Who is Kate Riviello?

1) Filed the First Criminal Complaint in History against NY ACC for lack of veterinary care, lawsuit pending.

2) Filed the First Criminal Complaint in History against NY ACC for corruption, theft conversion, and racketeering, not made public and lawsuit pending.

3) Filed the First Lawsuit in History either by paralegal or attorney to describe that since it is a felony to kill a dog, then the dog could not be considered property (state of NY).

3a) 2015: First Lawsuit in History against NYPD for not enforcing animal cruelty law (failed due to lack of standing, which we vow to correct on our next filing) (related to 3 Filing).

4) Filed the First Legal Brief in History (as a legal response in a housing issue) applying the ONE DROP RULE used in Jim Crowe days to compare Breed Specific Legislation against pit bull type dogs, successful, video produced (state of OK).

5) 2016 Filed the First Lawsuit in History by a Paralegal to have a dog removed from bite hold, successful in one hearing (state of West Virginia).

6) December 2016 Filed the First Lawsuit in History either by a Paralegal or Attorney comparing a dog to a child as a life (in allowing the ability to file an emergency injunction later than civil law permitted, state of Iowa).

7) 2017 Filed the First Lawsuit in History either by a Paralegal or Attorney describing the dog on bite hold as having a “soul” or nephesh in Hebrew meaning living, breathing creature (state of Virginia). (Zois et al v. City of Des Moines, Animal Rescue League 2016).

8) Deeogee, First Bite Hold Dog released either by Paralegal or Attorney, by pre-litigation with attorney at the Department of Health NYC, 2012.

9) Filed the First Amicus Curiae in History either by a Paralegal or Attorney to a Virginia Court to release the dog Jasper on bite hold (accompanied by the Second Campaign in History to Beg for a Governor’s Pardon, first on-line as the first request was in 1994 in NJ), ongoing 2017. 

 10) Started the First Protest Campaign Against New York Animal Care and Control in Feb 2011, with back-to-back protests for five years straight and criminal complaints filed.  Hosted the Largest Animal Rights Protest in NYC history for 25 years with 300 confirmed attendees at City Hall in September 2014 to Build True No Kill Shelters in Queens and the Bronx, and garner support for an OPEN BID to end the “three families of rescue” in NYC (NY-ACC, Mayor’s Alliance, ASPCA). 

11) Invented the term “TRUE NO KILL” (2012) in response to organizations fraudulently using the term “No Kill” thereby committing fraud (will file a criminal complaint against any organization that uses the term, rescue or shelter, for fraud if they are not in agreement with the terms laid out by NoKillAdvocacyCenter.Org.

12) Invented the usage of the color RED (2012) for animal rights protests, having established a Facebook page encouraging the movement to be well-recognized among the public during a demonstration, tee-shirts, hats, jackets, posters, etc.

13) Invented #sleepoutforanimals campaign in which we SLEEP OUTSIDE in protest (2015).

14) Invented the term “HOLDING A DOG HOSTAGE” and “HOSTAGE NEGOTIATIONS” when I successfully negotiated the return of a stolen dog for $1,000 cash no questions asked (unspayed basset hound stolen from blind woman in Queens) in about 1997 (we met in a “dark alley”).  The dog was found through contacts at the Town of Hempstead Animal Shelter and it was discovered that there was a connection to a breeding facility in Virginia.  A celebratory photo was taken at the District Attorney’s office at Nassau County.  (TOHAS used a Decompression Chamber in the past by sucking out oxygen from animals to suffocate them to death, which was ended at some point.)  This term also applies to when animal control facilities refuse to release a dog or cat when requested by a rescue (CAARA has been proposed since to allow any 501c3 rescue without violations to pull animals from any facility rather than be refused.)

Co-Founder

New York Animal Rights Alliance America

Starting June 2009:

Seven-year campaign against Cole Brothers, which helped end their tour in the Northeast (particularly Orange County) covering protests for eight hours each day.

Protest Campaign against Charles River Laboratories, one of the biggest if not the biggest animal supplier to the Vivisection Industry (including Huntingdon Life Sciences in NJ).

In February 2011, we kicked off our (Inter) National Protest Against Kill Pounds and BSL.

Our group with our Oklahoma group ended a one-year wildly successful campaign to END  THE GASSING OF ANIMALS in the city of Shawnee, an extremely controversial and politically complicated scenario, this campaign warrants a book onto itself.   Criminal complaints still pending. (2015-16)

Hosted a Protest in Fayetteville North Carolina, the first of its kind there against nightly sharp shooting of stray dogs. The contract to a Texas entity was ended. (2013)

The campaign to end Breed Specific Legislation in Iowa has begun this year 2017 with lawsuits, criminal complaints, rallies and protests, ongoing. 

The campaign to repeal the banning of the feeding of cats is under way in Ridgefield, NJ, in which I charged with the false violation of harassment against a proponent of the ban, (ongoing), 2016-17.  We will be headed to Florham Park, NJ.

