Pet-Abuse.Com - Animal Abuse Case Details: Dog severely beaten, covered in bleach

Dog severely beaten, covered in bleach
Ithaca, NY (US)

Incident Date: Friday, Mar 9, 2007
County: Tompkins
Local Map: available
Disposition: Convicted
Charges: Felony CTA
Case Images: 1 files available

Abuser/Suspect: Alexander H. Atkind

Case Updates: 9 update(s) available

Case ID: 10952

Classification: Beating, Burning - Caustic Substance

Animal: dog (non pit-bull)

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Abuse was retaliation against animal's bad behavior

A 23-year-old Cornell student from the Boston area, taking care of another person's dog for a night, was charged with beating it and pouring bleach on it, leaving it with diminished eyesight for life, the Ithaca Police Department said.

Alexander H. Atkind, 23, of 710 Stewart Ave., Apt. 8 and of Lexington, Mass., was charged with �overdriving, torturing and injuring animals� in violation of a section of the state Agriculture and Markets law. The offense is a misdemeanor. He was released with a ticket to appear in Ithaca City Court on Wednesday, March 21.

According to an Ithaca police report, the case began when the owner of the dog contacted the police department at 4 a.m. Saturday, March 10. The dog's owner told the investigating officer he'd left his dog, later identified as a black-and-white, 30-pound Labrador-pit bull mix named Princess, in the care of Atkind while spending Thursday night, March 8, at a family member's house.

On Friday, March 9, the dog's owner talked to Atkind on the phone, who said the dog had chewed on a speaker wire Atkind owned. Atkind told the owner he'd beaten Princess, and poured bleach and laundry detergent on her, but the dog was all right. Late Friday, the owner came home and found the dog severely beaten and called police.

The officer found the apartment and kennel area in disarray, with dog food, bleach and detergent spilled. The dog had a laceration 1 inch by 2 inches wide, and some of its skull was showing through, according to the officer's report. He called the Cornell University veterinary hospital and took the dog there for evaluation. The next day, he was told by the attending veterinarian that the dog suffered chemical burns to its face, eyes, back, groin area and paws. It would likely have diminished eyesight the rest of its life, and it had blood in its stool, probably from ingesting some bleach by licking itself.

The officer called Atkind, who admitted beating the dog, and agreed to come talk further at police headquarters, according to the police report. There, he was formally charged but refused to speak further without an attorney present. He was given a ticket for city court and released.

The officer noted in his report that Atkind acted �cocky and arrogant� and �made numerous comments that this incident meant nothing to him, that he would do it again, and that he knows how the criminal justice system works, and guaranteed me the prosecution of this case would result in an ACD in City Court.� The reference is to an �adjournment in contemplation of dismissal,� in which a judge typically tells a defendant to stay out of trouble for a period of time and the case will be dismissed.

The case drew the attention of the Tompkins County SPCA, which sent out a press release saying that, according to a 1997 study done by the Massachusetts SPCA and Northeastern University, animal abusers are five times more likely to commit violent crimes against people and four times more likely to commit property crimes than individuals without a history of animal abuse.

Princess is recovering, and has been treated at the veterinary hospital, according to Tompkins County SPCA Executive Director Abigail Smith. She was heading home with her owner Thursday afternoon, Smith said.

Case Updates

The former Cornell student convicted of felony animal abuse will spend six months in jail for his crime. Since Alexander Atkind is already serving six months in Tioga County jail for drug charges, his time behind bars has doubled.

Alexander Atkind, 23, arrived at court Tuesday already wearing a jail-issued suit. Last month, Atkind pleaded guilty to aggravated cruelty to animals. He admitted to pouring bleach on a dog named Princess and beating her with cord back in March.

Princess spent several weeks at the Cornell Animal Hospital and at the SPCA, where she was treated for deep lacerations and chemical burns.

"This is a huge win for the animals. I think this went from what was originally a misdemeanor to a felony conviction and I think that's great," said Tompkins County SPCA Director Abigail Smith.

The former Cornell student convicted of felony animal abuse will spend six months in jail for his crime. News 10 Now's Giselle Phelps was in Tompkins County Court for the sentencing.

Atkind entered into a plea bargain with the district attorney's office. He was facing up to two years and his attorney says the case against him was strong.

