Case Snapshot
Case ID: 17084
Classification: Beating
Animal: dog (non pit-bull)
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Abuse was retaliation against animal's bad behavior
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Attorneys/Judges
Defense(s): Thomas Waldron
Judge(s): Timothy Bibaud, John M. Payne Jr


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Tuesday, Dec 7, 2010

County: Hampden

Charges: Felony CTA
Disposition: Dismissed (Conditional)
Case Images: 1 files available

Person of Interest: Nicholas A. Franklin

Case Updates: 1 update(s) available

A 22-year-old Palmer man was released on his own recognizance after his Palmer District Court arraignment on Friday after he allegedly hurt his girlfriend's chihuahua after it bit him.

The animal cruelty charge against Nicholas A. Franklin, of 68 Mount Dumplin Road, was brought by the Massachusetts Society for the Prevention of Cruelty to Animals after the 1-year-old male chihuahua named Brodie was brought by his owner Meghan Laviolette of Thorndike to Noah's Ark Animal Hospital on Dec. 7.

MSPCA law enforcement officer Christine Allenberg said the dog is alive and is being treated at MSPCA's Angell Medical Center in Boston.

An innocent plea was entered on Franklin's behalf before Judge Timothy Bibaud. Thomas Waldron was appointed as Franklin's lawyer.

Details of the case were not read in court.

However, Allenberg's report included in the court file stated that the chihuahua was "very severely beaten and close to death" when he arrived at the animal hospital, and that he had numerous abrasions, head trauma, broken ribs and a low, almost freezing body temperature. She investigated along with Palmer Police Officer Kenneth G. White, whose report also was included in the file.

Allenberg's report stated that Laviolette was visibly upset and crying when she brought the dog in, and that she found it lying in its crate when she got home from work. The report stated that Franklin called Laviolette to tell her what happened.

Franklin's statement included in the court file said that the dog began defecating inside the house so Franklin brought it outside and was bitten in the finger as he attempted to put a leash on it.

Franklin told the law enforcement officials that the dog would not let go, so he shook him off and "threw him to the ground" onto the paved stairs off the porch. He stated that after he brought the dog onto the porch he realized how badly hurt the dog was, and attempted to keep him warm.

Laviolette told police that the dog had growled and bitten Franklin a few times in the seven months they were dating, and couldn't believe the incident really happened. She relinquished custody of Brodie to the MSPCA as she said she could not afford the treatment.

Allenberg, who attended the arraignment, said she thought the dog was going to die when she saw it.

An animal cruelty charge is a felony and carries a maximum penalty of five years in prison and/or a fine of up to $5,000.


Case Updates

A 23-year-old Palmer man had an animal cruelty charge continued without a finding in Springfield District Court recently.

Nicholas Franklin, of Mt. Dumplin Road, admitted to sufficient facts and the case was continued without a finding to Oct. 9, which means the charge will be dismissed after that date if he faces no further problems that will land him in court.

Judge John M. Payne Jr. ordered Franklin not to reside with any animals and be evaluated for anger management, according to his court file.

Franklin was charged by the Massachusetts Society for the Prevention of Cruelty to Animals last year after his girlfriend's 1-year-old chihuahua bit him and he allegedly hurt it.

The MSPCA officer's report included in the court file stated the dog had broken ribs and head trauma. Palmer police also investigated.
Source: masslive.com - Dec 23, 2011
Update posted on Dec 23, 2011 - 9:40PM 

References

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