Will Paul Czajka, District Attorney prosecute or pay Nussinow ?
" STOP the Animal Neglect in Columbia County, N.Y" would like discuss Nussinow's Federal complaint filed against the County of Columbia, Columbia Greene Humane Society (CGHS), Ronald Perez, President and Animal Investigator CGHS, and Lee DeLisle, former Police Officer, and Chief Animal Cruelty Investigator at CGHS.
We can try to separate FACTS from FICTION taken directly from Nussinow's complaint and voice our opinions.
Feel free to join the discussion with any corrections, or additional information. We can review Nussinow's complaint in which she is demanding 15 million dollars in damages from the County of Columbia, CGHS, Perez, and DeLisle.
Key evidence and indisputable facts for the Defense were not reflected in the Motion to Dismiss submitted by the County of Columbia. It appears CGHS never even bothered to submit a MOTION to Dismiss. The County and CGHS have not tried to disprove false statements made by Nussinow under oath during the Grand Jury Hearing 12/19, during depositions under oath, or during an initial interviews with Nussinow 6/18.
Nussinow's sworn testimony:
According to Plaintiff, from April 2017 until June 2017, she rescued approximately ten horses, all of which were in very poor physical shape, underweight for their size, had poor muscle and skin tone, and overall showed evidence of severe neglect, which is characteristic of horses caught up in the slaughter auction process. See id. at ¶ 25.
Response: "between 4/17 to 6/17 Nussinow often solicited money and property (auction horses) from the Public on the Internet, apparently misrepresenting the care she would provide the horses. Nussinow shipped, or caused to ship the property intrastate it appears with the intent to defraud the public. Nussinow instructed members of the Public to "wire" her money to her PayPal account Info@ xxxxxxxxxxxxltd.com.
It is unknown if Nussinow, in Chapter 12 Bankruptcy Protection since 10/2015, declared the donated property (10 horses) as income, or has declared the income derived from the same property upon the sale of the said property to the Chapter 12 Bankruptcy Trustee, or the IRS. "It is our opinion once Nussinow gained custody of the rescue horses she would often neglect and starve them". Nussinow testified under oath See id 25: "all of the horses were in very poor physical condition, shape, underweight for their size, and overall evidence of severe neglect."
RESPONSE FOR DEFENSE OF COUNTY OF COLUMBIA, CGHS, PEREZ, AND DELISLE.
Fact: 4/2017: HORSE # 094 Nussinow obtained custody of HORSE # 094, a registered grey QH mare rescue approximately 7 years old in very good physical condition, weight was average, or above average, and showed no signs of neglect. HORSE # 094 was so chubby when the mare arrived at BS Farm, Nussinow said she "thought she may be pregnant". FACT: # 094 was one of the ten "rescue" horses Nussinow testified she gained custody of between 4/17 to 6/17. # 094 was not in very poor physical shape, underweight, poor muscle and skin tone, and showed no signs of severe neglect when # 094 arrived at BS farm n Nussinow's custody.
FACT: 4/2017: Three (3) Equines: a dark Thoroughbred horse, red mini mule and roan pony mare: According to Nussinow FB postings, she solicited money on the Internet from the public to gain custody of the 3 equines. The Public, "eager" to help "save" the horses from going to slaughter "wired" money as instructed to Nussinow's PayPal account so Nussinow could obtain custody of the 3 equines she promised to properly take care of and to "save" them from going to slaughter. Nussinow shipped, or caused to ship the same 3 equines intrastate. The 3 equines Nussinow shipped intrastate on or about 4/17/17 included a dark Thoroughbred type horse, a roan pony mare, and a red mini mule. Nussinow posted pics of the 3 newly "donated" equines upon their arrival at BS Farm in the evening on/about 4/17/17. Each horse/mule appeared to be in very good health, were average, or above average weight, and showed no outward signs of neglect, or lameness when Nussinow gained custody. The 3 new equine rescues are listed below:
4/18/17: A roan pony mare "rescue" Lilly" previously covered in detail in a previous update came into Nussinow's custody as a healthy, well nourished "rescue" and 19 months later Nussinow sold " Lilly" fully emaciated". Nussinow sold "Lilly" to Catherine R. from Connecticut. Animal Cruelty complaints are on file with the NYSP and Connecticut Animal Control ( CAC ). CAC performed an investigation of the fully emaciated roan pony Catherine R. just purchased from Nussinow at the new owner's barn in Connecticut. It's our belief, the NYSP referred the Animal Cruelty complaint about " Lilly" to CGHS, the lead Animal Cruelty Investigative Agency in Columbia County. " Lilly" was one of the ten "rescue" horses Nussinow testified she gained custody of between 4/17 to 6/17. " Lilly" was "not" in very poor physical shape, underweight, with poor muscle and skin tone, and showed no signs of severe neglect when the mare arrived at Nussinow's 4/17.