The campaign to investigate the NJ-SPCA and prosecutor’s office as to why a dog named Sully was starved to death and the abuser was NOT charged with a third degree misdemeanor (only charged a fine) as proscribed by Patrick’s Law, that campaign will be a 10-part video series (ongoing). 

The campaign to expose slander and “fake news” in the animal rights and rescue arena. I will be filing a lawsuit against an individual(s) that have posted massive lies about me including “scamming” and other actual criminal activity. A video series will be produced to teach activists as to the anti-SLAPP laws and bring people through the experience of surviving massive slander (ongoing).

Maintained dog/cat rescue over 25 years.

 Protests, NY-ACC:
Feb 2011, Times Square 15 attendees.
June 2011, Herald Square, 50 attendees.
July 2011, Washington Square, 75 attendees.
July 2011, New York Animal Care and Control Board Meeting, with 100 attendees, mostly wearing RED and carrying signs. The hall could not hold the attendees. I spoke and made a speech as to garnering 1,000 protestors in Queens and 1,000 protestors in the Bronx to build True No Kill Shelters. As a result of our protest at the Board Meeting, another organization was able to tap Scott Stringer to act as a proxy regarding the massive incompetence at the facility.
2012, Queens Receiving Center, 75 attendees, NY1 coverage.
2012, Bronx Receiving Center, 75 attendees, we hosted a parade and marching band down the streets, video never released.

2012 Brooklyn ACC, 100 activists in 100 degree heat.
2013, Michael Vick protest at Nike with video for awareness.

2013, Queens Catering Hall, Protest & Rally with Vegan Buffet (First Dog and Cat Rescue Organization to Encourage Vegan-Only Events for Dogs & Cats), many speakers including mayoral hopefuls (one of which gained a seat at NYC Council).  Massive slander from a jealous crazed activist reported fake news of scamming from this event with lawsuit still pending.

2013-2017, Rescue dog stolen by three conspiring individuals, Muttkiss, with 95 page criminal complaint filed and considered “civil” – lawsuit is still pending with a law being designed to end the transfer of dogs and cats as a civil matter (ongoing).

 2014, City Hall protest, the largest animal rights protest in 25 years with 300 confirmed attendees.

 2015, The First SIT-OUT IN HISTORY at NY-ACC, where we sat outside and demanded True No Kill and an OPEN BID (we are the first and only group in history to demand that the laws be charged at the state level so that the government bureaucratic nonprofit entity with government cronies be replaced with a real True No Kill Animal Rescue Organization).

2016, Sleep-Out protests NY ACC (two), one at an animal abuser’s house in Crown Heights Brooklyn in 25 degrees and snow.

December 2016, Sleep-out protest and rally at Shawnee, OK, to end gassing.

January 2017, Hosting Protest and Rally at Animal Rescue League for sending their attorney to kill bite hold dogs (that are not really aggressive).

 2011 “Coffee Dog” Protest with two-part video produced, protested right at Shea Stadium, unresolved, however, Dept of Agriculture would be interested in pursuing if it arises again.

2012, Protest in Brooklyn, 100 attendees in 100 degree heat, NY ACC (noted above also).

2016 Protest, Co-Host of Ongoing campaign at Maricopa, Arizona, recently garnered about 100 protests in two nights straight, protesting horrid conditions there.

2016 Protest, Anti-Bear Hunting Two-Part Protest with video produced for awareness, at Capital Building in Trenton.

2015 Protest, Attended Anti-Bear Hunting Protest at weight station and produced a video of the event for awareness.

2016, Produced Nonprofit Raising Video Public Service Announcement, 20 minutes, for cat rescue.

2015, Speaker at Girls Catholic High School, Brooklyn, ARA topic.

2016, Regular on local political radio show 14 shows, hosting three one-half hour shows solo on animal rights.

July 2016

2016, Hosted Protests against a dog murderer who killed someone’s dog in Queens, produced video of victim and attended trials, met with DA of the new animal investigation division, abuser convicted of felony with five years probation.

2016, Political Campaigns with Legal and Rescue Assistance to Free Bite Hold Dogs, Blue dog in OK, Two Dogs in MN, Leah in Virginia and others.

*Anytime in my curriculum vitae that it was felt that it was a “first” we could not find another instance of that accomplishment occurring.  Should someone come forward with information that states that my accomplishment might have been second or third or tenth, it would be welcomed gladly.  We are all links in a chain and everyone contributing is what is important.

Our organization has been FULLY SELF-FUNDED, with donations not even equaling the amount of cat food that is used for our rescue.

On a personal level in 2016, I was helping a homeless person when I was stabbed multiple times and fought off my attacker who was arrested and imprisoned.  I have worked in the medical field for decades as medical assistant, nursing aide and surgical assistant, as well as medical paralegal for work comp and personal injury.

Protest Michael Vick as NFL Honorary Captain on Jan 18 NYC – Worldwide, & Jan 26 Orlando FL.