"So making a plea bargain that gave us six months is a victory of sorts in a case like this," said Atkind's Defense Attorney William Sellers.

As part of the deal, Atkind is banned from ever living with or owning animals. He also has to pay the SPCA $5,000 in restitution and serve five years probation after he gets out.

District Attorney Gwen Wilkinson says Atkind needs to make some serious behavior and attitude changes.

"One way to give that a change to happen is to apply for an extended period of supervision with a forced psychiatric evaluation and force him to comply with follow up psychiatric treatment. If that treatment is successful, if he complies with the order then there's a chance that he'll change his ways and wont be a threat to animals or people in the future," Wilkinson said.

Atkind won't start serving this sentence until he's completed the one in Tioga County. As for princess, she is still suffering from her injuries and is currently living in foster care. The SPCA tells says their $5,000 judgement will go toward animal cruelty prevention.

Source: News 10 Now - Oct 16, 2007
Update posted on Oct 16, 2007 - 6:14PM

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Court contact information for this case is as follows:

Tompkins County Courthouse
320 North Tioga Street
Ithaca, NY 14850-4206
County Clerk:
Phone: 607-272-0466
Fax: 607-256-0301

According to the County Clerk:
Alexander H. Atkind pleaded guilty on Monday, September 17, 2007.
He was charged with Class E felony.

Court Date: October 15, 2007 2:45 p.m. Sentencing
Case # 07-0098

Prosecutor:
Gwen Wilkinson, District Attorney
320 North Tioga Street
Ithaca, NY 14850-4206
Phone: 607-274-5461
Fax: 607-274-5429

Judge:
M. John Sherman
P. O. Box 70
Tompkins County Courthouse
320 North Tioga Street
Ithaca, NY 14850-4206
Phone: 607-277-2355
Fax: 607-272-0684

Source: Case # 07-0098
Update posted on Sep 26, 2007 - 12:50AM

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Expressing regret for what he had done, Alexander Atkind pleaded guilty to a felony animal abuse charge in Tompkins County Court today.

In court, Atkind, a former Cornell University student from the Boston area, admitted to most of the allegations underlying the charge, including beating a 30-pound, female Labrador-pit bull mix named Princess which belonged to his roommate, and spraying her with a homemade cleaning solution containing bleach.

The incident occurred on or about March 8, according to court papers.

Originally charged with �overdriving, torturing and injuring animals� in violation of a section of the state Agriculture and Markets Law (AML 353), a misdemeanor, a Tompkins County grand jury on May 8 indicted Atkind on one count of aggravated cruelty to animals (AML 353a), a Class E felony.

In court, Atkind denied Princess was in his care, but said he regretted not taking her to the vet after he injured her.

�I became enraged and lost control of myself,� he said. �I realize I made some bad choices and I truly regret them.� He also conceded that he lost his temper because Princess had damaged speakers and wires.

Atkind is scheduled to be sentenced on Oct. 15. The charge carries a maximum jail term of up to two years, but the district attorney is recommending six months of local incarceration, five years probation, a $5,000 fine, mandatory psychiatric evaluation and recommended treatments. Atkind must agree not own, care for or reside in a home with pets of any kind.

The recommended sentence would run concurrent with the six-month sentence Atkind is serving in the Tioga County Jail for fourth-degree criminal possession of a controlled substance.

Source: The Ithaca Journal - Sept 17, 2007
Update posted on Sep 17, 2007 - 8:58PM

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Calling the statute he's charged under "unconstitutionally void for vagueness," the counsel assigned to defend accused dog-abuser Alexander Atkind has filed a motion to have the indictment against Atkind dismissed.

The motion, filed by William P. Sellers IV, also reiterates defense claims that Atkind told police about the dog's injuries and was assaulted by the dog owner, and lays out a timeline alleging that Atkind tried to help the dog after hurting it, the dog owner neglected the dog by waiting more than 26 hours before telling police about its injuries and that the owner lied to police about when he learned of the dog's injuries.

On or about March 8, Atkind, a Cornell University student from the Boston area, allegedly beat a 30-pound Labrador-pit bull mix named Princess that was in his care. He also allegedly poured bleach on her, leaving her with diminished eyesight for life.
Originally charged with "overdriving, torturing and injuring animals" in violation of a section of the state Agriculture and Markets Law (AML 353), a misdemeanor, a Tompkins County grand jury on May 8 indicted Atkind on one count of aggravated cruelty to animals (AML 353a), a Class E felony.

