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Case #10937 Rating: 2.7 out of 5
Pit bull neglect, unlicensed kennel
Vineland, NJ (US)Incident Date: Monday, Mar 12, 2007
County: Cumberland
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Richard Cotto
Case Updates: 5 update(s) available
A city police officer is facing charges of animal neglect for the second time in four months.
Richard Cotto received the summons and a notification from the chief of police of an impending unpaid suspension because of the alleged violation when he returned to work March 12 night.
Cotto also faces allegations he does not have the proper licenses from the city for a pit bull breeding operation at his home on South Brewster Road.
In November 1999, Cotto was fined $250 in municipal court for failing to provide proper shelter. Last December, he was fined $250 on the same charge and another $250 for failure to provide sustenance.
"This is the third time we're dealing with him," Society for the Prevention of Cruelty to Animals Director Bev Greco said. "There's no question that he knows what's required."
The dogs have not been confiscated in any of the cases because the offense did not rise to that level of violation.
The animals, Greco said, would have to "be in immediate need of veterinary care or some such thing to seize them."
Greco said she hopes the third time is a charm: "We're hoping this time, with the zoning, license and inspections people involved, between our two agencies, if nothing else, to reduce his numbers," Greco said.
The city's Department of Licenses and Inspections issued Cotto a summons on March 12 for operating an illegal kennel, according to L&I Director Michael Cifaloglio. A city ordinance requires a kennel license for those who have more than five dogs.
Cotto was suspended for an undisclosed period by Chief Timothy Codispoti following the December fine. Codispoti indicated he intends to issue another suspension to Cotto, who has been on the force for two years, but he declined to indicate the duration.
"It will be longer than the previous one," the chief said. "This is not a criminal offense, but police officers are held to a higher standard. The rules here do not allow for someone to bring disparagement on the department."
Cifaloglio said Cotto received a "notice of violation" last year, but was not required to appear in court because the city's animal control officer reported that he removed most of the dogs from his property.
"It appears that the same violation has surfaced again," Cifaloglio said.
Greco said Cotto breeds and sells pit bulls and at last count had 11 adults and three puppies on his South Brewster Road property.
The summons charges that he kept three adult dogs in large, blue plastic trash barrels instead of approved dog houses.
"Dog houses have to be large enough for the animal to stand and turn around, and must be on a platform off of the ground," Greco said.
If convicted of the latest charge, Cotto could be fined $250 to $1,000. No court date is listed on the summons, signed by an SPCA investigator and delivered to Cotto by the Police Department's internal affairs lieutenant.
Under department and union rules, Cotto has five days to accept the suspension or ask for a departmental hearing. Officers may appeal the outcome of any departmental hearing all the way to the state Supreme Court.
Case UpdatesOn June 29, 2007, Judge David Krell fined Richard Cotto $500 and ordered the police officer to reduce the number of dogs on his property to a maximum of five.
Cotto, who joined the police force two years ago, was fined twice previously on the same charge.
In November 1999, Cotto was fined $250 in Municipal Court for failing to provide proper shelter. In December 2006, he was fined $250 on the same charge and an additional $250 for failure to provide sustenance.
In March, the Cumberland County Society for the Prevention of Cruelty to Animals signed a civil complaint against Cotto, alleging he kept three adult dogs in large, blue plastic trash barrels instead of proper doghouses.
At the time, Cotto had 11 adult pit bulls and three puppies on his property.
The animals were not seized because to do that, the dogs would have to "be in immediate need of veterinary care," SPCA Director Bev Greco said previously.
Under questioning by his attorney, Stuart J. Alterman, Cotto admitted he kept the dogs in the trash barrels.
"You understand the plastic barrels were not good enough?" Alterman asked.
"Yes," Cotto replied.
Greco said doghouses have to be large enough for the animal to stand and turn around, and must be on a platform.
Vineland Police Lt. Robert Romano, the department's internal affairs officer, said Cotto was told when cited previously that the plastic barrels were not suitable shelter.
"He knew specifically those barrels were not allowed by state law," Romano said.
Cotto was suspended for one day without pay following the December 2006 charges, said Police Chief Timothy Codispoti.
On March 12, 2007, Codispoti moved to suspend Cotto again without pay following the latest charge.
Cotto declined to accept the suspension and requested a departmental hearing under police and civil service regulations. The hearing will be held 7 p.m. Aug. 29 before Public Safety Director James Larro.
"This is really something, unhappily, that has gone on for years," Codispoti said of Cotto's violations. "That's why the police department is concerned about it."
Cotto has been out on disability since injuring his left arm and hand while trying to arrest a suspect earlier this month, according to Codispoti.
After he pleaded guilty, Cotto wept as he sat on a bench in the courthouse lobby.
Cotto said he has three adult dogs and three puppies on his property, and that the rest were placed with friends.
Judge Krell ordered Cotto to provide the SPCA the names and addresses of the dogs' current owners. The SPCA will continue to monitor the dogs on Cotto's property, Greco said.
"We've dealt with Officer Cotto before," she said. "He has not shown that even though he knows the law, that he will comply with the law." | Source: The Daily Journal - Jun 30, 2007
Update posted on Jul 9, 2007 - 1:43PM |
Judge David Krell is scheduled to hear charges of animal neglect against a city police officer during a special session of Municipal Court on June 29.
The accused officer, Richard Cotto, remains on duty. His attorney, Stu Alterman of Cherry Hill, has requested that a departmental hearing be postponed until after Krell makes a ruling.
I've granted that request," Public Safety Director James Larro said Friday.
