By Lynne Hendricks
ROWLEY — With a euthanization deadline looming Monday for the 6-year-old Labrador retriever mix sentenced to death on March 17 for allegedly killing a neighbor's goat, lawyers for dog owner Mike Passanisi have filed an appeal to challenge the town's order.
Filed by attorneys Jeremy Cohen and Jack Foley of Salem, the appeal aims to stay the dog's execution until a final determination can be made in Newburyport District Court — a decision that could come as early as April 24, when the court is scheduled to hear the case.
Passanisi's dog Niko wandered off his property at 230 Boxford Road in February, and his owner's girlfriend found him 20 minutes later on a neighboring property owned by Richard and Melissa Lebel. Niko was standing inside a pen housing the Lebels' three goats, one of which lay dead from a single bite to the neck.
It was assumed Niko killed the goat and wounded two others with similar bites to the neck. Passanisi claims there was no blood on the dog, and although he concedes it's possible his dog killed the goat, he maintains there might be a remote possibility Niko chased away a coyote responsible for the kill. No one observed the attack firsthand.
Having received an order last Friday for Niko's euthanization, and after selectmen declined to reopen the case at their last meeting, Passanisi and his attorneys must now persuade a judge to lift that order.
Cohen said he and Foley are questioning the actions of animal control officer Reed Wilson, who recommended to selectmen that Niko be euthanized.
"It's concerning to us the animal control officer offered an opinion without ever examining Niko," Cohen said. "(Niko) does not have a history as a serial biter. Even if he did it, it's his first-time offense."
Cohen added the death of the Lebels' goat was an emotional event made worse by the actions of Wilson, who left to Passanisi the task of informing the Lebels of their dead goat. And since Passanisi was told by Wilson to head over after work at 8:30 p.m., that meant the goats — one dead and two wounded — were left unattended in their pen for seven hours with no medical attention.
Passanisi said the walk up to the Lebels' home was like walking "the green mile," and he was upset to inform Melissa Lebel, who answered the door, of what had happened. Her reaction was one of shock and horror, he said, but when she recovered, Passanisi said she told him she appreciated his apologies and the fact he came over to tell them when he could have pretended to know nothing about it.
Richard Lebel was more upset and demanded Passanisi leave the property, according to Lebel's testimony. He told selectmen he was distraught to come upon the grisly scene, where his beloved pet Miss Daisy lay bloodied and motionless.
Cohen said Wilson made matters worse for both parties by not taking responsibility for the situation himself.
"He saw the goats but left it to a client to have to explain it to (the owners)," Cohen said. "I would think you'd want to get the goats some help as soon as you could. That sickens me as an animal lover. He didn't show any care for the goat owners or the goats."
Wilson could not be reached for comment yesterday, but noted at the initial hearing before selectmen his reasons for recommending euthanization.
"My recommendation would be to have the dog euthanized," Wilson said. "If they can't control their dog, and it sounds like it's animal aggressive, there are lots of horses on the street (and) other neighbors with donkeys and goats."
With regard to the selectmen's decision, Cohen said they will bring in experts to evaluate the dog's level of aggression and contact an animal rights specialist in Florida they've worked with recently in a similar case in Marblehead.
In that case two months ago, a German shepherd was sentenced to be euthanized by the town after it badly bit a woman in the leg and pulled her to the ground. An appeal was filed in February in Lynn District Court.
The defense argued it was the first time the dog had bitten anything, and the German shepherd was likely going for the victim's dog and got her instead.
The dog was sold to a new owner in upstate New York, and the judge in the case decided that as long as the dog stays out of Marblehead, its life will be spared. However, if the dog returns to Marblehead, it will be euthanized.
"We're going to bring on some experts and have some people evaluate him," Cohen said. "There should be some punishment meted out if it's proven Niko did this, but this was the last resort and they went right to it."
Cohen promises he and Foley will fight this case through every stage of appeal if necessary.
"There's a life at stake here," he said. "We'll do whatever it takes to keep Niko alive."