 

 

 

 

 

 

 

FOR IMMEDIATE RELEASE

Protest Against the National Football League (NFL) for Honoring *Michael Vick* as ProBowl Captain.

Who:  Organizers, Kate Riviello, Julie Elrod.

Locations/Date/Times:    

 FIRST DAY OF PROTEST:  January 18, 2020 – 12 noon to 2pm (rain or shine!)

The objective of the protest, along with the over one million signatures on petitions by other groups including Animal Viktory, is to compel the National Football League to rethink honoring Michael Vick as honorary captain, a convicted felon who engaged in dog fighting activities for over six years with exquisite horrible details revealed to the public about their torture and deaths.  The campaign is directed to Roger Goodell, CEO of the NFL Board of Directors.  Dog lovers across the nation are outraged and have called for a boycott of all sponsors.  Animal activists state that he did not serve time for animal cruelty but instead for federal charges of racketeering/conspiracy and that Michael Vick has never expressed sincere remorse.   We have requested that everyone nationwide protest wearing red and use the hashtag #ditchvick.  (Desmond’s Army from Connecticut with Zilla Monstrella attending NYC.)

Multiple Locations:

New York City:  345 Park Avenue, at 51^st Street, NFL Headquarters.

Los Angeles City Hall, CA (Angel Parisi).

Boston City Hall, MA.

Milwaukee, WI- Brando Lee.

Richardson, TX:  411 W. Arapaho Rd 12-2pm (Erin Warren).

More to be announced.

SECOND DAY OF PROTEST:  January 26, 2020, 12 noon to 4pm.

If Michael Vick is not removed from the honor of ProBowl Captain, a protest will be hosted One Citrus Bowl Place, Camping World Stadium, Orlando, FL at the corner of Church and Nashville Streets on January 26, 2020 from 12 noon to 4.  The protest in Orlando will feature two aerial banners from planes overhead that state, “No Michael Vick We Will Never Forget” and another banner stating “Goodell & the NFL Support Dog Torturers.”  The aerial banners will fly over the stadium before the event begins. There will also be a mobile billboard.

Kate Riviello, animal rights paralegal for almost two decades, filed the first lawsuit in history equating a dog to a child successfully using the argument that a dog is a “soul” (in Hebrew “nephesh”) according to the Bible as a “living, breathing creature.”   She continued, “We do not view animals as property and we do not view people as owners but rather guardians of precious lives.”  (Contact info (845) 856-7366, http://someonetookmydog.com, https://kateriviello.wordpress.com )

Julie Elrod is an independent rescuer and animal advocate, owner of the American Academy of Martial Arts in Columbia, Maryland, who stated, “A convicted felon does not deserve to be honored as a Captain of the NFL.”  She continued that, “Not only is it a terrible example for children, it dishonors the thousands of dog lives that were lost during the worst reign of dog fighting abuse in history.”  (Contact info (410) 707-9871, americad1@msn.com)

Link to NYC event page January 18, 2020:   https://www.facebook.com/events/494281174777732/

Link to Orlando event page January 26, 2020:  https://www.facebook.com/events/1439635022862328/

Media Alert: Protest Dr. Jay Kuhlman, Board of Directors, New York Animal Control, for New Policy of SPAY KILL with ASPCA

 

MEDIA ALERT

DATE/TIME:  Today, February 24, 2018, 1-3pm.

LOCATION:  37 East 19^th St, Dr. Jay Kuhlman, Veterinarian’s Office, Board Member NY Animal Control.

WHAT:  Protest Against the New Policy of SPAY KILL with ASPCA to surgically alter animals BEFORE they even have an adopter or rescue and most end up killed or die in their cages from postoperative complications.

HOST:  Kate Riviello (https://kateriviello.wordpress.com) , New York Animal Rights Alliance America

 

Fresh off the home protest of Risa Weinstock, CEO of New York Animal Control in Manhasset, Long Island, Kate Riviello now proceeds to protest at the business of Dr. Jay Kuhlman, a veterinarian on the Board of Directors specifically for the issue of their new “spay kill” policies.

Last September, when having appeared in NY Post for a protest and march to Gracie Mansion, the issue then was the fraudulent numbers of animals killed that the NY-ACC have released to the public with continued secret killing of adoptable cats and dogs.

As the secret killing continues with only 18 hours on the kill list for the public, the ASPCA has stepped in with what Riviello believes is a “sweetheart deal” between the entities.  She alleges that students and residents are performing these surgical procedures and that money is being exchanged for the favor of allowing it.  She states that she will file a lawsuit with an information subpoena to get to the bottom of it.

“Can you imagine that these poor little cats and dogs totally scared out of their minds to lose their families and shoved into these disease-ridden cages are then forced to undergo surgery?  And then salt to the wound, they then kill the poor dog or cat with their fresh painful stitches!  And a proper evaluation of the dog or cat cannot be performed without any decompression time whatsoever.  Some of them have died in their cages.”

