Legal arguments continue over fate of Pomeranians
NORWICH – The 76 Pomeranians adopted out by the SPCA over the last four months will stay with their new families, according to a ruling made Wednesday by Chenango County Supreme Court Judge Kevin M. Dowd.
The decision came after a hearing described by Assistant District Attorney Steve Dunshee as “yet another episode in the continuing saga” of the Steven W. Fong case.
Fong is the Brooklyn man from whom Chenango County Sheriff’s deputies seized 76 dogs and the remains of 38 additional animals on Oct. 12. The Pomeranians became the property of the SPCA in November, as a result of an order issued by Town of Oxford Justice John Weidman in the civil proceeding brought against Fong by the shelter.
Weidman recused himself from the criminal case against Fong in December, at which point it was reassigned to Greene Town Justice Dante Acunto.
One of Acunto’s first actions in the case was to issue an order on Jan. 9 which attempted to vacate Weidman’s decision in the civil suit. According to Dunshee, this ruling “has upset the whole apple cart,” and left the dogs’ new owners in a state of “horrible limbo.”
Dowd issued a temporary stay and a notice to show cause on Acunto’s order last week and called for Dunshee and Fong’s legal counsel, attorney Scott Clippinger, to appear before his court.
The issue at hand was whether Acunto had the authority to vacate the order of another judge in a civil matter which he had not been assigned.
District Attorney Joseph McBride called the Greene judge’s actions “unlawful” and contrary to the “most basic fundamentals of justice.”
The matter is causing uncertainty in the community and “people to lose their faith in the justice system,” he added.
While Dowd agreed with Clippinger that the statutory law which allows property to be forfeited before the outcome of the criminal trial is an issue that concerns the court, he maintained that the “law in the case is Judge Weidman’s ruling” and “that decision stands.”
“He (Acunto) made an order when he had no authority to make that order,” said Dowd. According to the judge, the Greene justice was only assigned the criminal matter as the civil proceedings had been concluded when Weidman recused himself.
Dunshee rejected Clippinger’s claims that sufficient evidence had not been presented before Weidman in the Oct. 28 civil proceedings for the judge to render a decision.
“Judge, I don’t want to use the ‘L’ word. ... That’s a falsehood,” Dunshee said, calling the opposing counsel’s claims “form over substance” and accusing him of “pandering to the court.”
Clippinger continued to argue for his client, claiming the dogs should have never been turned over to the SPCA as they were evidence in the case.
“What Mr. Clippinger is doing is attempting to circumvent the Ag & Market Law,” objected Dunshee.
When Clippinger raised questions about evidence which had been destroyed in the case, specifically the cremation of the remains of the deceased animals recovered from Fong’s property, Dowd cut him off.
“That’s the argument in the criminal issue; that’s not what is before me today,” said Dowd.
Clippinger also questioned Weidman’s original jurisdiction in the case, as the amount of the security bond was in excess of $65,000, well over the $3,000 limit of small claims cases handled at the town level.
“This is not a claim; this is a security,” Dowd stated. “I don’t think the $65,000 is a jurisdictional issue. ...There was a legitimate forfeiture of the animals.”
“I’m going to continue the stay,” ruled Dowd. The judge also said he would prompt Acunto to return an appeal filed by Dunshee on or about Feb. 10. The assistant district attorney had expressed concern that more than 20 days had elapsed since he had filed the motion with no response from the Greene town justice.
Dowd said he would handle that appeal when it reached his court, as Chenango County Court Judge Howard Sullivan has recused himself from the case. Sullivan’s daughter, Courtney, serves on the SPCA’s board of directors and was involved with the seizure of the animals.
Attorney Michael Ferrarese, who represents the SPCA on a pro bono basis, said his client was relieved by Dowd’s decision.
“It was confirmed that there was a lawful forfeiture of the dogs to the SPCA and that the civil proceedings were ended before the case was transferred. It’s a relief,” Ferrarese said.
