Sad Animal Cruelty Case

    • Gold Top Dog
    If I had a son who did that...there's not even a slight chance I'd bail him out of jail.
    • Bronze
    Yeah, but the thing is his parents probably are the ones who helped him cultivate his idea of how animals should be treated. I'm sure they're offended about how he's being treated by the system.
    • Gold Top Dog
    If this assault did occur, I can't really blame the owner.  This article has a few places that don't really make sense to me. 
     
    www.theithacajournal.com/apps/pbcs.dll/article?AID=2007705170359
    Attorney: Atkind was assaulted
    Alleged dog-abuser left ‘bloody' by pet's owner
    By Raymond Drumsta, Journal Staff       rdrumsta@ithacajournal.com
    Originally published May 17, 2007  (Thursday) 

    ITHACA — William P. Sellers IV, the attorney for alleged dog-abuser Alexander Atkind, made some allegations of his own following Atkind's arraignment Wednesday, claiming that Atkind was assaulted by the dog's owner after telling him of its injuries.
     
    Sellers also pointed to an unexplained, 24-hour delay by the owner in seeking treatment for the dog.
     
    Atkind pleaded not guilty to felony-level animal cruelty charges in Tompkins County Court Wednesday.
     
    On or about March 8, Atkind, a Cornell University student from the Boston area, allegedly beat a 30-pound Labrador-pit bull mix named Princess that was in his care. He also allegedly poured bleach on it, leaving it with diminished eyesight for life.
     
    Originally charged with “overdriving, torturing and injuring animals” in violation of a section of the state Agriculture and Markets law, a misdemeanor, a Tompkins County grand jury on May 8 indicted Atkind on one count of aggravated cruelty to animals, a Class E felony.
     
    Ithaca City Judge Judith Rossiter set Atkind's bail at $20,000 at his arraignment on the misdemeanor charge in March. Tompkins County District Attorney Gwen Wilkinson was granted a 30-day adjournment to present a charge of felony aggravated cruelty to animals charge against Atkind to a grand jury.
     
    Last Friday, Atkind posted bail and was released. He traveled from his home in Massachusetts for his court appearance Wednesday.
     
    Outside the court Wednesday, Sellers said all the facts of the case haven't been revealed. Princess was never in Atkind's care, Sellers said, presenting a version of the events which conflicts in some respects with the allegations against Atkind.
     
    According to Sellers, Atkind told Ithaca Police about Princess' injuries midday on March 8. He expressed fear of Princess' owner, Sellers said, and sought police protection.
     
    Ithaca Police, Sellers said, told Atkind it wasn't their job to protect him, and encouraged him to tell the owner, who was staying with his girlfriend, about Princess' injuries.
     
    They met later on March 8, Sellers said, and the owner assaulted Atkind.
     
    “His face was bloody,” Sellers said.
     
    Later that day, while Atkind was talking with police, the owner called Atkind and convinced him not to press charges against him, Sellers said. Atkind agreed, and signed a form declining to press charges, Sellers added.
     
    The owner even asked Atkind to feed Princess because he wouldn't be home to do it, Sellers said.
     
    Late in the day on March 9, the owner sought treatment for the dog, and police charged Atkind for allegedly abusing the dog, Sellers said.
     
    According to police reports, the investigation into the incident began on March 10, and Atkind was charged on March 11.
     
    Though he didn't downplay the gravity of the allegations against Atkind, Sellers questioned the 24-hour delay in treatment for Princess, and expressed concern over what he sees as a “lynch-mob mentality where Mr. Atkind is concerned.”
     
    “We're not in Nazi Germany or some totalitarian state, where people are convicted without a trial,” he said, referring to certain elements of the community who have expressed outrage at Atkind's alleged behavior.
     
    “These are the same people who are upset, and perhaps rightly so, about the Patriot Act,” he said. “These are the same people who want to deny Mr. Atkind a fair trial.”
     
    More facts will come out at the trial, Sellers said.
     
    Wilkinson would not comment on whether or not Atkind had custody of Princess.
     
    “We'll put our evidence forward at trial,” she said. “I'm confident that we can find a jury who can be impartial.”
     
    A pre-trial conference is scheduled for May 30. If convicted, Atkind could face a maximum of two years in the county jail.

    • Gold Top Dog
    I found a site that is tracking the Atkind's case:
    www.pet-abuse.com/cases/10952/NY/US

    May 18, 2007

    "We just arraigned him on the indictment, which gives the county jurisdiction on the case. We're facing a pretrial conference in two weeks and a motion date on July 2nd. So, we have a long way to go on the road to a trial, but we are headed in that direction," Tompkins County District Attorney Gwen Wilkinson said.  

    • Gold Top Dog
    The lawyer calls Atkind's actions "a fit of anger".  Sounds like a child's temper tantrum to me.
     
    Supposedly Atkind tried to help the dog after he hurt it - washed it off.  Poor thing was probably crying.  If that is true, the guy at least has a conscience. 

    www.theithacajournal.com/apps/pbcs.dll/article?AID=2007707060350 
     
    Attorney files for dog-abuse case dismissal
    Defense says Princess' owner neglected her
    By Raymond Drumsta     rdrumsta@ithacajournal.com
    Journal Staff
    Originally published July 6, 2007 (Friday)
     
    ITHACA — Calling the statute he's charged under "unconstitutionally void for vagueness,” the counsel assigned to defend accused dog-abuser Alexander Atkind has filed a motion to have the indictment against Atkind dismissed.
     