Cotto was cited for animal neglect in March, the second time in four months the Cumberland County Society for the Prevention of Cruelty to Animals signed complaints against him.
Police Chief Timothy Codispoti issued an undisclosed order of suspension without pay March 12. Cotto declined to accept the suspension and requested a departmental hearing under police and civil service regulations.
Codispoti suspended Cotto for an undisclosed period last December when he was fined for a similar offense.
Cotto also was fined in 1999 for failure to provide proper shelter for pit bull dogs he keeps at his South Brewster Road home.
The chief declined to reveal the duration of his latest suspension order.
"This is in the director's hands," Codispoti said Friday, adding that "more information may be forthcoming" after the municipal court and departmental hearings are concluded.
Larro said he did not know the length of the latest suspension order.
"I don't want to hear anything from either side before a departmental hearing," Larro said. "This way it's a fresh start and I can make a fair ruling."
Bev Greco, director of the SPCA, said Cotto is currently in compliance with regulations for the care and feeding of dogs.
"SPCA investigators and the city's animal control officer have been monitoring the property," she said.
Alterman has entered a not-guilty plea to the latest charge of failure to provide adequate shelter for pit bulls. | Source: The Daily Journal - May 28, 2007
Update posted on May 30, 2007 - 11:09PM |
The attorney representing a police officer charged with failure to provide shelter for pit bulls entered a not guilty plea on his client's behalf, and said he would defend the officer in any forthcoming administrative and municipal court hearing.
Stuart Alterman of Cherry Hill has entered a not guilty plea to Richard Cotto's municipal summons, which will be heard by presiding judge David Krell. No date has been set for the hearing.
Cotto, a two-year veteran, apparently has requested a formal departmental hearing instead of accepting a suspension order issued by Chief Timothy Codispoti last month. Union and Civil Service rules allow Cotto to appeal any decision resulting from the hearing in court.
Public Safety Director James Larro is the designated hearing officer under police department rules.
"This seems to be a lot about nothing," Alterman said Thursday. "This individual has sufficient property to house dogs and he believes they are housed properly. The root of the problem may be that someone doesn't like him or someone doesn't like police."
Chief Timothy Codispoti could not be reached for comment Thursday morning. The chief suspended Cotto for an undisclosed period last year after he was fined in municipal court for failure to provide adequate shelter and sustenance for dogs.
Local attorney Edward Duffy will act as prosecutor when Judge Krell hears the latest charge against the officer. Krell is to schedule a management conference before a court date is set.
Alterman said Thursday he has not been notified of a conference date. | Source: The Daily Journal - April 13, 2007
Update posted on Apr 16, 2007 - 12:09AM |
A presiding judge will meet with an attorney representing Vineland police officer Richard Cotto and a special prosecutor before setting a date and location for a hearing on charges of animal neglect against the two-year police veteran.
Carole Cummings, Municipal Division manager, said presiding Judge David Krell has been assigned to hear the case because Judge Jose Velez recused himself. Krell sits in several municipal courts in Cumberland and Salem Counties.
"Judge Krell will hold a management conference between the prosecutor and defense attorney before actually scheduling a hearing," Cummings said.
The conference could be held in the next couple of weeks. Local attorney Edward Duffy has been appointed by the city to act as prosecutor.
Cotto was issued summonses for failure to provide adequate shelter for pit bulls he keeps at his South Brewster Road home last month. He was also cited by city inspectors for not having a license for a pit bull breeding operation.
Cotto was fined last December for failure to provide adequate shelter and sustenance for dogs and was suspended by Chief Timothy Codispoti for an undisclosed period.
Codispoti issued another suspension order when Cotto was cited again last month but the chief has declined to reveal the length of the suspension.
It remains unclear if Cotto accepted the suspension or requested a formal departmental hearing. He is entitled to appeal the result of the hearing in court.
Cotto's attorney, Stuart Alterman could not be reached for comment Wednesday morning. | Source: The Daily Journal - April 12, 2007
Update posted on Apr 12, 2007 - 10:40AM |
Judge Jose Velez has recused himself from an animal neglect case involving a police officer, and the hearing will be held in a court outside of the city.
The specific reason Velez won't hear the complaint is unclear, but municipal judges routinely refer cases involving city employees to the Municipal Court Division of Superior Court for reassignment to avoid even an appearance of a conflict.
Carole Cummings, administrator of the Municipal Division, said Wednesday her office received the case Monday for consideration.
Officer Richard Cotto, a two-year veteran, received summonses from the SPCA last week charging him with not providing adequate shelter for pit bulls he keeps at his South Brewster Road home. Cotto has been cited twice since 1999 for similar violations.
He also was cited by city inspectors for failure to have a license for a pit bull breeding operation.
"Judges recuse themselves for a number of reasons," said Cummings, whose office has not yet reviewed the Cotto case.
"Reassignments are made in cases that involve court employees and elected officials. Judge Velez previously served as a public defender and that might have been a factor in the request for reassignment to avoid the appearance of any impropriety."
Cummings said the case would be reassigned to one of the 45 municipal courts in the division that includes Cumberland, Salem and Gloucester counties.
Cotto was served the summonses and a notice of suspension without pay from Chief Timothy Codispoti on March 12.
Codispoti, who suspended Cotto for an undisclosed period last December after Cotto was fined for failure to provide adequate shelter and sustenance for dogs, declined comment.
It was unclear how long the latest suspension order is or whether Cotto accepted it. Union and Civil Service rules allow him to request a departmental hearing. The results of the hearing may be appealed in court. | Source: The Daily Journal - March 23, 2007
Update posted on Mar 24, 2007 - 8:18PM |
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