NJ - Congo Court Update
Please Cross Post!!
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Judge Lets Congo's Death Sentence Stand, Case is Appealed to Higher Court
Keep up the pressure:
(1) Email Judge Russell W. Annich, Jr. in care of the Court Administrator:
caroline_sapio@princeton-township.nj.us (@princeton-township.nj.us)
Fax letters to: 609-924-5902
(2) Call Mark Johnson, the Animal Control Officer (ACO) in this case:
609-924-2728. Johnson also changed his story and claimed the typed statements from Guy and Elizabeth James shortly after the attack were "eaten by a stray dog in his care"!
(3) Appeal to Governor John Corzine to let Congo go home to his family during the appeal process, which could take months: 609-292-6000
Email by going to the Governor's website: http://www.nj.gov/governor/govmail.html
(Hope to have a fax number and direct email this week)
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4 articles from today:
Judge Lets Congo's Death Sentence Stand
Trenton Times - http://tinyurl.com/3yd6u4
by Linda Stein and Robert Stern/The Times
Tuesday November 13, 2007, 3:05 PM
Congo
PRINCETON TOWNSHIP, NJ -- Despite protesters' calls for freeing Congo the German shepherd, Municipal Court Judge Russell Annich Jr. Tuesday stood by his decision deeming Congo a vicious dog that should be euthanized because he mauled a landscaper on his owners' property on June 5.
In finalizing his ruling for the record inside a courtroom packed with Congo supporters Tuesday afternoon, Annich also was in the process of denying a motion from the attorney representing Congo's owners, Guy and Elizabeth James, to let the couple have custody of the 2 1/2-year-old dog while they appeal his fate to the Superior Court.
But as Annich began indicating that Congo must remain at the SAVE animal shelter in the township pending the appeal, some people in the courtroom began shouting their disapproval.
"No justice!" one person exclaimed. "It's a living being, not a car," yelled another.
In response to the disruptions, Annich called a recess in the proceedings about an hour and 15 minutes into the session and ordered the public out of the courtroom while the James family and their lawyer went into a side room awaiting for the hearing to resume.
Annich also stood by his verdict that four other dogs belonging to the Jameses that were involved in the mauling which severely injured landscaper Giovanni Rivera warrant the label "potentially dangerous," which subjects them to more stringent muzzling and containment requirements, though spares their lives.
More on this developing story in Wednesday's editions of The Times.
Pictures of the Rally: http://www.nj1015.com/personalities/casey-rossi.shtm
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Protesters Rally for Congo
Trenton Times - http://tinyurl.com/34cmks
by Robert Stern/The Times
Tuesday November 13, 2007, 11:34 AM
PRINCETON TOWNSHIP, NJ -- Despite some rain, more than a hundred animal lovers turned out Tuesday in front of the municipal building carrying signs reading "Save Congo" and "Beware of Dog Owners: We fight back!"
The protesters are rallying to try to free a 2 1/2-year-old German shepherd owned by Guy and Elizabeth James. Congo was labeled vicious by a Municipal Court judge and faces death after he mauled a landscaper on June 5. The family plans to appeal.
As TV cameras rolled, Guy James said, "This is the beginning of a tornado that is going to sweep through this township ... And Congo and my puppies are going to come home unlabeled."
The incident occurred after landscapers entered the James' Stuart Road property too early that morning and did not heed a warning to stay in their car. One worker swung a rake at the dogs while another fled to Elizabeth James for protection. That man, Giovanni Rivera, was severely bitten after he pulled her arm, then grabbed her again, and fell to the ground, pulling her toward him, she said. Then Congo followed by four of the other five dogs, biting and scratching Rivera.
Anne Soden, of East Windsor, one of the protesters, said, "It's a wonderful outpouring of support. ... People know the dog was just protecting its owner."
Judge Russell Annich Jr. is expected to place his ruling on the record at 1 p.m. and announce the fines he will impose on the Jameses.
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Ignoring Protests, Judge Makes Dog's Euthanization Order Official
The Princeton Packet - http://tinyurl.com/366szs
By Nick Norlen
Tuesday, November 13, 2007 5:02 PM EST
PRINCETON, NJ -- Despite a courtroom filled to capacity with supporters of Congo - the German Shepherd facing euthanization for attacking a landscaper in Princeton Township in June - the judge who originally ordered the dog to be put down followed through by making his ruling official Tuesday.
Though a stay of execution has been granted for the dog because of a pending appeal - filed by the owner's attorney Tuesday - Municipal Judge Russell Annich Jr. denied the attorney's request for the dog to be released to the family's custody during the appeal.
