beloved 5-year-old male pug named Pal was killed. They say she's a criminal who was cruel to the dog by not seeking care for him quickly.

The department announced Friday that it is certain Pal was killed by a coyote and said an animal-cruelty complaint was being sought against Wilkinson and her daughter, Carol Johnson, for waiting seven hours before seeking treatment for Pal, who died last month after being partially skinned.

But incredulous officials in the City Attorney's Office refused Friday to charge the 84-year-old Encino woman, whose sight and vision are impaired, with anything. They sent the case back to the Animal Services Department.

``When this came in, it was met with some disbelief,'' said one official in the City Attorney's Office. ``How can you charge this woman with anything?''

And Councilman Nate Holden, who has disputed the continued contention that the dog was slain by a coyote rather than skinned by a human, said the Animal Service Department's request for charges was itself cruel.

``This is human cruelty,'' Holden said. ``I'm not sure any of us have faith in this department any more. We need someone independent to come in and look at what's going on here.''

Animal Services spokesman Peter Persic defended the department's actions.

``The department and members of the humane community were very concerned that this dog was found in the morning - at 7 in the morning - and not transported to a veterinary facility until 2 p.m.,'' Persic said.

``We would hope anyone who owns a pet has the ability to care for it in a responsible way,'' he said. ``If a person is not capable of caring for the pet, they should have a neighbor, friend or relative involved. Owning a pet is a responsibility.''

Persic said neither Wilkinson nor her daughter has cooperated with the department. ``That's been the frustrating part of this investigation,'' he said.

Wilkinson - who, after Pal died, was given an 18-month-old pug puppy she named Jill - was unaware Animal Services officials were seeking to charge her with a crime.

``I don't know what to think of that,'' Wilkinson said. ``I just loved that dog. He had never been out before, and I still just don't know how this could happen.''

Her daughter did not immediately return phone calls Friday.

Pal was found cowering in the bushes at Wilkinson's home April 8, with part of his hide missing - a wound some veterinarians believe indicates he was attacked with a knife.

Through Holden's urging, a reward of $26,000, including private donations and $5,000 in city funds, is being offered for information leading to the arrest and conviction of those responsible for the dog's death.

Richard Schmidt, supervising attorney in the city attorney's Van Nuys office, said there was no evidence of criminal intent by Wilkinson to allow the animal to suffer.

``To expect that an individual in Mrs. Wilkinson's condition, and acting under the strain of such a brutal event, could have done any more to seek assistance for her pet than she did would be unrealistic,'' Schmidt wrote.

``It would also cruelly compound the pain of what must be for Mrs. Wilkinson and her family a terrible tragedy,'' he added about the proposal to file charges.

Madeline Bernstein, executive director of the Society for the Prevention of Cruelty to Animals, said she believes a complete review of the department is needed, especially of its attempt to have Wilkinson prosecuted and of its insistence that Pal was killed by a coyote.

``I really think it's time to demand a complete overhaul of the department,'' Bernstein said. ``I don't understand why it has reached such epic proportions.''

Animal Services officials released a new set of reports on necropsies - similar to autopsies conducted on humans - as they again asserted that Pal had been killed by a coyote.

Dena Mangiamele, the city's top veterinarian, said Pal had several bite marks on his neck and other indications, bruising and wound marks, indicating the 35-pound dog was attacked by a coyote.

The officials also released photos and a necropsy report on Tootsie, a poodle that was killed last week by a coyote and which had similar wounds, including partial skinning.

Also, Richard Felosky, a lieutenant in the Animal Services agency, said there was evidence of coyote droppings in front of the Wilkinson home.

``I feel personally, from my experience, 99.9 percent sure that it was a coyote,'' Felosky said.

But Bernstein said the SPCA remains convinced Pal's death was the result of a human attack.

``The cuts were too clean,'' Bernstein said. ``The pelt was removed very symmetrically, with no chewing. There also were punch marks and grab marks that could have involved two people.''

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Photo: ``I just loved that dog. He had never been out before, and I still just don't know how this could happen.''

- Avis Wilkenson