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Hingham dog banished to upstate NY

Posted by Lisa Crowley November 19, 2009 05:11 PM

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The owners of an English mastiff have 10 days to decide if they will appeal a court decision that allows their dog to avoid being put to death for two biting incidents.

The decision, issued this morning by Hingham District Court Clerk Magistrate Andrew Quigley, would transfer the dog to a shelter in upstate New York—a location much farther than a Rockland location the owners had hoped for.

“We will weigh our options and make a decision,” said Jeffrey Clifford, a lawyer for Megan and Robert Ullman, the owners of Gabriella, who was ordered by Hingham selectmen last month to be euthanized.

Clifford said the concern is whether the New York shelter has space for Gabriella, and whether the family can be assured the dog won’t be euthanized without their knowledge. “We don’t think they will (kill the dog), but it is a concern,” Clifford said.

Hingham Police Lieutenant Mike Peraino praised Animal Control Officer Leslie Badger for finding a place that would take the dog and for working out this arrangement. “Nobody wanted to see the dog euthanized, but we needed to find a compromise that would protect the town and make sure it doesn’t happen again,” Peraino said.

He said the town was not in favor of the Ullmans’ proposal to move the dog to a Rockland kennel owned by Patty Benton. The site was too close to the family, and there were concerns the kennel, equipped with two fences around the property—was not secure enough to prevent the dog from escaping or being kidnapped, Perraino said.

According to court officials, the Ullmans have 10 days to appeal the magistrate’s decision to a judge.

After a lengthy hearing in late October, Hingham selectmen reluctantly voted to euthanize the dog after two incidents when the English mastiff bit women at the Ullmans’ Hingham Square art gallery.

The first incident took place in June 2008, when Gabriella punctured and scratched the thigh area of Hingham resident Stacey Wakefield, wife of Red Sox pitcher Tim Wakefield. At the time, the shop was supposed to have been locked and closed by Megan Ullman.

Hingham Police took the Ullmans to court following the Wakefield incident, and after several hearings, criminal charges were reduced to a civil complaint and the Ullmans were required not to bring the dog to their shop.

A year later, Braintree resident Krista Brewer was bitten in the abdomen. The Ullmans described the injury as minor, but photographs shown during the selectmen’s hearing showed extensive bruising and swelling.

Brewer’s father, Dick, who attended Thursday’s hearing, said afterward that the Ullmans and their lawyer’s description of the wound is “highly offensive.” “It wasn’t an alleged bite,” Brewer said.

Late last month, selectmen issued a statement explaining their decision because of the numerous calls they received over the decision.

At today’s hearing, Clifford said there have been instances where dogs have been brought to no-kill shelters and expected to live, but were euthanized anyway. He said the space at the
New York shelter was made available after a dog at the shelter was euthanized.

Badger said that particular dog’s circumstances were different, and that Gabriella would not be put down. Quigley assured Clifford and the Ullmans that Gabriella would not be clandestinely euthanized.

“(Badger’s) said it five times that (Gabriella) will stay there for the rest of her natural life,” Quigley said.

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