The approximately 20 protesters will be holding signs that say “STOP SPAY KILL” and “FIRE DR. KUHLMAN” and wearing red in front of Dr. Kuhlman’s private veterinary practice.

Link to video at Risa Weinstock’s House in December 2017

 

Link to event page on Facebook:

https://www.facebook.com/events/327190861115624/

 

Kate Riviello Issues Criminal Complaint and Pre-Replevin for Dog Transferred After Guardian’s Murder in Memphis

FOR IMMEDIATE RELEASE

 Date:  6/24/17

What:  Police Complaint Filed in Albuquerque, NM, for Absconding with Lily the dog.  Spanning across Four States to include New Mexico, Tennessee, Mississippi and Indiana.

Where:  Castillo Family Living in Albuquerque, NM. 

Who:  David and Deborah Castillo, Kate Riviello, paralegal dog law expert (845) 856-7366 (http://www.kateriviello.wordpress.com, Who is Kate Riviello?)

 A young man named Dominic Castillo was living his dream traveling from state to state with his loyal petite tripod dog Lily when tragedy struck.  The circumstances surrounding the murder of Dominic in Memphis are still unclear, however, his precious Lily would go through an adventure that kept her safe but half way across the country from the only family and friends she had ever known.  Her parents, David and Deborah, devastated and running on adrenaline to solve their son’s murder, traveled from Albuquerque to Memphis.  They would learn that Lily had been transferred to a woman named Amela Gruenbart in Indianapolis.  The good Samaritans that found Lily never called the police or animal control in Memphis and “adopted” the dog to her.  When Gruenbart refused to return Lily to her rightful family, the Castillos hired dog law expert paralegal Kate Riviello who prepared a criminal complaint of possession of stolen property which was filed with their local police department in Albuquerque, as well as Memphis and Indianapolis. 

 Riviello contends that there is no “finder’s keepers” state and in every state an animal must be reported when found to authorities.  The laws that surround the responsibility of stolen property include that a consumer must beware of what one acquires such that if an item is extremely expensive with tags and one acquires that item for a very low price outside of a retail shop, the law holds that person responsible for prima facie evidence (on the face of it) that the item was stolen.  Lily is a tripod, meaning she has three limbs, with one limb having been removed through an extremely expensive surgery.  In addition, she had an expensive harness and collar, dragging a leash.  She was in good condition which lends itself to the fact that she was not away from her guardian for a long time. 

Riviello stated, “It is mind boggling that the good Samaritans of Memphis did not call the police or Memphis Animal Control, or even put up fliers and go door to door in the French Fort area where Lily was at large.  The rescue facility and veterinarian did not even call authorities.”  She continued that “if Lily had entered into Memphis Animal Control or police were notified, there was a high likelihood that the dog Lily would have been linked to the murder of her guardian, Dominic Castillo.”

 Deborah Castillo stated, “We just want our precious dog Lily back.  We have no understanding as to how someone could keep her from us.”  

 The Castillos are hoping that the police and District Attorney in Marion County, Indiana, will agree that Lily has been wrongfully transferred.  “We are hoping that the Sheriff will execute a warrant and place Lily in a neutral location for us to fly out to reunite her with our family.”  The murder investigation of their son is ongoing and the public is directed to contact Crime Stoppers with any information (901) 636-3300.

Amicus Curiae To Spare the Life of the Dog Jasper from Bite Hold, First in History by a Paralegal or Attorney

I have written the first Amicus Curiae to a Court of Law in History to release a dog from bite hold to the professional animal entity that wishes to save his life.  It  will be submitted  today to Judge Kirkpatrick. 

Also, the First Governor’s Pardon in History was requested by on-line petition to Governor Justice in West Virginia to spare the life of the precious dog, Jasper from bite hold.  (Another dog was spared by pardon of a governor in New Jersey in 1994 for a dog but not by petition (certainly not on-line!), by special request of the family!).

No. ______________________

In the Tenth Judicial Circuit

 Raleigh County Sheriff Department/Houck Family

Raleigh County Humane Society

 

BRIEF OF AMICI CURIAE

STATE OF

WEST VIRGINIA

 ____________________________

  

Kathryn F. Riviello, pro se

New York Animal Rights Alliance America

 

QUESTION PRESENTED

Whether, for purposes of adhering to the Dangerous Dog Laws of the state of West Virgina, a dog named Jasper should be killed for a crime committed two years prior with unsubstantiated claims that the dog was not provoked.

