Rather than having Kevin Pierce and Courtney Cotter make a plea, the court decided to put the proceedings on hold while the department of probation conducts an investigation into the defendants’ mental health. In the meantime the couple is permitted to keep two of their dogs and one cat; the other animals have been surrendered to the Tompkins County SPCA.
Before they were charged in November for the hoarding situation at their home at 308 Cole Circle, Pierce and Cotter were brought up on charges for having 98 animals at a residence in Brooktondale in 2010.
Most of the charges were dismissed, and they were allowed to keep a limited number of pets while keeping the SPCA abreast of their current address for three years so they could be monitored, said Jim Bouderau, executive director of the Tompkins County SPCA.
He said that after three years they were no longer required to report their whereabouts, which appears to be when the hoarding started all over again at their new home in Newfield.
Over the course of several years the situation in the three-bedroom mobile home allegedly escalated until the couple owned 30 animals, including eight cats, 15 dogs, rabbits and a chinchilla. When SPCA investigators searched the house in November they also found two dead animals inside the home.
According to court documents, there was no food visible for the dogs and cats and a bowl that contained only one quarter cup of water. Pierce and Cotter appeared in court back in December, and each pleaded not guilty to 30 charges of misdemeanor animal cruelty and misdemeanor animal neglect, both of which carry a maximum penalty of one year in prison and $1,000 in fines. Justice William Chernish did not require bail.
The couple was required to appear in court weeks later to answer to felony charges with the assistant district attorney present. As soon as Eliza Filipowski, assistant district attorney, entered the courtroom and the proceedings began, the couple’s defense lawyers asked for a meeting in chambers because they wished to discuss matters involving mental health issues.
Because there is not a separate room for chambers in the Newfield Town Courthouse, Newfield Justice William Chernish said everyone would have to leave the courtroom. The attorneys asked Chernish to allow family members of the defendants to stay, and Fillipowski asked that her two witnesses, both employees of Tompkins County Animal Control, remain in the courtroom as well.
Chernish agreed with the defense that “freedom of the press does not trump privacy rights in terms of mental issues,” but he ordered that everyone other than Pierce and his attorney James Hickey and Cotter and her attorney Alan Hayes leave the courtroom.
In the hallway outside the courtroom, a small group of Cotter’s family members and friends waited. “It would be nice if the press would understand that she’s been blind since birth and was premature,” said one family member who asked not to be named. “She has been up against a lot in her life.”
OK, so if you care so much about her, why didn't you stop her? Why didn't you make her get mental health counseling? Do you think it was healthy for her to be living in a feces, urine, ammonia-filled home with all of these animals? It's all fine and good that you're bawling for her now after she's been charged - AGAIN - but you're an enabler and just as responsible so shut up.
Cotter, who was led in and out of the courtroom on Pierce’s arm, broke down crying several times during the proceedings.
After about 10 minutes Chernish reopened the courtroom to the public. “The court has agreed to, and the parties involved have agreed to participate in, a pre-plea agreement with the department of probation to determine what might be an appropriate course of action before they plead guilty or not guilty to these charges,” said Chernish, adding that the couple had just agreed to surrender a puppy, one of the few animals not already surrendered to the Tompkins SPCA. They signed the puppy over in front of the court.
“They now agree that they have three animals in their possession: one cat, one dog in Cotter’s possession and one dog in Pierce’s possession, and for now the court will permit them to remain,” said the justice. He added that Pierce and Cotter have also agreed to have the dogs evaluated to determine their qualifications as service dogs.
Chernish said he expected all parties to corporate fully so that the pre-plea investigation could be completed in a timely manner and all parties would have time to receive a copy of the report and review it by the time they meet next, on March 17, and “possibly get a plea at that point and move forward.”
“You are not allowed to acquire new animals between now and then,” Chernish said.
Dan Collins and Joe Hoffer of Tompkins County Animal Control said they were not required to be at the hearing but “their interest is such that they decided to attend,” according Hoffer. “We’re hopeful that the court can come up with a means of controlling and ultimately preventing this situation from occurring in the future,” he said.
(Ithaca.com - Jan 25, 2016)
Earlier:
No comments:
Post a Comment