M. Christopher Martino, 59, appeared in Madison County Circuit Court for a pretrial hearing in his case involving six charges of owning a vicious dog — each a Class 6 felony.
In March, Martino pleaded not guilty to all the charges, which stem from a July 14, 2014, incident in which a pack of his dogs, Chesapeake Bay Retrievers, allegedly attacked a minor who was swimming in the Robinson River.
Defense attorney Charles Bowman, who took over the case following Samuel Higginbotham II’s retirement, argued that any evidence or statements Annette Dodson, a deputy Madison animal control officer, obtained should be suppressed.
Bowman alleged Officer Dodson violated Martino’s Fourth Amendment rights by going to his home without a warrant.
When Interim Madison County Commonwealth’s Attorney Jim Reid called on her to testify Wednesday, Officer Dodson said Martino at no time asked her to leave when she arrived at his house to inform him of the attack. The spoke on his porch, she testified, although he invited her inside.
In his arguments against Bowman’s motion, Reid said there wasn’t a Fourth Amendment violation because Officer Dodson was there to inform Martino of the attack and verify that his animals were contained, since the animals could have been at large and a danger to the public.
“There was no time for a search warrant,” he said. “She had a duty to the public to ensure there were no further attacks and ensure the animals were pinned up for the safety of the victim. She went there to speak to Mr. Martino. There was nothing she was looking for at the time.”
Circuit Judge Daniel Bouton said there was nothing to show that Officer Dodson conducted any search under the Fourth Amendment. Had she conducted a search, Bouton said, exigent circumstances would have applied since there was urgency and a concern for public safety after the reported attack.
Martino’s bench trial is scheduled for Sept. 16.
His six dogs remain at the Madison County Animal Shelter.
(Daily Progress - July 15, 2015)
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