INTEREST OF AMICUS CURIAE

Amicus Curiae –  Amicus has significant interest in this case since it has been ruled by a higher court  that the Raleigh County Humane Society would have no standing after two years of professional care and guardianship.  The Supreme Court ruled that the Sheriff, specifically Sheriff Van Meter of Raleigh County would be the “owner” since the original owner at the time of the questionable incident with documented injuries “signed the dog over” to the Sheriff’s Department.  This decision punishes the Raleigh County Humane Society unfairly in that they are the party that should truly be considered the real party, i.e., the actual loving guardians of the sentient creature dog named Jasper.  The veterinary care, the activities of daily living, the visitation by the Board and visitors to the facility including children and trainers have been within the sovereign right of the Raleigh County Humane Society for two years.  These past two years are more than exorbitant to prove beyond a shadow of a doubt that their guardianship of the dog Jasper would be in the dog’s best interest, in a life-saving measure that cannot be quantified.  The Board of Directors of the Raleigh County Humane Society actively practices in the relevant field.  Their expertise and assistance has proven to be an invaluable tool in the society to whom they serve.

Amicus is a paralegal in dog bite matters, professional animal rescuer, and an animal control facility private agency investigator, and holds that this nonprofit entity has duly served this precious dog Jasper well and should continue to do so, as well as has served the community at large regarding all of their companion animal responsibilities, to the general public and the contracted municipalities.

If the Supreme Court ruling should stand regarding the Raleigh County Humane Society’s lack of standing in the matter of Jasper’s precious life, the spirit of ethical and moral animal welfare laws will be distorted to punish this true real party and Amicus.

ARGUMENT

This Case calls on the Court to affirm that the Dangerous Dog laws of the State of West Virginia were never intended, and should not be distorted, to interfere in the professional responsibilities and duties of companion animal guardianship within the realm of good morals and ethics in the best interest of animals.  When States have in the past formulated their Dangerous Dog laws, the intent has been protect the interests of public health, while also serving the constitutional rights of the guardian.  However, we have entered into new territory when the Oregon Supreme Court ruled in 2016 that a “dog is not mere property”  (State v. Newcomb).  “Reflected in those and other laws that govern ownership and treatment of animals is the recognition that animals ‘are sentient beings capable of experiencing pain, stress and fear,’” the court wrote in the unanimous opinion and therefore “dominion” of animals has “nuanced contours.”  Therefore it cannot be possible in a court of law that there is room for appeasement of victims or vindictiveness that a precious dog such as Jasper be killed when there is no other satisfactory legal argument to justify same.

According to psychologist and leading canine researcher, Stanley Coren,  Ph.D., of the University of British Columbia,  and several behavioral measures, Coren says dogs’ mental abilities are close to a human child age 2 to 2.5 years.  The intelligence of various types of dogs does differ and the dog’s breed determines some of these differences, Coren says. “There are three types of dog intelligence: instinctive (what the dog is bred to do), adaptive (how well the dog learns from its environment to solve problems) and working and obedience (the equivalent of ‘school learning’).”  It is respectfully submitted to this Court that the research and observations of this particular precious dog Jasper have not been quantified, examined, analyzed and studied to any degree so as to determine the propensity of the dog’s behavior into the future.  The Raleigh County Humane Society has testified that their trainer has evaluated the precious dog Jasper and no aggression whatsoever has been displayed, this after numerous behavioral studies meant to actually invoke aggression but no such behavior has been witnessed over the past two years of guardianship at their facility.  Therefore one might draw the conclusion that the circumstances surrounding the incident regarding the children and the dog were reported erroneously.  It is this very behavior over these past two years that should serve as evidence that the incident in question was not proven beyond a shadow of a doubt that the precious dog Jasper indeed was not provoked.  From state to state across these United States, no dog is held accountable for their actions when provoked and a death sentence should never be adjudicated when the circumstances might have reflected provocation.

In the decision, the Supreme Court departed from these well-established principles in stating that the Raleigh County Humane Society lacked standing as a viable entity to continue guardianship, after having proven responsible guardianship over two years.  This should not be the interpretation of the law.  Furthermore the Raleigh County Humane Society has had possession of the precious dog Jasper with complete control while the Sheriff Department has only possessed constructive possession, which would only be made possible by a transfer of guardianship by the Court.  That transfer of guardianship can only be viewed as ethical and moral if it was done in the best interest of the precious dog Jasper, and certainly to kill a dog that has exemplified stellar temperament with all manner of persons while in the guardianship of the Raleigh County Humane Society would not be this precious dog’s best interest.

The decision of the Supreme Court approach to standing for the Raleigh County Humane Society must be rejected because it conflicts with Dangerous Dog laws in the State of West Virginia which allows an entity to possess a dangerous dog with adherence to specific compliance, and would be an egregious infringement upon the life, liberty and pursuit of happiness in the best interests of the precious dog Jasper and the Raleigh County Humane Society to continue their successful and mutually desired relationship.  The Supreme Court however did not even arguably implicate, let alone proscribe, the actual killing of the precious dog Jasper and simply limited their unanimous decision to the standing of the Sheriff Department to whom the prior guardian of the dog Jasper transferred.  This Court then is the sole decision maker in its judgment as to whether the precious dog Jasper lives or dies.

In a prior Amicus’ brief  of injunctive relief (Zois, Riviello v. City of Des Moines 2016) it was successfully argued that an injunctive relief should be heard by the Court filed past the deadline because a dog equaled the life of a child, which was the only exception to filing late.   The Court proceeded to hear the case and to the issue of standing between the Amicus and an unexpected real party.

