In 2016, Vanessa was found abandoned in a residential home in the City of Rochester, with a broken leg. She was taken to a local municipal shelter for housing and medical treatment and quickly became a staff favorite. The shelter raised over $7,000 to get Vanessa the medical care she needed for surgery to repair her leg. Vanessa was fostered and adopted into a loving home with an experienced and loving owner. She became an integral part of the family which included being a constant companion for a mentally disabled young family member. She loved her newfound life. Walks with the family, rolling in green grass, couch time with her dad, peanut butter sandwiches. Vanessa’s life turned 180 degrees and she was thriving. And then July 6th turned to July 7th and Vanessa’s world came crashing down.
On July 7th while on a morning walk with another family dog Vanessa was accused of biting a Town of Ogden Board members wife. VANESSA WAS ON HER OWNER’S PROPERTY AND ON LEASH AT THE TIME OF THE ACCUSED BITE. There are drastically conflicting accounts of what occurred that morning and the circumstances that led to the alleged bite. However, the accusing TOWN BOARD MEMBER, who is also a PRACTICING PERSONAL INJURY ATTORNEY, elected to immediately file dangerous dog charges against Vanessa (the same day the incident occurred) and demanded Vanessa to be seized and euthanized. Additionally, the Town Board member also filed a civil lawsuit against Vanessa’s owner and girlfriend who was handling the dogs at the time of said bite in the hopes of obtaining monetary compensation (Jessica L. Hirt vs. Jeremy Wolf & Kerry Dudek, Index E2020005939). The lawsuit includes a number of false claims that are fabricated by this attorney and are nowhere supported by the record or any evidence.
Due to the blatant conflict of interest involving a Town Board member involved in a legal preceding under the jurisdiction of the same Town Court, in a small rural community of only 20,000 where said board member presides, a request of a change of venue was submitted to the Judge by Vanessa’s owner. The Town Judge vehemently denied this request and subsequently sentenced Vanessa to death in the Town of Ogden Court. This in a Town where Freedom of Information inquiries have produced factual data that indicates the Town of Ogden disproportionately applies euthanasia as a sentence in dog bite cases when compared to data from other surrounding Towns (Greece, Gates, Chili and Ogden FOIL data as of July 2020). This in a Town where the NYS Supreme Court has ruled that the Town of Ogden has historically “repeatedly misstated” and “misapprehended and misapplied” NYS dangerous dog law (Ogden vs Lavilla, July 2020) and the Supreme Court ordered the Town to reverse the euthanasia order for the dog in the previously cited ruling.
An appeal to the higher court (Monroe County) was filed by Vanessa’s family and Vanessa was remanded to confinement in the Town kennel at the Ogden Judges discretion even though there is no obligation under NYS law for her to be confined as such.
The Ogden Court has repeatedly denied access to Vanessa from her family and her veterinarian by failing to acknowledge repeated requests for visitation. As such, after contacting the local Humane Society Law Enforcement, Vanessa’s veterinarian was granted access to the Town kennel back in late July. Court paperwork that was filed by Vanessa’s veterinarian after the kennel visitation in July indicated that Vanessa was covered in her own feces and urine and she was not being released AT ALL from her kennel cage for exercise or walks. The cage was being hosed down while Vanessa was in it for cleaning. Vanessa was observed to be suffering from muscle atrophy and had multiple open sores observed on her body and feet from the prolonged exposure to the concrete floor. Vanessa also requires medication for historic previous existing medical conditions including a thyroid condition, yeast and recurring ear infections. None of which was being treated or medications administered by the Town. Under pressure from Humane, The Town kennel was immediately closed and Vanessa was transferred to an animal hospital due to her poor condition. Both Town animal control officers subsequently resigned and Vanessa’s owners brought up allegations of animal cruelty against the Town. The Town of Ogden prosecutor blew off the charges of animal abuse and negligence by indicating that “you can’t sue the Town” they are a “municipality” not a “person” (O’Toole Law Firm PLCC, August 7, 2020) and refused to appear in Court on Monday August 10th relative to the animal cruelty charges. The Town Judge did not intervene and thus supported the view of the Town prosecution that abuse had not occurred.
Additionally, despite the Ogden prosecutions attempts to block it, Vanessa received a Behavioral Evaluation in July administered by a 3rd party Certified Trainer. Even under the stressful kennel conditions documented by the trainer and the physical ailments documented by her veterinarian, the results of the trainer’s evaluation showed Vanessa to have ZERO aggressive tendencies.
As of this writing Vanessa has been confined to a cage for almost TEN MONTHS at the Town of Ogden’s discretion even though there is no legal obligation to do so. She has not been allowed to be visited for a wellness check by her family or veterinarian since late July. The limited information that has been provided by the Town indicates that she is now resource guarding and fearful in her kennel. Kennel Stress is a documented reality. Put any living thing in a box for seven months, without mental stimulation, socialization or exercise confined to a noisy environment and see how that being reacts. Imagine being locked in a box for seven months only having a food tray slid through the door. That would test and break the mental aptitude of any living thing. This constitutes animal cruelty and abuse of power by those involved in the Town.
Please help save Vanessa from these horrible cruel loving conditions. This is no way for her to live.