Guy James, who owns the dogs along with their official owner, his wife Elizabeth James, said before the hearing Tuesday that he didn't expect the judge to reverse his decision.
But he has said that he won't stop until Congo is returned home and cleared of the charges.
Congo is currently being held at SAVE - A Friend to Homeless Animals animal shelter in Princeton Township, where he was placed after the June 5 attack that left landscaper Giovanni Rivera, 42, of Hamilton, in the hospital with severe bites and scratches.
Mr. James has said the landscapers arrived an hour early that day, and that some of them entered the grounds despite being told to wait in their vehicle.
The different parties in the case have disputed whether Mr. Rivera pulled Ms. James to the ground while trying to hide from the dogs, and whether the other four dogs were hit - or simply held at bay - with a rake by one of the other landscapers.
However, members of the James family and their supporters have likened the incident to an attack, and said Congo was simply trying to protect his owner.
Both the James family and their attorney, Robert Lytle, have maintained that the attack was unintentionally provoked and plan to base their appeal partially on that aspect.
Along with labeling Congo "vicious" - which mandates euthanization, pending the appeal - Judge Annich also labeled four of the family's other dogs - Lucia, Congo's mate, and their offspring, Bear, Shadow and Hunter - as "potentially dangerous," which results in increased licensing fees and other requirements.
Another dog, Magnus, was not implicated in the attack, but was unlicensed, as were the other five dogs.
Because all of the dogs were unlicensed, and the younger dogs were unvaccinated, the judge levied fines of $300 and $150, respectively, plus court costs.
But he denied requests for stays on some aspects of the "potentially dangerous" labeling, which he said he will let the superior court decide.
As mandated by the state statute, the dogs would be tattooed with a prominently placed identification number and the owners are required to purchase liability insurance.
Judge Annich noted that the dog owners have 60 days to do both things, and that the appeal proceedings will likely begin in just 20 days - allowing to superior court to grant stays if they are deemed appropriate.
Though Mr. Lytle argued that Congo should be released to the family's custody because he has lost weight since arriving at SAVE and because his record of no previous or prior bites indicates that he is not a threat to the public, Judge Annich said it would be "counterintuitive" to release the dog after applying the "vicious" label.
That decision prompted one supporter in the audience to call out, saying, "it's not a car, it's a living being."
Judge Annich then rose from his seat and ordered the filled courtroom to be cleared.
After an approximately 15-minute recess to a nearby conference room, family members reentered the court with Mr. Lytle, who requested that Ms. James be allowed to address the court.
After reluctantly allowing her to do so, Judge Annich interrupted Ms. James when she began to read a statement from her daughter Hannah after thanking supporters.
He said the matter was in the hands of the superior court, and noted that he had received many similar statements from supporters via email - and in phone calls and letters at his home.
Many of the supporters at the hearing came from the municipal building's plaza just outside the courtroom, where approximately 100 people had been gathered since 10 a.m. to protest the judge's ruling.
Approximately 15 Township Police officers and Mercer County Sheriff's Officers looked on as supporters rallied with signs and shirts that read "Save Congo," among other supportive slogans.
After the hearing near an emotional James family, Mr. Lytle said that the matter will now proceed the Mercer County Superior Court.
Though he declined to speculate on whether the Superior Court will look favorably on his clients, he said he was "very confident" in the case he presented in township court - which he will present again in Superior Court.
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Victim of Condemned Dog Deals with Scars and Pain
Princeton Packet - http://tinyurl.com/3dwpe2
Tuesday, November 13, 2007 12:48 PM EST
By Nick Norlen, Staff Writer
Dog attack victim Giovanni Rivera, left, and with his attorney Kevin Riechelson, on Monday.Staff photo by Nick Norlen
Amid the swirl of appeals for the dog that mauled him, Giovanni Rivera on Monday displayed the scars and described the pain he still suffers from the June 5 attack in Princeton Township. Mr. Rivera, 42, a landscaper who lives in Hamilton, is still recovering from his wounds, but said he doesn't have an opinion about what should happen to Congo, the German shepherd labeled "vicious" by the township's municipal judge in a written opinion issued Oct. 30. The ruling will result in the dog's death if appeals filed by its owners, Guy and Elizabeth James, of Stuart Road West, are unsuccessful.
Supporters of the family and the dog plan to protest the ruling outside the Township Hall today when Judge Russell Annich Jr. is scheduled to issue his formal decision. The family has already filed the necessary documents for an appeal, which gives the dog a temporary stay.
Mr. James also announced new legal steps on Monday, as more voices joined the clamor of reaction to the dog's impending euthanization - including Township Committeeman Chad Goerner.