The Raleigh County Humane Society has specialized knowledge that the “lay public”, “career bureaucrats”, and political legislators lack (California Dental Ass’n v. FTC , 526 U.S. 756, 772 (1999).   It is to this expertise, knowledge and experience that should override a law enforcement agency, such as the Sheriff that claims constructive possession, with the audacious request for ability to seize and kill the precious dog Jasper.  A decision by the Court to render such a horrific and tragic judgment would shatter the view of equality and fairness under the law.

In the State of West Virginia, consider the following:

• 19-20-20. Keeping vicious dogs; humane officers may kill such dogs

Except as provided in section twenty-one of this article, no person shall own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle. Upon satisfactory proof before a circuit court or magistrate that such dog is vicious, dangerous, or in the habit of biting or attacking other persons or other dogs or animals, the judge may authorize the humane officer to cause such dog to be killed.

Acts 1981, c. 70.

• 19-20-21. License fee for keeping vicious or dangerous dog

Any person who keeps a dog which is generally considered to be vicious, for the purpose of protection, shall acquire a special license therefor from the county assessor. The assessor shall charge ten dollars for such license. Such license shall be required in addition to the license required under section two of this article. The keeper or owner shall properly secure such dog in such a manner so as to prevent injury to a person who lawfully passes through or enters upon the property of the keeper or owner. Nothing contained in this section shall constitute a defense to any action for personal injury, wrongful death or damage to property.

According to 19-20-20, “the judge may authorize the humane officer to cause such dog to be killed.”  This Court, by law, possesses the complete adjudicative powers to allow the precious dog Jasper to not only live out his life but to live out his life to the fullest manner with outgoing care and concern by a body of individuals with the experience, knowledge and compassion and set the standard for yet another municipality, as is sweeping the United States Courts, that animals are sentient beings and deserve the Court to rule in their best interest.  It is acknowledged by Amicus that best interests are traditionally assigned to children but as is obvious to this Court or should be, the best interests of the precious dog Jasper should entail all circumstances surrounding the Dangerous Dog designation, which does not in and of itself extend itself to the extinguishment of his precious life.

Amicus recognizes the following and special exception:

• 19-20D-1. Purpose

The purpose of this article is to protect the public by providing a private cause of action seeking euthanasia of a dog in magistrate court to a person who has been attacked by a dog resulting in personal injuries requiring medical treatment which cost $2,000 or more, or who has been attacked by the dog and the dog had attacked a person causing personal injury which required medical treatment within the previous twelve months.

Credits

Acts 2014, c. 41, eff. June 6, 2014.

• 19-20D-2. Procedure; petition to magistrate court; elements of action; burden of proof; attorney fees; limitation of action

(a) A person seeking relief under this article may apply to the magistrate court in the county where the dog owner resides, or the county where the injury occurred, by verified petition setting forth and affirming the following:

(1) That the owner of the dog resides in the county where the petition is filed or the attack giving rise to the action occurred in the county where the petition is filed;

(2) That the petitioner was:

(A) Attacked by the dog and the attack resulted in personal injuries requiring medical treatment in the amount of $2,000 or more; or

(B) Attacked by the dog and the dog had engaged in a separate attack on a person causing personal injury requiring medical treatment within the previous twelve months; and

(3) That the petitioner did nothing to provoke the dog.

(b) The petition and summons shall be served on the respondent in the manner set forth in Rule 4 of the West Virginia Rules of Civil Procedure.

(c) The petitioner must prove the allegations in the petition by clear and convincing evidence.

(d) The prevailing party is entitled to an award of reasonable attorney fees and costs.

(e) The limitations of the cause of action in this article are as follows:

(1) Relief, other than attorney fees and costs in subsection (d) of this section, is limited to an order directing that the owner of the dog have the dog euthanized; and

(2) The cause of action provided by this article does not establish statutory liability nor does it supplant a common law negligence cause of action.

It is absolutely rare according to Amicus’ studies of relevant scholarly peer-reviewed research that a dog bites a human unprovoked.  It is hereby put forth by Amicus that no matter the injury of the human(s) if the dog was provoked in any manner, the dog shall not be subject to killing.  There were absolutely documented disputes among parties as to the provocation of the precious dog Jasper and the circumstances of events surrounding the injuries that took place.  Therefor, a judgment to render this precious dog Jasper killed cannot be adjudicated in a fair hearing since the law proscribes that the dog be killed “only if the petitioner did nothing to provoke the dog.”  In Amicus’ opinion, it is absurd to believe that the precious dog Jasper did not sustain a degree of provocation by two small children that were unsupervised when the dog was loose and by way of the fact that the precious dog Jasper has been in perfect guardianship with Raleigh County Humane Society for two years bereft of aggressive incident and in fact exemplary in temperament.