After traveling from his home in Massachusetts, Atkind pleaded innocent to the charge at his arraignment on May 16.

Atkind "knowingly or unlawfully, and with no justifiable purpose, intentionally caused serious physical injury to a companion animal with aggravated cruelty, to wit: defendant beat a pet dog, poured an injurious substance or substances on the dog, which caused the dog to experience extreme pain, and permanent or protracted injury," the indictment reads in part.

In the motion, Sellers contends that the phrase "justifiable purpose" � which mirrors the language of the statute � is "insufficiently specific, unconstitutionally over-broad, and void for vagueness as applied to these facts."

"What constitutes �no justifiable purpose' is not defined in the statute," Sellers continues in his motion. "Obviously, if the act countenanced in (the indictment) must be done �without a justifiable purpose' logically, a �justifiable purpose' for doing such an act must exist in order for there to be a lack of one."

Two New York courts held the misdemeanor version of the law, which contains nearly identical language, as unconstitutionally void, Seller goes on to say in the motion.

The motion admits Atkind � "in a fit of anger" � poked Princess with the "plastic-threaded end of a mop handle," threw salsa, dog food, and liquid detergent into Princess' cage and sprayed "home-made cleaning agent containing Clorox bleach," into the cage because the dog had caused "extensive damage" to expensive speakers and wires.

Because he was remorseful, Atkind filled a 30-gallon plastic container with water and washed the dog in an attempt to remove the substances and reported his actions to Ithaca Police to gain protection from the dog owner, the motion says.

Ithaca Police, the motion says, told Atkind it wasn't their job to protect him and encouraged him to tell the owner, who was staying with his girlfriend, about Princess' injuries.

At about 2 p.m. March 8, Atkind and the owner met, the motion claims, and the owner struck Atkind in the mouth � chipping his tooth and cutting his lip � when he heard about Princess' injuries.

Atkind contacted Ithaca Police about the alleged assault and was told to contact the Tompkins County Sheriff's Office because it had occurred outside Ithaca.

Later that day, while Atkind was giving a report to a sheriff's deputy, the owner called Atkind and convinced him not to press charges against him, the motion says.

The owner, according to the motion, told Atkind he should not have "disciplined" Princess but brought her to him instead and he would have beaten her severely "as he had a week before, when the dog had chewed the defendant's Bose sound-suppressing headphones."

The motion also claims the owner asked Atkind several times on March 8 and again on March 9 to feed Princess because he wouldn't be home to do it.

According to the timeline, the owner returned home at about 4 a.m. on March 10 � "36 hours after (the owner) had learned that his dog was �badly injured,'" and reported the injuries to the Ithaca Police. The motion alleges the owner lied to police about when he learned of Princess' injuries, telling them he learned of the injuries the afternoon of March 9, not March 8.

Calling the statement false and perjurious, the motion claims the owner lied to "conceal his own culpability and responsibility for neglecting his own dog and negligently prolonging the advent of the animal's treatment."

According to police reports, the investigation into the incident began on March 10, and Atkind was charged on March 11.

Saying these issues are before the court and that's where she plans to argue them, Tompkins County District Attorney Gwen Wilkinson declined to comment.

Source: The Ithaca Journal - July 6, 2007
Update posted on Jul 10, 2007 - 6:58AM

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The Cornell student accused of animal abuse has entered a not guilty plea. Alexander Atkind was arraigned in Tompkins County Court Wednesday. Atkind faces one felony charge of aggravated cruelty to animals. A grand jury handed up the indictment last week.

"We just arraigned him on the indictment, which gives the county jurisdiction on the case. We're facing a pretrial conference in two weeks and a motion date on July 2nd. So, we have a long way to go on the road to a trial, but we are headed in that direction," Tompkins County District Attorney Gwen Wilkinson said.

"I think that all the facts in the case have not yet been revealed, and there's some interesting questions that I think are yet to be answered. One being why the owner of this dog allowed this dog to remain with an apparent toxic substance in his eyes for an excess of 24 hours without bringing the dog for treatment at Cornell," Atkind�s attorney Will Sellers said.