Mr. Rivera, in his attorney's Trenton office on Monday, revealed the large scar on his right thigh and the smaller marks elsewhere on his body that remain visible six months after the attack.
Speaking through an interpreter, he said the main wound on his leg is still painful and causes him difficulty.
Though he said the attention surrounding the situation and the different accounts of what happened - including those that differ from his - are "stirring in his mind," he said he hasn't let it affect him.
Mr. Rivera said that he knows he told the truth in court, and said that "it should be more than enough" for people to see the photographs of his wounds after the attack.
According to his attorney, Kevin Riechelson, Mr. Rivera was paid a $250,000 insurance settlement on Monday. He said the payment came from the homeowners' insurance company.
"I don't know anyone who would trade places with him for that kind of money," he said.
Though he is not involved in the current legal proceedings, Mr. Riechelson said "there's a lot of disinformation."
"This wasn't a dog bite. The guy was mauled. He was bitten and scratched from head to toe," he said, noting that Mr. Rivera had to receive 65 injections of rabies treatment because the dogs were unvaccinated at the time of the attack. "He didn't do anything intentional. He didn't try to get himself hurt. He went to do his job and got mauled when he was doing it," Mr. Riechelson said.
But both the James family and their attorney, Robert Lytle, have maintained that the attack was unintentionally provoked, which is the assertion - held by an expert in dog behavior during the trial - on which they plan to base their appeal.
While Mr. James said that Mr. Rivera pulled Mrs. James to the ground while trying to hide behind her, Mr. Riechelson and Princeton Animal Control Officer Mark Johnson have both said that only Mr. Rivera was ever on the ground.
Mr. James also took issue with Prosecutor Kim Otis' assertion that his other dogs were not hit with a rake by another landscaper during the incident, which Mr. Johnson has also testified to.
In fact, Mr. James announced a lawsuit Monday against Mr. Johnson for accusations described in The Trentonian newspaper over the weekend which implied that Mr. James had inflicted the wounds on his own dogs.
The claim also includes a demand for the township to officially retract Mr. Johnson's statements.
But Mr. Johnson said Monday that he was misquoted.
"Where it came from, I don't know," he said of his paraphrased remark.
Though he said one of the dogs did have a scar, Mr. Johnson said he believes it is from a canine tooth during the attack, not from a rake.
Mr. Johnson, did confirm, however, Mr. James' charge that Mr. Rivera changed his account - of exactly where he was when he was attacked - immediately following the incident.
However, Mr. Johnson said the different details came from three different nurses who were interpreting for Mr. Rivera at the hospital.
Meanwhile, Mr. James has acknowledged that he rejected a plea deal offered by Mr. Otis before the trial in which Congo would have been labeled "potentially dangerous" - which comes with increased fees and certain containment requirements - rather than "vicious," which, if upheld, will result in the dog's death.
His other four dogs were labeled "potentially dangerous" by the judge.
"My dogs are innocent, every one of them," he said. "They did what they were supposed to and they protected my family. We will fight to the end to make sure we will get them back without any labeling."
Mr. James made a move in that direction Monday by filing a lawsuit to have Congo released to his custody while the appeal is pending, stating that Congo has become "demonstrably depressed" while being held at SAVE - A Friend to Homeless Animals animal shelter in the township.
While Mr. James said his heart "goes out to Giovanni and what he went through," he said Mr. Rivera should have stayed in the car, where the landscapers were told to remain that day upon arriving at the property early.
"I believe he got scared, he panicked, he did the wrong thing. The bottom line was that this whole situation was provoked," he said. "If they really wanted to hurt him, they would have gone for his throat."
Mr. James said he expects "a huge amount of people" to be at the court Tuesday for the rally, including his four children, who are taking off from school to attend.
Though he wasn't in town Monday, Township Committeeman Chad Goerner issued a statement on the situation by e-mail.
While he said he respects the legal system and the appeal process, he said he is deeply concerned "that we tend to react in a lopsided manner when a distressing situation like this occurs. A one-strike incident occurring on the dog owner's property with a dog that has no prior history should not mean that the owner's dog is out - for good."
Mr. Goerner went on to say that he doesn't believe the ordinance recently passed by the Township Committee - dealing with vicious and dangerous dogs - "was intended to authorize a one-strike death penalty, certainly not when there is so much ambiguity on the question of provocation."
Mr. Goerner said he will ask Township Attorney Ed Schmierer to review the ordinance "to identify ways that we can provide even more guidance on the meaning of provocation and ensure that incidents on a dog owner's property are evaluated with sensitivity to context."
Mr. Schmierer could not be reached for comment Monday.