4/18/17: A red mini mule "rescue" came into Nussinow's custody in good health, average, or above average weight with no visible signs of neglect. 1/2/20 New York State Police "seized" 38 neglected animals from Blue Star Thoroughbred Farm with a warrant, including a Red Mini Mule that appeared malnourished and neglected. The red mini mule was "not" in very poor physical shape, underweight, had no poor muscle and skin tone, and showed no signs of severe neglect when the mare arrived at Nussinow's 4/17.
4/18/17: A dark Thoroughbred Horse came into Nussinow's custody in good health, average, or above average weight with no visible signs of neglect. 1/2/20 New York State Police "seized" 38 neglected animals from Blue Star Thoroughbred Farm with a warrant, including a neglected dark Thoroughbred horse with ribs showing, likely the same dark Thoroughbred horse the public filed complaints about with 379 days earlier. The dark Thoroughbred horse was "not" in very poor physical shape, underweight, had no poor muscle and skin tone, and showed no signs of severe neglect when the mare arrived at Nussinow's 4/17.
4/2017: Chestnut pony mare from Cranbury Auction # 007. Nussinow solicited donations from the Public on the Internet who were "eager" to help "save" the pony from slaughter. Nussinow instructed the Public to "wire" money to her PayPal account to gain custody of the property ( pony) and shipped, or caused to ship the pony intrastate by misrepresenting the care she would provide. A few weeks later, Nussinow sold the still very thin chestnut pony called "Foxxy" to a Kait B. for a sum of $ 850.00. Kait B. provided adequate nutrition and proper care for "Foxxy" who quickly put on weight, and had improved body score condition in just a few short weeks. Kait B. then re-sold " Foxxy" to a young girl who continued to provide adequate nutrition and proper care to the pony. In approximately 2.5 months the pony appeared very health looking according to pics the new owner posted on social media. It's our opinion Foxxy # 077 arrived at BS Farm 4/17 skinny and Nussinow sold Foxxy skinny to Kait B. for $ 850.00 a few weeks after obtaining custody of the pony and soliciting funds on the Internet from the Public.
According to Nussinow's complaint, in December 2018, Perez, President of CGHS "personally" performed an Animal Cruelty investigation at BS Farm after the NYSP received multiple complaints of additional Animal Cruelty violations at BS Farm. Perez, President of CGHS was previously put ON NOTICE by Nussinow's attorney on 3/18/18 re: a pending lawsuit against the County, CGHS, Perez, personally and DeLisle, personally both employees of CGHS. Instead of Perez, President of CGHS and Animal Cruelty Investigator sending one of his "part time" Animal Cruelty investigators, or referring the case to an outside agency Perez chose to go to Nussinow's farm himself. In our opinion, Perez, President of CGHS used poor judgement when he chose to to "personally" perform the Animal Cruelty investigation against Nussinow at BS Farm 12/18, after participating in the "botched" Grand Jury against Nussinow in 12/17, being put ON Notice of a Pending lawsuit against Perez personally by Nussinow on 3/18, and as usual, failing to enforce any NYAGM laws against animal cruelty violations during his "personal" investigation.
12/18 Perez, President of CGHS "closed" the animal cruelty investigation against Nussinow despite a dark brown Thoroughbred horse located in the front field at BS Farm with ribs showing, a red mini mule in poor health, and complaints filed in New York and Connecticut re: an "emaciated" roan pony mare Nussinow sold to Catherine R, only weeks earlier shipped intrastate between New York and Connecticut without the necessary intrastate health certificate required by Federal and State law.
