Kristina and Douglas Panattieri, along with their attorney Richard Bruce Rosenthal, insist that administrative courts and the Department of Health are denying Cesar "certain minimal due-process rights," the Post reports.
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| Kristina and Douglas Panattieri |
“New York state law requires certain minimal due-process rights that the city simply ignores,” Rosenthal — known as “The Dog Lawyer” — explained. “The state requires that the city prove their case by clear and convincing evidence.”
Note: Richard Bruce Rosenthal is an attorney who works with the Lexus Project, a group of attorneys who bury jurisdictions in legal paperwork in attempts to keep them from euthanizing vicious dogs, including dogs which have killed children (see links at the bottom of the page).
In May, the 70-pound pit bull reportedly escaped from the Panattieri's New Dorp backyard and seized upon a Chihuahua that was being walked by its 77-year-old owner Eugene Charles.
The tabloid reports that Cesar "ripped apart" the small dog, who was named Charlie, and when the elderly man attempted to free it from the pit bull's jaws he suffered 18 puncture wounds to his hands.
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| Eugene Charles of Grant City sustained wounds after his dog was mauled to death by a pit bull. (Staten Island Advance/Anthony DePrimo) |
"My poor little guy. [The pit bull] was thrashing Charlie back and forth like he was a rag doll," Charles told the Daily News. "He just ripped Charlie apart."
Speaking with the Post, Rosenthal argued that Cesar bit Charles's hands because he was "provoked," and that the courts that advise the DoH on which dangerous dogs should be put down operates under a "guilty unless proven innocent" mentality.
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| RIP Charlie |
“The bottom line is they want to kill him without a fair hearing,” Rosenthal said.
City records show that a year before Cesar killed the small Chihuahua he had broken into a yard and attacked and killed a Maltese.
And before mauling the little Maltese to death in its own yard, the pit bull attacked a 30 year-old woman and killed her cat, according to the city.
The Panattieris blame the Chihuahua and the cat for their own deaths — and say the 77-year-old man was bitten by his own small dog. As for the Maltese, they say it was unleashed and "ran at" their pit bull.
“The dog was provoked!” Rosenthal huffed.
However, they admit that the pit bull's ability to escape their backyard led to the death of Charlie the chihuahua.
According to the Panattieris' suit, the pit bull is being held at the New York City Animal Care and Control Shelter. City lawyers have filed a petition against Cesar, claiming that his repeated killings confirm that he's a dangerous dog that must be euthanized.
Dr. Peter Borchelt, an animal behaviorist who has observed Cesar, recommended to the News that he be put down. Borchelt describes Cesar as "very reactive" around other dogs in the shelter.
In June, DoH lawyer Christina King wrote that Borchelt "believes that his predatory behavior will be extremely difficulty to modify and any effort to do so would involve too high a risk of legal liability."
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| Charlie |
A Manhattan Supreme Court hearing will determine Cesar's fate on August 15th. Rosenthal told the News that the dog's owners have offered to keep him muzzled and harnessed when he leaves their home and put him through "Canine Good Citizen" training.
Why didn't they do this in 2010 when their pit bull mauled a poor cat to death? Why didn't they do this in 2015 when their dog got loose and mauled a poor Maltese to death in its own yard?
“The [pit bull] is like a child to them,” the lawyer added. “What they’re going through is absolutely horrible. Kristina is distraught.”
No remorse though for the cat and its owner. No remorse for the Maltese and its owner. No remorse for Mr. and Mrs. Eugene and Charlie...
(Gothamist - Aug 3, 2016)
Earlier:
- New York: Man, 77, details harrowing pit bull attack that killed beloved Chihuahua
- New York: Runaway pit bull fatally mauls Chihuahua, bites 77-year-old owner's arm in Staten Island
Related Lexus Project stories:
- Nevada Supreme Court will determine the fate of a 120-pound dog that fatally mauled a 1-year-old boy
- Texas dumping their problems on to California. At least the next victim of this pit bull will be able to collect from the new owner, millionaire Cesar Milan
- Lexus Project bullies Nevada into handing over vicious pit bulls... coming to your town soon!
- Connecticut: This is what happens when you hand over a vicious pit bull to the Lexus Project. They take the dog, come back later and sue you in federal court over it.
- Texas: Fort Worth couple wants their aggressive pit bulls back
- Everyone outside of Chatham County, GA, beware!
- Georgia: Couple Fights City Hall to Save Their Vicious American Bulldog
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