Fong is scheduled to appear on the criminal charges against him at 5 p.m. tonight in the Town of Greene Court.
The decision came after a hearing described by Assistant District Attorney Steve Dunshee as “yet another episode in the continuing saga” of the Steven W. Fong case.
Fong is the Brooklyn man from whom Chenango County Sheriff’s deputies seized 76 dogs and the remains of 38 additional animals on Oct. 12. The Pomeranians became the property of the SPCA in November, as a result of an order issued by Town of Oxford Justice John Weidman in the civil proceeding brought against Fong by the shelter.
Weidman recused himself from the criminal case against Fong in December, at which point it was reassigned to Greene Town Justice Dante Acunto.
One of Acunto’s first actions in the case was to issue an order on Jan. 9 which attempted to vacate Weidman’s decision in the civil suit. According to Dunshee, this ruling “has upset the whole apple cart,” and left the dogs’ new owners in a state of “horrible limbo.”
Dowd issued a temporary stay and a notice to show cause on Acunto’s order last week and called for Dunshee and Fong’s legal counsel, attorney Scott Clippinger, to appear before his court.
The issue at hand was whether Acunto had the authority to vacate the order of another judge in a civil matter which he had not been assigned.
District Attorney Joseph McBride called the Greene judge’s actions “unlawful” and contrary to the “most basic fundamentals of justice.”
The matter is causing uncertainty in the community and “people to lose their faith in the justice system,” he added.
While Dowd agreed with Clippinger that the statutory law which allows property to be forfeited before the outcome of the criminal trial is an issue that concerns the court, he maintained that the “law in the case is Judge Weidman’s ruling” and “that decision stands.”
“He (Acunto) made an order when he had no authority to make that order,” said Dowd. According to the judge, the Greene justice was only assigned the criminal matter as the civil proceedings had been concluded when Weidman recused himself.
Dunshee rejected Clippinger’s claims that sufficient evidence had not been presented before Weidman in the Oct. 28 civil proceedings for the judge to render a decision.
“Judge, I don’t want to use the ‘L’ word. ... That’s a falsehood,” Dunshee said, calling the opposing counsel’s claims “form over substance” and accusing him of “pandering to the court.”
Clippinger continued to argue for his client, claiming the dogs should have never been turned over to the SPCA as they were evidence in the case.
“What Mr. Clippinger is doing is attempting to circumvent the Ag & Market Law,” objected Dunshee.
When Clippinger raised questions about evidence which had been destroyed in the case, specifically the cremation of the remains of the deceased animals recovered from Fong’s property, Dowd cut him off.
“That’s the argument in the criminal issue; that’s not what is before me today,” said Dowd.
Clippinger also questioned Weidman’s original jurisdiction in the case, as the amount of the security bond was in excess of $65,000, well over the $3,000 limit of small claims cases handled at the town level.
“This is not a claim; this is a security,” Dowd stated. “I don’t think the $65,000 is a jurisdictional issue. ...There was a legitimate forfeiture of the animals.”
“I’m going to continue the stay,” ruled Dowd. The judge also said he would prompt Acunto to return an appeal filed by Dunshee on or about Feb. 10. The assistant district attorney had expressed concern that more than 20 days had elapsed since he had filed the motion with no response from the Greene town justice.
Dowd said he would handle that appeal when it reached his court, as Chenango County Court Judge Howard Sullivan has recused himself from the case. Sullivan’s daughter, Courtney, serves on the SPCA’s board of directors and was involved with the seizure of the animals.
Attorney Michael Ferrarese, who represents the SPCA on a pro bono basis, said his client was relieved by Dowd’s decision.
“It was confirmed that there was a lawful forfeiture of the dogs to the SPCA and that the civil proceedings were ended before the case was transferred. It’s a relief,” Ferrarese said.
Fong is scheduled to appear on the criminal charges against him at 5 p.m. tonight in the Town of Greene Court.
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