    The motion, filed by William P. Sellers IV, also reiterates defense claims that Atkind told police about the dog's injuries and was assaulted by the dog owner, and lays out a timeline alleging that Atkind tried to help the dog after hurting it, the dog owner neglected the dog by waiting more than 26 hours before telling police about its injuries and that the owner lied to police about when he learned of the dog's injuries.
     
    On or about March 8, Atkind, a Cornell University student from the Boston area, allegedly beat a 30-pound Labrador-pit bull mix named Princess that was in his care. He also allegedly poured bleach on her, leaving her with diminished eyesight for life.
     
    Originally charged with "overdriving, torturing and injuring animals” in violation of a section of the state Agriculture and Markets Law (AML 353), a misdemeanor, a Tompkins County grand jury on May 8 indicted Atkind on one count of aggravated cruelty to animals (AML 353a), a Class E felony.
     
    After traveling from his home in Massachusetts, Atkind pleaded innocent to the charge at his arraignment on May 16.
     
    Atkind "knowingly or unlawfully, and with no justifiable purpose, intentionally caused serious physical injury to a companion animal with aggravated cruelty, to wit: defendant beat a pet dog, poured an injurious substance or substances on the dog, which caused the dog to experience extreme pain, and permanent or protracted injury,” the indictment reads in part.
     
    In the motion, Sellers contends that the phrase "justifiable purpose” — which mirrors the language of the statute — is "insufficiently specific, unconstitutionally over-broad, and void for vagueness as applied to these facts.”
     
    "What constitutes 'no justifiable purpose' is not defined in the statute,” Sellers continues in his motion. "Obviously, if the act countenanced in (the indictment) must be done 'without a justifiable purpose' logically, a 'justifiable purpose' for doing such an act must exist in order for there to be a lack of one.”
     
    Two New York courts held the misdemeanor version of the law, which contains nearly identical language, as unconstitutionally void, Seller goes on to say in the motion.
     
    The motion admits Atkind — "in a fit of anger” — poked Princess with the "plastic-threaded end of a mop handle,” threw salsa, dog food, and liquid detergent into Princess' cage and sprayed "home-made cleaning agent containing Clorox bleach,” into the cage because the dog had caused "extensive damage” to expensive speakers and wires.
     
    Because he was remorseful, Atkind filled a 30-gallon plastic container with water and washed the dog in an attempt to remove the substances and reported his actions to Ithaca Police to gain protection from the dog owner, the motion says.
     
    Ithaca Police, the motion says, told Atkind it wasn't their job to protect him and encouraged him to tell the owner, who was staying with his girlfriend, about Princess' injuries.
     
    At about 2 p.m. March 8, Atkind and the owner met, the motion claims, and the owner struck Atkind in the mouth — chipping his tooth and cutting his lip — when he heard about Princess' injuries.
     
    Atkind contacted Ithaca Police about the alleged assault and was told to contact the Tompkins County Sheriff's Office because it had occurred outside Ithaca.
     
    Later that day, while Atkind was giving a report to a sheriff's deputy, the owner called Atkind and convinced him not to press charges against him, the motion says.
     
    The owner, according to the motion, told Atkind he should not have "disciplined” Princess but brought her to him instead and he would have beaten her severely "as he had a week before, when the dog had chewed the defendant's Bose sound-suppressing headphones.”
     
    The motion also claims the owner asked Atkind several times on March 8 and again on March 9 to feed Princess because he wouldn't be home to do it.
     
    According to the timeline, the owner returned home at about 4 a.m. on March 10 — "36 hours after (the owner) had learned that his dog was 'badly injured,'” and reported the injuries to the Ithaca Police. The motion alleges the owner lied to police about when he learned of Princess' injuries, telling them he learned of the injuries the afternoon of March 9, not March 8.
     
    Calling the statement false and perjurious, the motion claims the owner lied to "conceal his own culpability and responsibility for neglecting his own dog and negligently prolonging the advent of the animal's treatment.”
     
    According to police reports, the investigation into the incident began on March 10, and Atkind was charged on March 11.
     
    Saying these issues are before the court and that's where she plans to argue them, Tompkins County District Attorney Gwen Wilkinson declined to comment.
    • Gold Top Dog
      What a confusing mess; it's the owner's word against Atkind's. I just hope it gets sorted out and Atkinds gets what he deserves. If the allegations against the owner are true, I hope he faces some penalties too and Princess is taken away from him.
    • Gold Top Dog
    I'm glad to hear that Atkind is behind bars and figure out the rest of this mess up just happy that Princess is no longer sharing that household with that nutcase.  If the owner is also causing abuse to her I hope his dog gets taken away from him and gets a better home.
    • Gold Top Dog

    bluelighting
    I'm glad to hear that Atkind is behind bars 

    No, he is out on bond at this point.
    • Gold Top Dog

    jessies_mom
    What a confusing mess; it's the owner's word against Atkind's.

    Only as far as the timing is concerned.  Atkind admits hurting the dog.  It is possible that the dog's skin didn't start peeling for 24-hrs and that is when the owner realized how serious the injuries were.