" Botched" Grand Jury = 15 million dollar lawsuit against Columbia County
45,202 Supporters of "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. Feel free to join the discussion with any corrections, or additional comments or information.
We can review the "origin" of Nussinow's complaint in which she is demanding 15 million dollars in damages from the County of Columbia, CGHS, Perez, and DeLisle for false arrest, malicious prosecution and other assertions.
The County of Columbia submitted a Motion to Dismiss Nussinow's lawsuit, but omitted key evidence and indisputable facts in the motion which was denied in part by the court, and granted in part by the court.
Co-defendants Columbia Greene Humane Society (CGHS), Perez, and DeLisle; in "Nussinow v. the County et al" did not move for dismissal of this action. WHAT ?
By way of background, the NEW YORK STATE POLICE TROOPERS arrested Nussinow on 7/4/17 for eleven (11) counts of Animal Cruelty in violation of NYAGM laws Article 26 Section:353 "failing to provide sustenance" to over 38 horses. COUNT: 1,2,3,4,5,6,7,8 were for eight (8) malnourished horses and COUNT 9,10,11 were for over thirty (30) Thoroughbred mares, foals and other horses privately owned by Nussinow and a private boarder without any water in a hot barn, and various paddocks on a 90 degree day.
12/17 Paul Czajka, District Attorney for the County of Columbia convened a Grand Jury and assigned Trevor Flike, ADA to prosecute the case against Nussinow, and present the eleven ( 11 ) serious Animal Cruelty charges with supporting witnesses, experts, and evidence to the Grand Jury seeking an indictment.
According to Nussinow's testimony, Ron Perez, President and Animal Cruelty Investigator for CGHS, and Lee DeLisle, former Police Officer, and Chief Animal Cruelty Investigator for CGHS assisted Flike, ADA with the prosecution during the Grand Jury Hearing.
Perez and DeLisle "assisted" the NYSP during the investigation of Animal Cruelty violations at Blue Star Thoroughbred Farm sometime between 7/1/17 and 7/4/17. Perez and DeLilse signed sworn affidavits as to the emaciated condition of eight ( 8 ) horses identified in the NYSP Police arrest record known as COUNT/HORSE: 1,2,3,4,5,6,7,8. Danielle S., a licensed New York Veterinarian examined the eight ( 8 ) emaciated horses identified in the NYSP arrest record, and provided a brief description of EACH horse including color, approximate age, gender, and level of emaciation i.e. THIN, VERY THIN and EXTREME EMACIATION in a sworn affidavit. Danielle S., is an experienced equine Veterinarian, and participated in the infamous Ernie Paragallo animal cruelty case in 2009, where 177 Thoroughbreds were left to starve at a Thoroughbred Breeding Farm in Greene County, New York. Paragallo was subsequently arrested by the NYSP, and convicted in 2010 of 32 counts of animals cruelty. He was sentenced to two years in jail, fines, and ordered to pay restitution to horses rescue groups.
During the investigation of Blue Star Thoroughbred Farm the NYSP, Troopers, assisted by Danielle S. a licensed New York Veterinarian with vast experience with equines and animal cruelty cases took photos of eight ( 8 ) emaciated horse COUNTS: 1,2,3,4,5,6,7,8 and thirty other Thoroughbred mares, foals and other horses personally owned by Nussinow and a private boarder left without any water on a 90 degree day in a barn and various paddocks in violation of NYAGM 26:353 " failing to provide sustenance" NYSP additionally charged Nussinow with COUNTS 9,10,11. Photos were taken and sworn affidavits were entered into evidence.
Paul Czajka, DA assigned Trevor Flike to prosecute Nussinow's case. Flike, ADA is not an Animal Expert, and does not hold any higher degrees in Veterinarian Medicine, so by rule of reason, Flike, ADA required some assistance likely by Perez and/or DeLisle, both Animal Cruelty Investigators employed by CGHS. CGHS, is the lead Animal Cruelty Investigative Agency for Columbia County, N.Y. according to Nussinow's complaint, designated by Paul Czajka, District Attorney for the County of Columbia, additionally Perez and DeLisle were on scene during the Animal Cruelty investigation at Blue Star Thoroughbred Breeding Farm 7/17 and signed sworn affidavits as to the condition of the eight (8) emaciated horses in COUNT/HORSE # 1 2 3 4 5 6 7 8 identified as being THIN, VERY THIN, and IN EXTREME EMACIATION, plus thirty ( 30) Thoroughbred mares, foals, and other horses in a hot barn, and various paddocks left without any water in COUNT 9,10,11 " failing to provide sustenance".
So in order for Nussinow's "rescue defense" to be successful during the Grand Jury Hearing in our opinion, somebody tampered with the evidence, and obstructed justice by intentionally misleading the Grand Jury by dismissing charges for any emaciated horses personally owned by Nussinow, or HORSE !,6,7,8 and dismissed 30 Thoroughbred mares, foals and other horses left without any water on a 90 degree day in COUNTS 9,10,11.
Compounding the prosecution dismissing 7 out of 11 animal cruelty charges against Nussinow, all personally owned by Nussinow' and a private boarder, the Grand Jury was further misled by the prosecution by omitting expert evidence and testimony on file with the District Attorney's Office and the New York Attorney General's Office alleging Nussinow "neglected" the rescues while they were in Nussinow's custody, the same rescues she based her entire defense on during the Grand Jury Hearing !
So, in our opinion, based on a lot of factual evidence, and direct knowledge the Grand Jury was a total sham which directly led to the Grand Jurors voting NO BILL. Ninety ( 90) days after the "botched" Grand Jury, which we think was intentionally designed to benefit Nussinow, Nussinow/attorneys put the County of Columbia, CGHS, Perez and DeLisle ON NOTICE of a pending lawsuit for False arrest, malicious prosecution, and damages and filed a Federal 15 million dollar lawsuit one year later, all seemingly served on a "silver platter.
Does any of this pass the smell test ?