Attorneys/Judges
| Prosecutor(s): | Allen Falk | | Defense(s): | Charles Uliano | | Judge(s): | Richard A. Ganter |
CONVICTED: Was justice served?
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Case #14089 Rating: 1.8 out of 5
Dog left to die in backyard
Marlboro, NJ (US)Incident Date: Thursday, Jul 10, 2008
County: Monmouth
Disposition: Convicted
Defendants/Suspects:
» Steven I. Moses
» Rhonda S. Uretzky
Case Updates: 3 update(s) available
A township man is facing animal cruelty charges for allegedly leaving a 14-year-old beagle mix dog in his backyard to die.
Steven I. Moses, 49, of Dutch Lane Road was charged Thursday with four separate animal cruelty charges after a monthlong investigation by the Monmouth County Society for the Prevention of Cruelty to Animals, said Sgt. Matt Giuliano, who headed the SPCA probe.
"This dog was literally left to rot in this backyard," Giuliano said. "He suffered dehydration, maggot infestation and obviously had no shelter during the period from June 8 to 9 when he died. That was a heat wave. A June 13 report prepared by Dr. Jonathan Bach, a veterinarian at the Marlboro Village Veterinary Hospital, said the animal suffered infections and maggot infestation from being left in his own urine and fecal matter.
"In summary, "Harry' probably died due to dehydration, maggot infestation with subsequent bacterial infection, inappropriate shelter and neglect, and lack of medical" attention, the report concluded.
Not so, Moses said in a brief interview on Friday in which he promised to fight the charges in Municipal Court.
He said he did not wish to comment further due to the court hearing scheduled for July 30.
His wife, Rhonda Uretzky, said the dog's death was from "old age." She denied any cruelty, but declined to give any specifics about the animal's health and its treatment until she talked to her attorney.
"This has been a nightmare for us," Uretzky said. "The dog simply died of old age. We had him for 14 years. He died of old age."
Uretzky said the situation seemed worse than it was because the township's animal control officer did not respond for more than 40 hours after Harry died.
"Our vet couldn't remove the body, and animal control didn't come when we called for help," she said.
Anthony Lena, Marlboro's animal control officer, said police department regulations do not allow him to comment on the investigation other than to confirm he assisted the SPCA.
Giuliano said his investigation determined that Moses wanted the euthanize Harry, who suffered from a urinary tract disorder.
Unable to find a veterinarian who would put the dog down for what he considered a fair price, Moses left the dog in the yard to die, Giuliano said.
Giuliano said Moses was "hostile" when served with his summonses, calling investigators "Gestapo" agents and deriding them as undereducated.
The animal cruelty charges against Moses accuse him of failure to provide sustenance and shelter to the dog and causing the animal's death, Giuliano said.
He was also charged with failing to provide shelter to "Petey," another mixed-breed dog Moses owns.
The charges are all disorderly persons offenses, punishable by a maximum of six months in the county jail and a $1,000 fine per offense.
Case UpdatesA township couple were convicted of animal abuse this morning for failing to provide proper care or shelter for their ailing dog last summer.
They were, however, acquitted of charges that they did not feed the animal or caused his death.
The decision by Municipal Court Judge Richard A. Gantner was the conclusion of three days of nonconsecutive testimony in the case.
The couple's attorney said they will consider appealing the verdict.
Steven I. Moses and his wife, Rhonda S. Uretzky, were each charged with multiple animal abuse charges in the death of Harry, a 14-year-old mixed breed dog, at their Dutch Lane Road home on June 9.
Each was fined $256 plus expenses and ordered to perform five days of community service, but that sentence will be held in abeyance until a decision is made on whether to file an appeal of the conviction.
Municipal prosecutor Allen Falk had argued that the couple failed to provide proper care for the animal and then left the dog unattended in their yard during a heat wave.
Moser was also charged with failure to provide proper shelter to another dog, Petey, when an investigator noted the dog in their backyard for 20 to 30 minutes on a day when the temperature hovered above 90 degrees. He was acquitted of that charge.
A veterinarian, Dr. Jonathan Bach, testified Harry died a painful death from infections brought on, in part, from maggot infestation.
But defense attorney Charles Uliano painted a far different picture, arguing the maggot infestation were the result of the dog's own incontinence and producing thousands of dollars in veterinary bills the couple had paid to care for the ailing dog.
Uliano was blistering in his criticism of the Monmouth County Society for the Prevention of Cruelty to Animals, charging the agency filed the charges against the couple without conducting a proper investigation.
Gantner, however, said in his decision that he found the SPCA investigator, Sgt. Matthew Giuliano, "professional'' and "credible.'' | Source: Asbury Park Press - Oct 29, 2008
Update posted on Oct 29, 2008 - 11:35PM |
The township couple on trial for animal abuse told Municipal Court Judge Richard A. Gantner Wednesday night that they had loved and cared for their pet, even as his health declined.
