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Dog trial on hold until at least December

By: Melissa Stagnaro, Sun Staff Writer

Nov 5th, 2008.
Reprinted with permission by THE EVENING SUN www.evesun.com

OXFORD - The Brooklyn man charged with a total of 115 misdemeanors for animal cruelty and neglect will not go to trial for the criminal charges against him until at least December, according to a decision rendered Monday by the Town of Oxford Court.

After a brief pre-trial conference held in his chambers, Oxford Town Justice John Weidman ruled that Defense Attorney Scott Clippinger will have 45 days to file motions on behalf of his client, Steven W. Fong, 56, of 405 Clinton Ave. in Brooklyn. Assistant District Attorney Stephen Dunshee requested 14 days to respond to any motions filed by Clippinger, to which the judge agreed. Weidman directed "all parties to appear" at 3 p.m. on Dec. 1 for a further conference. Fong, who was not present in the court, will be required to appear on that date as well.

Fong was arrested on Oct. 13 after Chenango County Sheriff's Deputies seized 76 Pomeranians from a doublewide trailer at 145 Williams Rd. in Oxford. Deputies also removed the remains of 38 additional dogs from the property, which was owned by the Brooklyn resident.

Fong is charged with 76 counts of failure to provide for an impounded animal, 38 counts of cruelty to animals and one count of false impersonation for misrepresenting himself to law enforcement officers during the initial investigation.

According to Sergeant Timothy Urnaitis with the Chenango County Sheriff's Department, Fong could face up to 115 years in prison for his crimes. "By law, each separate misdemeanor can bring a sentence of up to one year of imprisonment," said Sgt. Urnaitis after court Monday. Attorney Michael Ferrarese, who is representing the SPCA pro bono in the civil suit, was a part of the pre-trial conference. "The judge set down time frames," said Ferrarese. According to the attorney, the amount of time the judge has established for motions and responses is typical in these types of proceedings.

Based on that timeline, he does not anticipate a trial date before the first of the year. Coinciding with preparations for Fong's criminal trial are the civil charges brought against him by the Chenango County SPCA. Based on a ruling by Weidman last week, Fong has until 4:20 p.m. today to post a cash bond in the amount of $65,465 with the court to cover the SPCA's expenses for the first 30 days of care for the animals.

In the event that Fong fails to post the bond, he will forfeit ownership of the 77 dogs currently housed at the SPCA's Norwich shelter. If Fong does pay, he will likely be back in court again before the end of November.

SPCA Executive Director Carol Hedlund has stated that the non-profit plans to file a new petition with the court every 30 days to cover the continued cost of caring for the animals.