In our opinion, Perez, President of CGHS, also a defendant in a pending lawsuit "Nussinow v. the County of Columbia, CGHS, Perez, and DeLisle" with Nussinow claiming false arrest and malicious prosecution stemming from Nussinow's arrest 7/2017 was irresponsible at best, and gives the appearance of intentionally trying to "prop up" Nussinow's claims of malicious prosecution after he participated and testified before the "botched" Grand Jury 12/17 which strangely returned a NO BILL due to so-called lack of evidence, has already been put ON Notice of a pending lawsuit against him by Nussinow for assertions of malicious prosecution, and then proceeds to fail to enforce the NYAGM laws against animal cruelty with clear probable cause present.
In our opinion, this demonstrates a clear pattern shown by Perez, President of CGHS showing a favorable bias towards Nussinow by "hindering any criminal investigation" for animal cruelty complaints against Nussinow, owner/operator of Blue Star Thoroughbred Farm between 2014-2019, not any malicious prosecution.
See id. at ¶ 25. "she rescued approximately ten horses, all of which were in very poor physical shape, underweight for their size, had poor muscle and skin tone, and overall showed evidence of severe neglect" is a FALSE STATEMENT.
Indisputable Evidence: Nussinow obtained custody of 5 rescue horses in April 2017. HORSE # 094, Lilly, a roan pony mare, a red mule, a dark Thoroughbred horse, and a thin chestnut pony named Foxxy # 007.
All 5 "rescues" Nussinow obtained custody of in the month of April 2017 arrived at Blue Star Thoroughbred Breeding Farm owned and operated by Andrea Nussinow, all appearing healthy, average, or above average weight with no visible signs of neglect, except a thin chestnut pony named " Foxxy" # 007. Nussinow SOLD 2 rescues "Lilly" and "Foxxy" for approximately $ 2,000. " Lilly" a roan pony mare was fully emaciated after being in Nussinow's custody for 19 months. Nussinow gained custody of "Foxxy" thin, and sold or flipped "Foxxy" still thin to Kat B a few weeks later.
# 094 A Grey QH mare came into Nussinow's custody appearing very healthy, and average or above average weight. # 094 was removed by Kate C. from Nussinow's custody with a Court Order on 8/21/17 # 094 body condition was poor with her ribs showing and untrimmed hooves after being in Nussinow's custody for approximately 120 days. Fact: # 094 was in worse shape after being in Nussinow care, custody and control for 120 days than # 094 was at the "kill auction" in April 2017.
The dark Thoroughbred horse and red mini mule that Nussinow obtained custody of in April 2017 by soliciting donations from the Public by apparently misrepresenting the care she would provide. A neglected dark Thoroughbred horse and neglected red mini mule were both "seized " by the New York State Police, along with 36 other neglected animals in Nussinow's custody on 1/2/20 and suffered an extra 12 months because the NYAGM laws were not enforced 12/18.
Nussinow was subsequently arrested for the 2nd time for Animal Cruelty by the New York State Police on 3/17/20 charged with 35 counts of animal cruelty "torturing, injuring, starving" the animals.
So far, we have reviewed only 5 rescue horses Nussinow obtained between April 2017 and June 2017. 2 horses were sold for cash, including one pony that was fully emaciated after being in Nussinow's custody for 19 months, 1 neglected horse and 1 neglected mule were seized by the New York State on 1/2/20, one neglected horse was removed with a court order on 8/21/17 for the pony's safety was in very poor condition, and malnourished.
Opinion: DID the COUNTY of COLUMBIA, CGHS, PEREZ or DELISLE, the Defendants, and DEFENSE ATTORNEYS know the facts above ? Of course not, how could they, they haven't interviewed, deposed, or requested discovery documents that may help the County and CGHS defense Nussinow fraudulent 15 million dollar insurance claim, or perhaps the clients of the Defense Attorney's have not divulged any helpful information to defend the false allegations against the County and CGHS ?
In 2 pages and 2 hours Nussinow's "rescue defense" she testified during the Grand Jury without immunity has been disproven, and the evidence is already on record with multiple agencies.
There are several more pages to go, and likely there will be several more FALSE Statements made by Nussinow under oath identified.