Patrick’s Legal Update on 4/23/12: NJSPCA filed multiple animal cruelty charges in March of 2011 against Kisha Curtis. The charges against Curtis were upgraded to more serious charges and the prosecution of the case than was shifted over to the Essex County Prosecutors Office. There have been numerous delays and postponements but the case continues to move forward. Many Defendants request PTI but the odds of Kisha Curtis being successful requesting PTI are very low. NJSPCA will continue to stay focused on the Prosecution of Kisha Curtis and will continue to work with the Essex County Prosecutors Office to that end. NJSPCA also appluads the statements made by Judge Cassini that Patrick is well taken care of and “That Patrick survived is a miracle” and that “Patrick has bonded with his caretakers and his environment” Strong words for a strong dog… Please focus on the animals. Capt
well, it seems that AHS has been busy getting in the way with more papers filed still trying to get their greedy paws on Patrick… but the LOVE prevails…
To All: No progress with the Kisha Curtis Criminal case today as the time was spent on AHS’s third (3rd) Brief / Motion that was filed about one month ago, again seeking custody of Patrick. As with the first two requests this was also denied by the Judge who ruled it premature. Patrick will continue to stay with the Scavelli’s until the conclusion of the Criminal case and at that time the Court will rule on Patrick’s permanent custody which the NJSPCA believes should be the Scavelli’s. The next Court date will be posted here when we get it. Capt
from GSVS Hospital
Patrick will remain in our foster care pending the outcome of the criminal case. The Judge in his decision today said that he was satisfied that Patrick was doing well and had no intention of changing his foster care placement at this time.
Judge Cassini on Patrick’s case: “If it isn’t broken, don’t try to fix it…”
an anonymous source said,
I thought that you all would appreciate knowing some things from the hearing today.
Some of you may have seen the report on NJ News 12 tonight, but from my notes…
The Judge said, at the outset, that he would not discuss the criminal case today, but instead, would focus on AHS’ petition for possession of Patrick. KC was not in the courtroom.
Harry Levin (AHS’ attorney) acknowledged that, since there has been no adjudication in the Curtis matter AHS’ petition for possession of Patrick is “premature”, but asked that AHS be given an opportunity to hold an “inspection” of Patrick “by experts, to ensure that his circumstance is satisfactory”.
The assistant prosecutor was very strong, and argued that the state is satisfied that Patrick is being well cared for, and that since AHS is not a party to the criminal matter they have no right to inspect Patrick or his circumstance.
The Judge read, for the record, his synopsis of the case thus far, which included the words “Kisha Curtis is still the lawful owner of Patrick” (which is, sadly, the truth). But the Judge also said “I found that AHS does not have any possessive interest in Patrick”. (Happily, that is also the truth, and his finding was upheld by the appellate division).
The Judge also said that it is clear that Patrick is “loved” and well cared for, and that there is “no evidence” that Patrick is in any jeopardy and no reason to believe otherwise. The Judge further said that to allow an inspection of Patrick by AHS would be to “interfere with the custody of Patrick”.
The Judge then said “The question here is about AHS’ fidelity and integrity…what is the nature of AHS? It was a miracle that Patrick survived and is in excellent health, happy and healthy. Patrick is living a life that AHS should hope for every pet. My belief is that if it is not broken, don’t try to fix it”.
I hope that what happened in court today will give you all, as it does me, continued reason for optimism. The assistant prosecutor was excellent, and the Judge is clearly sympathetic to Patrick as a living being. The Judge sees Patrick as more than just “property”, of that I am sure.
and meanwhile, Kisha Curtis wants a pre-trial intervention