Sick dog left to die Stuyvesant, NY (US)Date: Nov 2004 County: Columbia Local Map: available Disposition: Convicted
Abuser/Suspect: Frank Palladino
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Mobile home park owner Frank Palladino was found guilty of animal cruelty last week by a jury of his Stuyvesant neighbors.
A two-day trial that started with jury selection on May 11 ended after a near 12-hour trial with a unanimous finding of guilt from the panel of three women and three men. Mr. Palladino, 48, showed no emotion when the verdict was read.
Mr. Palladino had been charged with animal cruelty last November in connection with the death of his dog, Maggie, a 12-year-old yellow Labrador. The dog was found by Columbia Greene Humane Society President Ron Perez and Investigator Andrea Walker on November 3 under the porch of the Palladino home suffering from a tumor they described as basketball-sized on its abdomen. The tumor had split open and become infected, and the animal had rested in one spot for so long that Ms. Walker testified that she could hear its flesh coming unstuck from the ground as she lifted it. The animal was subsequently euthanized. The trial centered on the issue of the care of a dying animal.
Two veterinarians who testified indicated that the dog was dying from the tumor but that treatment options, such as antibiotics, pain management, surgery and chemotherapy, were available.
Anthony Buono, Mr. Palladino's attorney, said Mr. Palladino was allowing his dog to die a natural death. "We believe that the Palladino family made the right ethical choice to not euthanize their dog and allow her to die a natural death at home," he said following the verdict. He went on to say the ruling "set a dangerous precedent that allows the Humane Society to criminally charge pet owners who choose to not euthanize their terminally ill animals."
The prosecutor in the case, Assistant District Attorney Tracy Lindauer, sought to prove that the neglect of the dog constituted cruelty, an approach Mr. Perez agreed with.
Key to the case was the issue of whether Mr. Palladino provided the dog with food and water as she lay dying. Mr. Perez says the dog had no food or water and that the animal was dehydrated when found. Mr. Buono says there is ample evidence to the contrary.
Following the reading of the verdict, Ms Lindauer asked that Mr. Palladino be remanded to jail.
Stuyvesant Judge Joseph Bruno agreed with that assessment, releasing Mr. Palladino. He also agreed with Mr. Buono's request that a sentencing date be set that would allow time for the county Probation Department to prepare a pre-sentencing report. Sentencing has been set for August 3. Mr. Palladino could face up to a year in jail, although he could be sentenced to up to three years probation and a fine of $1,000.
Asked if he would appeal the verdict, Mr. Buono said he would wait until after sentencing to decide whether to pursue that course. Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
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