Update on Jack, still in jail
Well, folks, for the "good news," we are making some progress. The Court Hearing date is set for Friday, June 28, in the Oneida County Court House, located in downtown Utica, before Judge Dwyer. I have obtained the entire docket file and all the "Declarations" and now have reviewed everything except the photographs, which were not reproduced.
The Beratta family is represented by Louis DeSorbo, now of NYC, and formerly of Utica. The respondent, who is the individual animal control officer "Nicholas Morosco," is represented by Herb Cully, who finally wrote and filed a perfunctory Brief that in my view did not do much for his cause.
I did go to Utica and had a long meeting with the Mayor and his staff, who are all disgusted with New Hartford and their continuing to press the matter. Meanwhile, the pressure from Jack's supporters worldwide have had a serious effect on the legal system in Utica; everybody there is sick and tired of this case and wants it to go away. The District Attorney's office has been inundated with fax letters (they are not even a "party"!) and the legal system is looking for a "way out," although Cully for bizarre motives refuses to simply concede the matter.
In my own review of the docket, it occurred to me that the sequence of events works in Jack's favor. It turns out that Jack was brought by the Beratta's voluntarily to the Stevens-Swan Shelter - which is outside the town limits. The Animal-control officer [Morosco] did not even see Jack until he first met him at the Shelter - located in the City of Utica. Meanwhile, Herb Cully described the litigation as a "civil matter." However, as a civil matter, the New Hartford Court cannot assume jurisdiction over property located outside the Town at the time of the filing of the Complaint. As Jack was never actually inside New Hartford, the ability of the Officer to institute a "civil proceeding" against Jack evaporates.
I ran this by Jack's attorney who thought it was a novel idea and he will press that tack forward at the Hearing. It may provide just the excuse for the County Court to quash the Order. That would set Jack loose. Jack can never go back to New Hartford: those vindictive people in that Administration would be gunning for him, and under New York law any policeman can simply shoot any dog. You can bet that that would be the result.
Ironically, the Stevens-Swan Directors have stated that if the Berattas simply showed up, paid the bill, and took Jack out, nobody would attempt to stop them. All the Shelter would do was "inform" the New Hartford authorities, who have no jurisdiction anyway. The Berattas seem to be too frightened to do that, having been overwhelmed and intimidated by the forces arrayed against them.
I think the Berattas should collect Jack and move out of New Hartford. Why anyone would want to live in that mean-spirited town is beyond me. Lots of other nice suburbs around Utica.
