Declining to euthanize dog not a crime, SJC rules
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The state's Supreme Judicial Court ruled a woman who took her ailing dog home instead of euthanizing him did not commit a crime.
Why it matters: The case could affect anyone in Massachusetts who is torn between following medical advice and giving their pet a natural death at home with loved ones.
Catch up quick: Maryann Russo was charged with cruelty after animal control found her 14-year-old dog Tipper with a distended stomach, bed sores and shallow breathing in February 2021, per court documents.
- Russo had been told the prior December that Tipper needed surgery. When she returned weeks later, a vet noticed a "large necrotic mass."
- The vet said Tipper would not survive surgery and recommended euthanasia.
- Russo said she would get Tipper euthanized elsewhere and took him home.
The latest: The SJC ruled the state couldn't prove Russo and her family knowingly or intentionally caused Tipper to suffer, as the animal cruelty law requires.
- The ruling noted the SJC doesn't dispute the details of the case or condone what happened.
What they're saying: "Here is somebody giving the dog every last chance, not giving up on it like we would do for any loved one," Michael Santomaro, one of the attorneys representing Russo, tells Axios.
- "She's caring for it, and they're charging her with cruelty."
The other side: Ally Blanck, the Animal Rescue League of Boston's advocacy director said in a statement, "While this ruling was not the desired outcome, ARL law enforcement will continue to advocate to protect animals in the commonwealth from unnecessary suffering."
Zoom in: Animal control got involved after the vet contacted the ARL about Tipper's appointment in January.
- Sgt. Paul Parlon called and left notes at Russo's house repeatedly before getting a call back from her saying Tipper was recovering, per court records.
- But he said he couldn't get ahold of her when he followed up to see Tipper in person.
- He visited the house in February. Russo wasn't home, but her parents were. Russo's mother brought Parlon to Tipper, who was laying on linen on the couch, wearing a diaper.
Parlon said he noticed Tipper's shallow breathing and stiff leg.
- He told the parents Tipper needed medical intervention, and they asked him not to report it, per the court documents.
- Russo's father told Parlon he was "sick of this America that lets people kill dogs … All I do is love my dog," per court documents.
- Instead, Parlon said he would be seeking a court order. Russo's parents told him to leave and not come back, per the ruling.
- Officers ultimately seized the dog and euthanized him. By the time Russo found out and tried to find Tipper, he had already been put down, Santomaro said.