A handful of supporters joined Jack’s owner in the front row of Oneida County Court Friday morning, anxious to hear whether Judge Michael L. Dwyer would spare Jack’s life by voiding a lower judge’s order to have him euthanized as a “dangerous dog.”
Instead, they heard Dwyer say only a few words to postpone his ruling for two weeks until Friday, July 12.
While Jack’s owner, Natalie Beratta, didn’t get any answer yet either way, Dwyer’s request for suggestions from the attorneys for any possible alternatives to euthanization at least offers some indication that Jack’s death is not a foregone conclusion.
In April, New Hartford town Judge James Van Slyke ordered Jack to be euthanized as a “dangerous dog” after he bit Beratta’s young granddaughter in the face. Jack has been held at the Stevens-Swan Humane Society ever since.
But Jack’s euthanization has been on hold since Beratta appealed the ruling, arguing that nobody saw what might have provoked the dog’s bite and that the town judge hadn’t seen enough evidence to make such a drastic decision.
Here are Dwyer’s options: He can uphold Van Slyke’s order to euthanize Jack, he can vacate the order, or he can modify the order so an alternative measure is taken to spare the dog’s life while also considering public safety.
Beratta’s attorneys are arguing that the euthanization order should either be cancelled or modified, and Beratta has previously said that Jack’s breeder has offered to have Jack live on her rural property, away from children.
Beratta declined to comment after the brief proceeding, but one of her attorneys spoke what will come next.
“I’m confident he’ll do what he feels is right,” attorney Nicholas Passalacqua said about the judge. “He would like recommendations for alternative dispositions if he feels that euthanization is not appropriate.”
While New Hartford’s town attorney, Herb Cully, has not yet offered any alternatives of his own, he said he plans to talk with the Town Board at their next meeting to see whether they’d like to suggest any other options.
“I would assume it’s pretty much in Judge Dwyer’s hands whether he wants to entertain any alternative sentencing recommendation that he gets from the Berattas,” Cully said.
Two of the people who showed up for Friday’s proceeding were Natalie Massita and Virginia Yeomans, both board members of the Herkimer County Humane Society.
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| State Assemblywoman Claudia Tenney, R-New Hartford, kneels down to pet Jack, a Shetland sheepdog, during a May 14 visit at the Stevens-Swan Humane Society, where Jack is being housed until an Oneida County Court judge decides whether to reverse a New Hartford town judge's order to euthanize Jack after he bit his owner's 2-year-old granddaughter. |
“We certainly are animal welfare activists, and I think the case with Jack can have an alternative ending,” Massita said. “There are other options.”
Whatever Dwyer decides, both the Berattas and the town will still have another opportunity to appeal the ruling to an even higher court if they choose.
(Utica Observer Dispatch - June 28, 2013)
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