CONCLUSION

          The judgment of the Court can only be ethically, morally and legally rendered so as to keep the precious dog Jasper’s best interests in mind and the only obvious option for same would be to remain in the possession of the Raleigh County Humane Society free to live out his natural life with the experienced and compassionate staff that he has come to regard as his family.

Respectfully submitted,

 

Kathryn F. Riviello, pro se

680 Rt 211 E, #3B-234

Middletown, NY  10941

(845) 856-7366

nokillnewyork@gmail.com

 

JANUARY 31, 2017

 

UPDATE:  Judge Kirkpatrick has upheld the decision to murder Jasper.  He is quoted as saying, “I like dogs but I like children better.”  This was not a fair hearing and the very least we will do is file for judicial misconduct.   The dog was provoked and under their law a dog cannot be killed for biting if provoked.  This is fascist, plain and simple – welcome to America.

UPDATE:  2/1/2017:

(1) We have made contact with persons who will be able to ensure that the Governor has reviewed our petition and my amicus to the Court.

(2) We are currently seeking an attorney to file on behalf of the original guardian who was illegally threatened with arrest BEFORE the issue of provocation was even brought to the Court.  She was coerced to surrender her dog Jasper and we are seeking to file an injunctive relief tomorrow 2/2/17.

Shawnee, OK: Victorious Removal of the Gas Box – The End of a One-Year Campaign.

FOR IMMEDIATE RELEASE 

9/21/16

 Who:  Dawn Gambrell, (405) 481-9705, Michael Rhoades (405) 921-4052 and Kate Riviello (845) 856-7366.

What:  Removal of Gas Box from the Shawnee Animal Control facility.

NoKill-NewYork.Org in conjunction with advocate representatives in Shawnee, Oklahoma,  have announced that after a year of advocacy there, working closely with the Shawnee Police Department, the gas box will now be removed.

In October 2015, Riviello released a video presentation on Facebook:

(link to page: https://www.facebook.com/Shawnee-OK-International-Protest-Against-Kill-Pounds-BSL-478814068968746/)

regarding a proposal to end gassing at Shawnee Animal Shelter.  In that presentation, requests that the administrator of the department be relieved, that two animal control officers could be transferred, a veterinarian could perform “euthanasia by injection”, along with suggestions for longer hours and funding for more comprehensive spay and neuter were presented to the public.  Most all of the suggestions outlined in her video were implemented.  After Gambrell appeared before the City Council with a discussion about the video-proposal October 2015, the City Manager, Mr. Erickson, announced that gassing would end by February 29, 2016 and a veterinarian would be brought on board.

When the administrator left Shawnee Animal Shelter in February 2016, the local police department took over the duties installing Major Taylor to oversee operations.  Since March 1, 2016, Taylor states regretfully that about 10 feral cats and one injured dog in the middle of the night were gassed, but systematic gassing of animals had ceased since that time.

On September 20, 2016, Chief Wilson and Major Taylor announced to Riviello of nokill-newyork.org that they are now prepared to go forward in removing the gas box completely.   A local Trap, Neuter, Release (TNR) program was discussed and will be implemented for roaming cats.  The police department is also looking forward to expanding the number of kennels in the facility.  An event to cover its actual physical removal is pending. 

International Protest Against Kill Pounds & Breed Specific Legislation 9/16/16 – 9/17/16 #sleepoutforanimals

FOR IMMEDIATE RELEASE 9/16/16-9/17/16

Activities to Protest New York Animal Care and Control in New York and Nationwide Locations will Highlight Criminal Complaints Against Animal Control Facilities.

The media is invited to these events, where there will be interview, photo and broadcast opportunities with rally leaders.

WHO: Kate Riviello, President, nokill-newyork.org; (845) 856-7366

WHAT: Sixth International Protest Against Kill Pounds & Breed Specific Legislation

WHEN: September 16 & 17, 2016 (Sleep-out locations 9/16 8pm to 9/17 2pm); see location list below for sleep-out locations or specific dates.

WHERE:  At these participating locations; details about these locations’ violations against animals are noted at the end of advisory.  Phone numbers noted are for local protest contacts in these cities.

• 9/16/-9/17: New York Animal Care & Control – 110^th Street & First Avenue, NY, NY; sleep-out location.

• 9/16, 7-10 pm: Maricopa County Animal Control, 2500 S. 27th Avenue (just south of Durango), Phoenix, AZ;  9/17, 7-10 pm: 2630 West Rio Salado Parkway, Phoenix, AZ, (480) 888 5019.
• 9/16-9/17: Des Moines, Iowa State Capital – Repeal BSL, sleep-out location (515) 897-2155.

• 9/16-9/17: San Antonio Animal Control, 4710 State Highway 151, San Antonio, TX, sleep-out location (903) 618-0431.