Police say Atkind poured bleach on a dog that he was watching back in March. Atkind is currently free on $20,000 cash bail.

Source: News 10 Now - May 18, 2007
Update posted on May 18, 2007 - 3:19PM

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Alexander Atkind has been indicted on felony animal-cruelty charges, the Tompkins County District Attorney�s office announced on May 8.

The indictment, handed up by a Tompkins County grand jury, accuses Atkind of one count of aggravated cruelty to animals, the statement said.

On or about March 8, Atkind, a Cornell University student from the Boston area, allegedly abused a dog � a black-and-white, 30-pound Labrador-pit bull mix named Princess � which was in his care. Atkind allegedly beat the dog and poured bleach on it, leaving it with diminished eyesight for life.

�The prosecution alleges Atkind inflicted injuries on the dog that have caused permanent or long-term injury,� the statement said.

He was originally charged with "overdriving, torturing and injuring animals" in violation of a section of the state Agriculture and Markets law, a misdemeanor.

On March 17, deputies investigating a car accident in Nichols found "hallucinogenic mushrooms" in Atkind�s possession, Tioga County Sheriff's officials said. He was charged with third-degree criminal possession of a controlled substance, a Class B felony, and remanded to Tioga County Jail on $5,000 bail.

At Atkind's arraignment on the misdemeanor charge in Ithaca City Court on March 23, Tompkins County District Attorney Gwen Wilkinson was granted a 30-day adjournment to present a charge of aggravated cruelty to animals � a Class E felony � against Atkind to a grand jury.

Citing the expectation of the felony charge being filed and Atkind�s �tenuous connection with Ithaca,� Judge Judith Rossiter set Atkind's bail at $20,000.

After he posted $5,000 bail in Tioga County on April 5, Atkind was transferred to Tompkins County Jail, where he remains on $20,000 bail.

If convicted, Atkind could face a maximum of two years in county jail, Wilkinson said.

Source: The Ithaca Journal
Update posted on May 11, 2007 - 2:47PM

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The animal abuse case of Alexander Atkind �06 is set to move forward today when Tompkins County District Attorney Gwen Wilkinson presents evidence to a grand jury. The grand jury will then decide whether Atkind�s case merits a felony charge.

�It is my opinion that we have sufficient evidence to present to the grand jury for them to make a solid determination of whether a felony charge should be voted,� Wilkinson said.

Atkind, a fifth-year student at Cornell, allegedly beat and poured bleach on Princess, a Labrador-pit bull mix, while he was watching her for the dog�s owner. When the owner returned, he reported the incident to the Ithaca Police.

The responding officer said he found a one to two inch laceration that had exposed the dog�s skull and bleach spilled in the kennel area. The officer brought Princess to Cornell�s veterinary hospital for treatment, where the veterinarian found chemical burns to its face, eyes, back, paws and groin area

Currently Atkind is charged with overdriving, torturing and injuring an animal, a Class A misdemeanor, but the grand jury could find that the case merits the charge of aggravated cruelty to animals, a Class E felony. Atkind would face up to two years in a county jail if charged and subsequently convicted of the felony, up to one year if charged and convicted of the misdemeanor.

The grand jury is an investigative body made up of 23 people. The juror�s identities are kept secret in an attempt to keep them free of outside pressures, and the presentation is closed to the public to protect sensitive information about the accused. The jury will only determine whether there appears to be sufficient evidence to merit a felony charge.

�[The jurors] are not concerned about guilt or innocence,� Wilkinson explained.

After the presentation, it will be at least a week before the jury responds. If the jury finds it necessary, it has the power to demand more information or evidence which will delay any determination.

Wilkinson said that there is some confusion about the possible sentences because this case does not fall under penal law but rather agriculture and markets law.

�He can�t be sent to State prison,� Wilkinson said.

Wilkinson stressed that this case is only at the accusation phase of the judicial process and that Atkind is presumed innocent until proven guilty.

Atkind also faces a Class B felony charge in Tioga County for third-degree possession of a controlled substance after being found with hallucinogenic mushrooms during a separate incident. If convicted, the Class B felony carries a maximum sentence of nine years in prison.

