tag:blogger.com,1999:blog-35437039.post2118597081919101531..comments2023-10-16T06:16:42.086-04:00Comments on Blue Dog State: Lynching Sylvia: Humane Justice in Upstate New YorkUnknownnoreply@blogger.comBlogger6125tag:blogger.com,1999:blog-35437039.post-21763450510235552422012-07-09T12:56:35.627-04:002012-07-09T12:56:35.627-04:00Sound's like the warrant is deficient and ille...Sound's like the warrant is deficient and illegal on its face, general and overly broad and lacking particularity or protocol.<br />Yes, in some circumstances help can be enlisted from non-police, but only if there is a showing of what it was impossible to have the police do that function and exigent circumstances did not allow for time to have a police officer do the function. bond hearings before a finding of guilt are common, also unconstitutional, see Louisville KC case.I think she has a great case for dismissial wilson v layne, 4th amendment violations galore. and should sue the pants of of the city and third parties who acted under color of law. You cant bring parties to search for items not listed in warrant, and cant make the search a general search without listing the probable cause why your looking for each particular thing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35437039.post-15441703754108833642012-06-26T21:07:14.653-04:002012-06-26T21:07:14.653-04:00Hey Blue Dog, our friends are looking for employee...Hey Blue Dog, our friends are looking for employees... times are hard everywhere but at Pets Alive I guess?<br /><br />http://petsalivewest.org/index.php/about/westchester-staff/employment-opportunities/<br /><br />ALate Bloomershttps://www.blogger.com/profile/07185849272314313531noreply@blogger.comtag:blogger.com,1999:blog-35437039.post-11946407541377215492012-06-14T16:02:35.699-04:002012-06-14T16:02:35.699-04:00@alphabet city
1. Panetta's efforts to obtai...@alphabet city<br /><br />1. Panetta's efforts to obtain counsel are well documented. The court had a number of remedies available, but chose to send her to jail on criminal charges without benefit of counsel. <br /><br />2. S/W: link is on the blog but for your reference CPL 690.25:<br /><br />"A police officer to whom a search warrant is addressed, as provided<br />in subdivision one, may execute it pursuant to its terms anywhere in the<br />county of issuance or an adjoining county, and he may execute it<br />pursuant to its terms in any other county of the state in which it is<br />executable if (a) his geographical area of employment embraces the<br />entire county of issuance or (b) he is a member of the police department<br />or force of a city located in such county of issuance."<br /><br />That's who can execute a search warrant in the State of New York.<br /><br />Restraining order (?) -- Judge Owen signed an Temporary Order of Protection. And it cited the section of state law mentioned on the blog.<br /><br />AML 373 LOL You're going to go there? Really? I strongly suggest you read it carefully, and compare it to events in Wallkill. <br /><br />Rule of law. <br /><br />It's what protects us all, and the details count. No cherry-picking. No do-overs.BlueDogStatehttps://www.blogger.com/profile/09740833336056226653noreply@blogger.comtag:blogger.com,1999:blog-35437039.post-75216439657728634872012-06-14T13:44:54.602-04:002012-06-14T13:44:54.602-04:00Where to start?! First, please stop referring to ...Where to start?! First, please stop referring to Ms. Panetta as a “breeder” as it gives licensed, respected breeders who follow the law a bad reputation. <br />Yes, Ms. Panetta has a right to an attorney. If she chooses not to exercise that right then that is her choice and not a violation. You don’t wait until you are found guilty to ask for an attorney, you hire one before your court date. She had ample time and opportunity to obtain legal counsel or prove a need to have one appointed for her. <br />Regarding the search warrant. <br />Third parties may accompany and assist police officers when executing a search warrant as long as it is stated in the warrant. If evaluating the health of an animal, it is practical to have a veterinarian present to say the least. If assessing possible illegal structures on a property, why is it so abnormal to bring the town’s building inspector?<br /><br />Since seizing pounds of feces, yards of dilapidated fencing, dozens of broken dog houses and boards with nails sticking out and transporting them to court is just plain silly, it is acceptable that photos are being used as evidence found when executing a warrant.<br /> <br />Regarding the restraining order. As this did not stem from a family/domestic matter the information you linked is invalid to this matter. There are several different types of protection orders and this one was done properly. (I will look it up later for you, if you’d like)<br /><br />Lastly, please review NYS Agriculture & Markets Law § 373 which states (among other things) <br />(6) the “impounding organization” may petition the court for the posting of a security bond, in an amount sufficient to secure payment for all reasonable expenses expected to be incurred in caring and providing for the animal pending disposition of the charges. For purposes of this section, an impounding organization” shall mean the duly incorporated society for the prevention of cruelty to animals, humane society, pound, animal shelter or any authorized agents thereof. “Reasonable expenses” shall include, <br />but not be limited to, estimated medical care and boarding of the animal for at least thirty days taking into account all of the facts of the case. The ‘petition’ is filed with the court, and then served upon the defendant and the district attorney as well as any other interested person having a pecuniary interest in the animal. The ‘petition’ shall be brought at the time of arraignment. A hearing on the petition shall be held within ten days of filing. The Petitioner has the burden of proof by a preponderance of the evidence, and the court has discretion to waive the posting if respondent shows good cause. If the court orders the security, it must be posted with the clerk of the court, within five business days. The impounding organization may then draw from the security, the amount incurred.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-35437039.post-55404326493751090902012-06-12T15:21:00.300-04:002012-06-12T15:21:00.300-04:00These judges belong in jail in the prison courtyar...These judges belong in jail in the prison courtyard with their most violent victims.Tomhttps://www.blogger.com/profile/00024665871872480537noreply@blogger.comtag:blogger.com,1999:blog-35437039.post-35364065485210968072012-06-11T11:01:44.123-04:002012-06-11T11:01:44.123-04:00Based on my recent (not dog-related) court proceed...Based on my recent (not dog-related) court proceedings in my local town court - and I have no knowledge of Sylvia's case other than news reports - she is screwed. Local justices have little to no knowledge of the law, and little to no knowledge of criminal procedure, and what they do know they ignore. Illegal, incompetent, unsigned or affirmed paperwork? They don't care. Certainly at the local level in NY our "justice" system is a joke.bealsie2https://www.blogger.com/profile/09186244660186851834noreply@blogger.com