The investigation stems from a complaint sent to the board from a lawyer representing the mother of the victim.
In the letter, attorney Timothy Birmingham said Dawn Hebert-Miller’s son was attacked and bitten by Milo, a dog owned by Michael and Virginia Bailey, on Jan. 3.
The injuries to the boy’s face and elsewhere on his body were so severe, the complaint says, the boy required 400 stitches to his face and needed further surgery and ongoing treatment.
Although the dog has been confined to his home, selectmen said they were outraged they were powerless to protect the public immediately from a potentially dangerous dog.
“This is a pretty vicious attack. It’s almost a public safety issue,” selectman Doug Annino said.
But Chairman Olivier Kozlowski, an attorney, said a family pet is considered a possession and the law protects the rights of the dog owner. Unlike the recent case of shelter pit bull, Rocco, that was euthanized on orders from Animal Control officer Jeff Collins, a private dog is deemed property and cannot be seized without due process, he said.
Selectman Jess Aptowitz said, “The process is wrong.
“It’s about people and people count first,” he said.
After Collins completes his investigation, the board may call a public hearing under the town’s vicious dog statute to determine its fate.
If they conclude Milo is “vicious,” they may order it put down. His owners may appeal the decision in court.
The last time the board was faced with a vicious dog complaint in 2011, they reluctantly ordered a 2-year old German shepherd euthanized. A judge later reprieved Nicco, who had savagely attacked a bicyclist, and the dog was sent out of state for retraining.
(wickedlocal.com - Jan 17, 2013)