When asked about Atkind, Blaine Freelander, assistant director of Cornell press relations, said that Cornell cannot comment on active cases.

Source: Cornell Sun - May 1, 2007
Update posted on May 1, 2007 - 12:07PM

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Alexander H. Atkind, the 23-year-old Cornell University student from the Boston area accused of beating of a friend's dog, was still in Tioga County Jail Wednesday, a week after he was arrested on drug possession charges, law enforcement officials said.

Atkind, who allegedly beat the dog, leaving it with diminished eyesight for life, and then poured bleach on it, is being held in lieu of $20,000 bail in his animal-abuse case and $5,000 in his Tioga County drug-possession case.

In Ithaca, Atkind is charged with �overdriving, torturing and injuring animals� in violation of a section of the state Agriculture and Markets law, a misdemeanor. In the town of Nichols, Atkind is charged with third-degree criminal possession of a controlled substance, a Class B felony.
Atkind allegedly abused the dog on or about March 8. Then on March 17, deputies investigating a car accident in Nichols found �hallucinogenic mushrooms� in his possession. He was arraigned and remanded to Tioga County Jail on $5,000 bail, Tioga County Sheriff's officials said.

At Atkind's high-profile arraignment on the misdemeanor in Ithaca City Court last Friday, Tompkins County District Attorney Gwen Wilkinson was granted a 30-day adjournment in order to present a charge of aggravated cruelty to animals � a Class E felony � against Atkind to a grand jury.

Citing the expectation of the felony charge being filed and Atkind's �tenuous connection with Ithaca,� Judge Judith Rossiter set Atkind's bail at $20,000.

Atkind is scheduled to appear in Nichols Town Court on April 3 and Ithaca City Court on April 25.

Source: Star-Gazette - March 29, 2007
Update posted on Mar 29, 2007 - 3:16PM

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Tompkins County District Attorney Gwen Wilkinson is seeking felony animal abuse charges against Alexander H. Atkind, the 23-year-old Cornell University senior from the Boston area accused of beating a dog, pouring bleach on her and leaving the animal with diminished eyesight for life.

In order to present the aggravated cruelty to animals charge against Atkind to a grand jury, Wilkinson asked for a 30-day adjournment in the case at Atkind's arraignment on misdemeanor animal abuse charges in Ithaca City Court Friday.

Aggravated cruelty to animals is a Class E felony. �Right now, he is facing the misdemeanor charge in city court, and I've given him notice that I'm taking the case to the grand jury,� Wilkinson said following the arraignment.

New and additional charges are not unusual after a prosecutor has reviewed evidence, Wilkinson said, and in this case, she has more evidence than the Ithaca Police officers who originally cited Atkind on the misdemeanor charge.

Atkind is charged with �overdriving, torturing and injuring animals� in violation of a section of the state Agriculture and Markets law in connection with his alleged abuse of the dog. The offense is a misdemeanor.

According to police reports, the dog's owner left the black-and-white, 30-pound Labrador-pit bull mix named Princess in Atkind's care while spending Thursday night, March 8, at a family member's house.

On March 9, Atkind told the owner over the phone that he'd beaten Princess and poured bleach and laundry detergent on her, but that the dog was all right. The owner came home later that day, found the dog severely beaten and called police.

The apartment and kennel area were in disarray, with dog food, bleach and detergent spilled, according to police. The dog had a laceration 1-inch by 2-inches wide, and some of her skull was showing through, according to the officer's report. He called the Cornell University veterinary hospital and took the dog there for evaluation.

The next day, he was told by the attending veterinarian that the dog suffered chemical burns to her face, eyes, back, groin area and paws. She would likely have diminished eyesight the rest of her life and had blood in her stool, probably from ingesting some bleach by licking herself.

Atkind admitted to beating the dog and agreed to talk further at police headquarters, according to the police report. There, he was formally charged but refused to speak further without an attorney present. He was given a ticket for city court and released.

The officer noted in his report that Atkind acted �cocky and arrogant� and �made numerous comments that this incident meant nothing to him, that he would do it again, and that he knows how the criminal justice system works, and guaranteed me the prosecution of this case would result in an ACD in City Court.�

The reference is to an �adjournment in contemplation of dismissal,� in which a judge typically tells a defendant to stay out of trouble for a period of time and the case will be dismissed.

