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Monday, Jul 22, 2013County: Oneida
Alleged: Joseph Sullivan
Case Updates: 1 update(s) available
The son of a judge in Whitestown is dealing with animal cruelty charges after a police officer found him abusing a kitten in a women's bathroom at Gibson Road Park.
A police officer was locking the restroom just after 9 p.m. on July 19 when he found 19-year-old Joseph Sullivan with two small kittens. He had bound the front and back legs of one together with Scotch tape and there was a lighter on the floor. The officer arrested Joseph, who is the son of Daniel Sullivan, a judge in the Town of Whitestown.
"It was tied up with tape and the research they came up with, if you stop the freedom of movement of an animal it is- it fits the torture definition according to the Agriculture and Markets Law," said Chief Donald Wolanin of the Whitestown Police Department.
Daniel Sullivan came to the scene when his son was arrested and took the kittens with him.
"I believe that they are OK. They were given -- taken -- back to where they came from," said Chief Wolanin.
Joseph Sullivan got the kittens off Craigslist. Days after the incident on July 19, he was charged with animal cruelty.
"We have a motion pending before the judge to dismiss this case," said Ricardo Mauro, the attorney for Joseph Sullivan.
Due to the conflict of interest the case has been transferred to the court in the Village of Oriskany. The next court date is set for Oct. 9.
"Torture is the intentional infliction of physical pain, suffering or death to an animal and that didn't happen here. So we believe there's absolutely no merit to these charges," said Mauro.
Daniel Sullivan said because he's a judge he can't comment on the case, but in a phone interview said: "I'll always stand behind my son."
If the motion is denied the case will go to trial. If convicted, Joseph Sullivan could face up to a year in jail.
|Joseph Sullivan, the son of a Whitestown judge, appeared in court Wednesday to hear if a motion to dismiss the case of animal cruelty against him had been granted.|
Outside the court, animal advocates lined up with their hands behind their backs, representing a kitten tied with tape.
"We're not going away. These animals have a voice," they shouted.
In July, the 19-year-old was arrested after a police officer found him with two kittens in the women's bathroom of a Whitestown park on Gibson Road. One kitten's paws were bound with tape and there was a lighter on the floor. He was charged with a misdemeanor of animal cruelty under the Agriculture and Markets law.
Sullivan's attorney, Ricardo Mauro, filed a motion to dismiss the case, saying what Sullivan allegedly did doesn't fit the definition of torture.
There was no decision made on the motion Wednesday and the case was adjourned due to a conflict of interest because Sullivan's father, Daniel Sullivan, is a judge in the town of Whitestown. An assistant district attorney from Onondoga County is now being brought in to prosecute the case, instead of the Oneida County District Attorney. The decision will be delayed so the new prosecutor will have time to become familiar with the case.
The next court case will be on Nov. 13, giving the Onondoga County District Attorney's office over a month to become familiar with the case. The defense will not be required to return to court at that time.
A decision whether or not to grant the motion will be made within fifteen days of Nov. 13. If the motion is granted, the case will be dismissed. If it's denied, the case will proceed.
In court, Sullivan's attorney objected to the delay which the judge quickly denied. In a phone interview, Mauro said he thinks it's fair to delay the case to give the new prosecutor more time.
Many of those animal supporters said they're pleased with the decision to delay the case.
"I'm pleased to know that it didn't just get dropped, isn't getting swept under the rug. There has been a special prosecutor assigned to it. It's been adjourned, but the main thing is it isn't just forgotten," said Linda Glover, an animal supporter.
One of the animal advocates present Wednesday was Edward Schulze, whose stepson found a kitten bound with tape in the same Whitestown park about two weeks before Sullivan was arrested. The kitten was severely injured and spent several weeks recovering at Spring Farm CARES and Village Veterinarian. When the kitten was fully recovered, the Schulze's adopted it into their family and named him Chance. But, they still don't know who abused their kitten.
"This isn't done. Hopefully justice will happen, but this isn't done yet," said Schulze.
The Whitestown police originally ruled out a connection between the two cases, but on Wednesday morning Chief Donald Wolanin said they are starting a second round of interviews with witnesses to see if there is in fact any relation.
|Source: WKTV - Oct 9, 2013 |
Update posted on Oct 9, 2013 - 11:01PM
- Utica OD - Sept 24 2103
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