GREENE – A second decision rendered Monday by a Greene judge has reduced the number of charges against a 56-year-old Brooklyn man from whom 76 dogs were seized in October.
In the ruling, Town of Greene Justice Dante Acunto “dismissed without prejudice” 77 of the pending criminal charges against Steven W. Fong. The decision was made in response to a motion filed Nov. 4 by attorney Scott Clippinger in November on Fong’s behalf.
Fong was arrested on Oct. 13, one day after Chenango County Sheriff’s Deputies executed a search warrant on a property he owned in the Town of Oxford. The warrant resulted in the seizure of 76 Pomeranians, which were brought to the Chenango County SPCA for medical attention and care. The remains of 38 additional dogs were also taken into evidence at that time.
The charges dropped included 76 counts of failure to provide for an impounded animal and one count of false impersonation. Acunto denied Clippinger’s motion to dismiss the 38 counts of cruelty to animals related to the remains of the dead dogs.
Not addressed by Acunto’s latest ruling is an additional count of cruelty to animals brought against Fong for the 76 Pomeranians. Fong was arraigned on the additional charge on Dec. 8 in the Town of Oxford Judge John Weidman. The action was the last taken by Weidman before he asked to be recused from the case.
District Attorney Joseph McBride has made clear his intention of prosecuting Fong on the remaining charges.
“The cruelty counts are still alive and well against the defendant,” McBride said in a phone interview yesterday.
The district attorney did not comment on his strategy going forward, other than to say that the one charge of animal cruelty for all 76 dogs, “may be broken up into 76 counts, depending how we choose to proceed.”
The decision is no doubt seen as a victory for Fong and his legal counsel, especially as it follows on the coattails of Acunto’s Friday ruling. The order, issued on Friday, attempts to vacate the Oct. 28 order by Judge Weidman which transferred ownership of the animals to the SPCA after Fong failed to post a $65,465 security bond with the court.
Clippinger fought unsuccessfully to have Weidman’s ruling overturned with the State Supreme Court, and has since filed a notice of appeal with Chenango County Court.
“I don’t know why they were adopted out,” Clippinger said. “If all of these charges are dismissed against Steven Fong, his property has to be returned to him.”
Michael Ferrarese, who represents the SPCA on a pro bono basis, defended his client’s rights to find homes for the animals.
“There is no stay in effect,” said Ferrarese, a partner with Lee, Emerson and Ferrarese of Norwich.
“Any order issued by the current justice handling the criminal matter does not have any binding effect on the SPCA because we became the lawful owners of these dogs pursuant to statute in November of last year. We are adopting out the dogs as appropriate homes become available.”
Ferrarese maintained that neither he nor the SPCA has been served a copy of Judge Acunto’s rulings, and does not anticipate being served with those orders as the animal cruelty organization in “not a party in the criminal case.”
Clippinger plans to fight the remaining cruelty charges against his client partially on the grounds that the evidence of the alleged cruelty has been destroyed by the SPCA. Carol Hedlund, executive director of the SPCA, has previously reported the remains of the 38 deceased animals were cremated because they posed a public health risk.
“That’s the same evidence apparently that they are using to support the cruelty charges,” stated Clippinger. “Then the question becomes where is the evidence of cruelty.”
In an interview yesterday, Clippinger also revealed that he had been notified by the district attorney’s office that a pit bull taken into custody at the time of Fong’s arrest had been put to sleep. Clippinger had been trying to arrange for the return of the dog, or an opportunity for Fong to see the animal, when he learned the news.
“I thought it would be open and shut,” said Clippinger. “(The pit bull) wasn’t being held as evidence; it wasn’t seized as part of the search warrant.”
Clippinger said the news came as a blow to his client, who had “rescued the dog from the streets of New York.”
“This is a guy who cares deeply for his animals,” the attorney said.
According to Ferrarese, “The SPCA was forced to make a very difficult decision to euthanize the animal” near the end of November after the dog exhibited aggressive behavior toward shelter staff and volunteers.