Ithaca Police transported Atkind to court Friday from Tioga County Jail, where he was being held on $5,000 bail for a third-degree criminal possession charge of a controlled substance.

Deputies investigating a car accident on Saturday found �hallucinogenic mushrooms� in Atkind's possession, Tioga County Sheriff's officials said.

Wearing a jail-issue orange jumpsuit and blue denim jacket, Atkind sat hunched � and alone � over the defense table for most of Friday's proceedings. He seemed a little bewildered, furtively accepting items � including the grand jury notice � that were handed to him.

As she explained his rights to him, Judge Judith Rossiter asked why he hadn't retained an attorney.

Standing at the podium, Atkind replied that he had been trying to retain a lawyer through people on the �outside.� He also told Rossiter he had the financial means to retain one.

In asking for the adjournment, Wilkinson spoke of strong evidence, including medical records, to support the felony charge she would present to the grand jury.

The adjournment request granted, Wilkinson then asked for $25,000 bail. She argued that Atkind posed a flight risk since he isn't from the area, is due to graduate from Cornell in five weeks and is facing a maximum of two years in prison and five years post-release supervision on the potential felony charge.

Citing the expectation of the felony charge being filed and Atkind's �tenuous connection with Ithaca,� Rossiter set Atkind's bail at $20,000.

As Rossiter set the next court date for April 25 and closed the proceedings, Atkind quickly rose, faced about and spoke to his mother � sitting behind him in the court room � in terse, desperate tones.

�Get me out, get me out,� Atkind said, shaking his handcuffed hands. �Today.�

In addition to an unusual complement of Ithaca Police officers in the courtroom, three officers stood by the courthouse exit as police drove Atkind back to jail past media and the few spectators outside.

Abigail Smith, the executive director of the Tompkins County Society for the Prevention of Cruelty to Animals, was among the courtroom spectators. The SPCA housed Princess for a short time, and for Smith, seeing Atkind in court brought home the horror of the incident.

�That was tough,� she said of the courtroom session. �I felt sick. I can't stop seeing Princess and the injuries that I saw previously, first hand. Putting a face to those injuries was difficult to go through.�

Princess has been returned to her owner, Smith said, and showed progress in a follow-up visit to the Cornell University Hospital for Animals Friday. People have contributed enough money to cover her medical expenses to date, she added.

�Princess is going to need ongoing care,� she said. �She already has an appointment for next week. She has a long road of recovery ahead of her.�

Following court Friday, Wilkinson emphasized that Atkind is innocent until proven guilty, adding that the evidence supports the felony charge.

�In order for it to be a felony, the injuries have to be more serious, and the manner they were inflicted has to reflect more cruelty,� she said.

The widely held view that animal abusers escalate to violence against humans had nothing to do with the decision to seek the felony-level charge against, Atkind, Wilkinson said.

�I didn't bring this charge because Atkind may commit future crimes, I brought it because the evidence supports the charge,� she said.

Wilkinson said Atkind's alleged indifference to his crime, as cited in the police report, will only play a part in Atkind's sentencing � and only if he is convicted, she added.

�The focus of the prosecution will be to show his infliction of the injuries was particularly heinous,� she said. �It is not part of the proof to show anything about his attitude about the commission of the crime.�

Wilkinson said she's received dozens of letters about the case from people and animal-interest groups including the Humane Society of the United States.

In a letter to Wilkinson dated March 19, the Humane Society asked Wilkinson to pursue felony animal cruelty charges against Atkind.

�We find Atkind's alleged actions, coupled with his apparent lack of remorse and callous attitude, to be a clear violation of New York's aggravated animal cruelty law,� the society said in a letter to Wilkinson.

Wilkinson said she wasn't aware of the correspondence from people and animal-interest groups until after she examined the evidence, consulted forensic veterinary medicine experts and decided to pursue the felony charge.

�That's when I became convinced we had basis for the felony charge,� she said.

Source: The Ithaca Journal - March 24, 2007
Update posted on Mar 24, 2007 - 2:32PM

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	The Ithaca Journal - March 16, 2007
	News 10 Now - March 16, 2007

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Dog severely beaten, covered in bleachIthaca, NY (US)

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Dog severely beaten, covered in bleach
Ithaca, NY (US)