Steven I. Moses and his wife, Rhonda Uretzky, each were charged by the Monmouth County Society for the Prevention of Cruelty to Animals with failure to provide sustenance and shelter to Harry, a 14-year-old mixed breed dog, who died on June 9 at their Dutch Lane Road home.
Her voice at times choked with emotion, Uretzky testified that she had loved and cared for the dog, even when his incontinence forced her and her husband to purchase a special cleaning agent at $83 a bottle to keep the room he slept in clean.
"That Sunday night (before he died) he had stopped eating," she said. "I told my husband I thought this was near his end. I told Harry he had been a good friend and that if he needed to go rest, it was OK."
Her husband testified that after talking with his wife, they decided to talk with their veterinarian about having Harry euthanized.
The dog died the next morning.
Their testimony came on the third nonconsecutive day of evidence in the bench trial before Gantner.
The case has centered around what constitutes animal cruelty, with Municipal Prosecutor Allen Falk presenting evidence that Harry died of infections brought on, in part, by maggot infestation.
A veterinarian, Dr. Jonathan Bach, testified the animal died "a painful death."
But defense attorney Charles Uliano argued those maggots could have developed as a result of the dog's own incontinence and not neglect by his owners.
Under Uliano's questioning, Moses said he had spent close to $3,000 in veterinary expenses for Harry.
It was a point that was underscored by Uliano, who told the court the defense was going to argue that a 1966 case he termed precedent-setting required "wanton and willful" neglect before an animal cruelty charge could be upheld.
Uliano also tried to chip away at the prosecution's case by eliciting testimony that the SPCA investigator, Sgt. Matthew Giuliano, never asked either defendant any questions before issuing complaint summonses on July 10.
Moses testified Bach, the veterinarian, had told him he was "stupid for calling animal control (to remove the dog's body.) He told me they were trying to make this personal," he said.
Uliano told the court Moses should never have been charged because he was in Fort Wayne, Ind., at the time.
"The dog had two owners that loved this dog and tried to keep it alive. Their reward has been to have their reputations besmirched in the newspaper by these charges. The only neglect here was by the SPCA, which neglected to conduct an investigation," Uliano said.
He further argued that the necropsy performed to determine the cause of Harry's death found food in his stomach, negating the claim that he had not been given proper sustenance.
Falk, the prosecutor, disputed the defense contention, arguing that even if the owners loved the dog, it does not negate their legal responsibilities to the animal.
"The doctor clearly indicated the dog died of dehydration and that he died painfully," he said. "The two owners of this dog allowed his unnecessary suffering."
Gantner said he will render a verdict in the case Oct. 29. | Source: MyCentralJersey - Oct 16, 2008
Update posted on Oct 17, 2008 - 1:44AM |
Municipal Court Judge Richard A. Ganter Wednesday night denied a defense motion to dismiss animal cruelty charges against a township couple.
The action came as the state rested its case after two nonconsecutive days of testimony, and the defense began its presentation with four character witnesses for the accused.
Steven I. Moses and his wife Rhonda Uretzky were each charged with failure to provide sustenance and shelter to Harry, a 14-year-old mixed breed dog who died June 9 at their Dutch Lane Road home.
The case has centered on what constitutes animal cruelty, with the defense arguing the dog was old and dying while the prosecution alleges he suffered needlessly because of his owner's actions.
No one challenged a finding that the animal suffered maggot infestation at the time he died, but each side disputed the reason for the dog's condition.
Defense counsel Charles Uliano argued that the animal's poor condition was caused by its incontinence and not neglect.
Uliano had also elicited testimony that Moses had asked to have the dog euthanized for health reasons before its death.
Municipal Prosecutor Allen Falk hinged his case on the testimony of Jonathan Bach, the veterinarian who had examined the animal and determined he had died of infections brought on, in part, by maggot infestation.
He supplemented those findings with testimony from Sgt. Matthew Giuliano of the Monmouth County Society for the Prevention of Cruelty to Animals, who testified that his investigation determined the dog had been kept outdoors in extreme heat and "horrendous conditions."
On cross examination, Bach agreed that a later pathology report said the dog also suffered from chronic kidney disease, congestive heart disease and pulmonary edema. Still, he said the animal died a painful death from what he termed "neglect."
Uliano also criticized Giuliano for "jumping to conclusions" in his decision to file charges in the case.
He accused Giuliano of charging the couple without questioning them because he was offended by what had been described as Moses' "belligerent attitude" toward the investigator.
At times the questioning centered on arcane issues like how long a dog can be left in a yard without a doghouse before the owners would run afoul of the law.
The trial will resume Oct. 15 with testimony from the defendants. | Source: Asbury Park Press - Sept 11, 2008
Update posted on Sep 11, 2008 - 9:30AM |
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