Rodriguez was ordered by a municipal court judge (on Feb 17, 2005) to undergo a psychiatric evaluation before he is tried on the charges in municipal court next month. He agreed to submit to the evaluation March 3 by Francoise Jacques, who is affiliated with the Raritan Bay Mental Health Center in Perth Amboy.
Judge Emery Toth placed his order on the record at a conference where he also set March 31 as a trial date for Rodriguez, who is charged with six counts of animal cruelty by the New Jersey Society for the Prevention of Cruelty to Animals.

The organization, which is considered a law enforcement agency, filed the charges on behalf of Maritza Rosario, whose 5-year-old Rottweiler, Precious, was allegedly assaulted several times by Rodriguez last year.

Allen Papp, who will prosecute the case for the city, told the judge at yesterday's court session that Rodriguez is also the subject of an investigation by the state Division of Youth and Family Services.

Rodriguez lived with his wife and two young children in a house with property that abuts Rosario's back yard. After his arrest on the animal cruelty charges in late December, Rodriguez and his wife separated and he is now living with relatives, according to one of his attorneys.

After filing the charges against him, the NJSPCA referred the case to DYFS for examination because of the presence of the two young children in Rodriguez's home.

Andy Williams, a spokesman for DYFS, acknowledged the agency received the referral, but said he couldn't "discuss what we're doing."

However, he added, "Typically, we would look at that kind of situation and want to make sure that the children are safe."

The complaints charged Rodriguez with abusing a living animal, causing the act to be done, inflicting unnecessary cruelty on a living animal, and torture and torment of a living animal. If convicted, Rodriguez could face fines of $6,000, up to six months in jail and 30 days of community service.

Rosario has been in court five times trying to keep Rodriguez away from her dog, even obtaining a restraining order from Toth, but Rodriguez, who is 6-foot-1 and 200 pounds, was caught by police in Rosario's back yard on Dec. 19, allegedly standing behind the dog with his pants down. The police officers called the NJSPCA.

Rosario was not present in court yesterday, but she has said on previous occasions that she keeps her dog inside now at night.

Source: The Star-Ledger - Feb 18, 2005

Rodriguez has been ordered to turn over his passport and allow the home where he is living to be inspected for animals before his trial on animal-cruelty charges gets under way.

Rodriguez stood before Municipal Court Judge Emery Toth yesterday morning as the judge set up a schedule for the case, which has been before the court for several months. Rodriguez failed to attend last week's court session.

The parties are expected back in court in two weeks for a status conference, and Toth said a trial date would be set for about 30 days after the conference.

"The nature of the case cries out for expeditious adjudication," said Toth, who barred Rodriguez from having any contact with the dog's owner.

Represented by David Bennett, a lawyer from Jay Nash's firm in Perth Amboy, Rodriguez listened to a Spanish interpreter as the judge ordered him to surrender his passport and also allow the New Jersey Society for the Prevention of Cruelty to Animals to inspect the home where he is staying for the presence of animals. Officials said Rodriguez is no longer living on State Street.

"No problem" Rodriguez said in English when asked about surrendering his passport.

Toth ordered a police escort to follow him to the home, get the passport and bring it back to the court.

"The court will hold the passport," Toth said.

Lazaro Bernavon, a sergeant with the state SPCA, had made the requests.

"We had received rumors from the community he had the idea to leave the country and go back to the Dominican Republic," Bernavon said afterward.

The passport was seized by police yesterday, according to police Capt. E.J. McDonald.

Bennett said he has no problem allowing his client's dwelling to be inspected for animals.

Rodriguez was caught sodomizing Rosario's dog on Dec. 19 in a State Street back yard, authorities have said. Following an investigation, he was charged by the SPCA with tormenting a living animal by sodomy, inflicting unusual cruelty to a living animal through sodomy, abusing a living animal, causing the act to be done and inflicting unnecessary cruelty to a living animal. He also faces trespassing charges brought by Rosario.

Bennett, whose office was recently hired to represent Rodriguez, indicated his client was in a counseling program and was starting a second counseling program.

If convicted, Rodriguez faces 18 months in jail, a $10,000 fine and 30 days of community service, Bernavon said.

Source: The Home News Tribune - Feb 4, 2005