Squirrel shot
Oradell, NJ (US)Incident Date: Wednesday, Mar 31, 2004
County: Bergen
Disposition: Dismissed
Person of Interest: Charles May
The dismissal of squirrel-shooting charges against a former Oradell councilman has angered state SPCA officials, who are quarreling with the Bergen County Prosecutor's Office over which agency should enforce animal cruelty laws in the county.
Officials with the state Society for the Prevention of Cruelty to Animals filed a complaint with state Attorney General Peter C. Harvey alleging "prosecutorial indiscretion" regarding the handling of two summonses against former Republican Councilman Charles May for "needlessly killing a squirrel."
"Once again, Bergen County Prosecutor John Molinelli has used the powers of his office to interfere with the enforcement of animal cruelty laws in the county of Bergen," SPCA President Stuart Rhodes said in a news release issued several hours after animal cruelty charges against May were dropped Friday.
"Once again, Prosecutor Molinelli has placed the interest of politics before the interest and welfare of animals."
Molinelli could not speak directly about the complaint because he had not yet seen it. But he asserted that his department acted properly and said he would release a tape today to prove the state SPCA acted improperly.
Assistant Prosecutor Andrew Samson recommended that Central Municipal Court Judge Roy McGeady dismiss two complaints involving an alleged April squirrel shooting by May.
Samson said May's alleged confession was inadmissible because state SPCA officers failed to read May his rights. Samson also accused state SPCA Capt. Frank Rizzo of planning to commit perjury. Samson played a tape Friday for May's attorney and McGeady in which Samson said Rizzo told an Oradell police officer he had not heard May's confession. Rizzo had planned to testify in court that he heard the confession, said Samson.
In court, Judge McGeady said that tape could be interpreted to mean Rizzo may have heard a confession, although he was not present when another SPCA official heard a confession.
The tape will be released to the public today, said Bergen County Assistant Prosecutor Jeff Ziegelheim.
On Monday, Molinelli stood by Samson's actions.
"In the interest of justice, it required a dismissal of the complaint," said Molinelli. "The SPCA does not believe that the Fifth and Sixth Amendment apply to it, and that causes me great concern."
Molinelli said the SPCA's letter to the state attorney general was an attempt to escalate the disagreement between the agencies.
In the letter, a lawyer for the state SPCA maintains that May blurted out a confession to Rizzo and SPCA Lt. Steve Shatkin before he became an official target of their investigation.
The letter also accuses Samson of not sufficiently interviewing SPCA officers about the case.
On Monday, Rhodes said the Bergen County Prosecutor's Office is trying to get animal cruelty charges filed by state SPCA officials dismissed to strengthen its argument that the Bergen County chapter of the SPCA - which has been acting under the Bergen County Prosecutor's Office since May - should handle animal cruelty cases in Bergen County.
The state SPCA revoked the charter of the Bergen County chapter in April and has also been responding to animal cruelty complaints in the county.
"This isn't the first case like this. This is the third or the fourth case," said Rhodes. "They don't want us doing them. We feel this is politically motivated."
A state appeals court is expected to determine this month which agency has ultimate authority for animal cruelty complaints in the county. A hearing on the matter is scheduled for Jan 19, said state SPCA spokesman Matthew Stanton. References« NJ State Animal Cruelty Map
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