SIGNIFICANCE:
Kate Riviello, founder of NoKill-NewYork.Org, a leading voice for animal rights and activism in the New York metro area, continues her protest campaign against New York Animal Care and Control (operated under the auspices of the Department of Health in cooperation with the Mayors Alliance President Jane Hoffman). At the New York rally, Riviello will reveal over 20 criminal complaints with allegations of felony animal abuse, misdemeanor animal negligence, as well as conversion of grant dollars, conspiracy and racketeering. The group will sleep outside on September 16, 2017 in continuing protest. Plans include producing a 90-minute documentary on the event from video footage that will be captured at the locations and submitted to a major film festival for distribution.

• One complaint alleges that hundreds of cats are missing and presumed dead; two cat rescue organizations are unable to account for the current disposition of hundreds of cats that were pulled from the shelter’s “death row” with tens of thousands of grant dollars dispensed.
• In at least three other criminal complaints, it is alleged that three dogs were wrongfully killed by the rescues and veterinarians with felony charges filed.
• In dozens of criminal complaints, lack of veterinary care is alleged for each animal for which the complaints were filed.
• In another complaint, a dog named Popeye was wrongfully killed. He was fraudulently advertised for a specific adoption fee which was raised when the adopter arrived. When the adopter did not have the higher fee requested upon arrival, the dog was killed.

Complaints against these shelters/locations:

• Maricopa Animal Control in Arizona, which has one of the highest kill rates of cats and dogs in the country;
• San Antonio Animal Control in Texas, where the high kill rate persists and a stray dog named Faith was just murdered, even after the family was informed that the microchip was present and to come retrieve their dog (lawsuit pending);
• and Des Moines, Iowa, at the state capital, where Breed Specific Legislation is rampant throughout the state. The contracted facility, Animal Rescue League in Des Moines, has admitted to killing 10,000 dogs and cats per year.

At all locations, activists will wear red, chant, hold signs, and host press conferences regarding specific stories about certain dogs and cats. Activists everywhere will be contacting elected officials in these areas in the weeks leading up to the protest.

NoKill-NewYork.Org welcomes anyone anywhere to proceed to their local high-kill animal control facility and protest on these days (wearing red) and to make a video and send to nokillnewyork@gmail.com to include in the documentary.

For New York area information, call (845) 856-7366; for local contacts in other cities, call the numbers listed above.

UPDATE 9/16/16:  Unfortunately Miami, Chicago and Indianapolis are cancelled.  However, the above four locations are poised to host.

 

Media Alert: #JusticeforHoney, Queens, NY 4/27/16

 

MEDIA ALERT:

 **:  #justiceforhoney – Protest and Demonstration for a Chihuahua Named Honey,

       Brutally Murdered by Carlos Hernandez.

**   April 27, 2016, Wednesday morning, 8:30-9:30am.

**   Court – 125-01 Queens Blvd, Kew Gardens, NY, Courthouse Steps.

**   Kate Riviello, NoKill-NewYork.Org and Karem Belalcazar, Honey’s Guardian.

 As reported widely, including the Daily News and the NY Post, Carlos Hernandez brutally murdered a little Chihuahua named Honey by fatally bashing the little tiny dog’s head to the floor.   

 The group, with Honey’s guardian, will protest and demonstrate on the courthouse steps that Hernandez should be prosecuted to the fullest extent of the law in NY state.  Riviello quoted the law 353a that aggravated cruelty to animals includes that, for no justifiable purpose, he intentionally killed a companion animal and that that action was meant to cause extreme physical pain and was carried out in a depraved and sadistic manner.  Riviello and Belalcazar contend that Hernandez is a danger to the public and should be prosecuted as a felon as proscribed by law, not only to serve actual jail time but to be included on the new FBI database of animal abusers.

 The protesters will wear red, chant, produce a video, and carry signs that state, “Justice for Honey” for one hour before court session begins and then they will proceed into the courtroom to hear the first hearing on this matter.

Protest & Demand Full Prosecution for the Murder of Sully Dog

MEDIA ALERT

*Protest & Demand for Strict Jail Sentence Prosecution of Jennifer Caruso (formerly Cook)

*April 19, 2016, 12:30 to 1:30 pm

*Central Municipal Court, 71 Hudson Street, Hackensack, NJ

*Hosted by Chrissy Russo-Waller of The Greater Swiss Mountain Dog Rescue &

 Kate Riviello of NoKill-NewYork.Org

 Judge Louis Dinice will preside over the hearing of Jennifer Caruso (formerly Cook) in the starvation death of the dog named Sully, a Swiss Mountain Dog, with assistant district attorney William Miller. 

 The animal rights group, NoKill-NewYork.Org, along with the Greater Swiss Mountain Dog Rescue, is demanding prosecution that fits the violation of the law and no plea be entertained in this case.   Sully was starved and dehydrated to death in which Caruso abandoned the dog to die with depraved indifference to his suffering.  The animal groups hold that there can be no excuse to have left the dog to die in such cruel fashion at 442 Crest Drive, Northvale, NJ. 

 “The District Attorney of Bergen County, Gurbir Grewal,along with ADA Miller, must set a precedent that animal abuse will not be tolerated and will be prosecuted to the fullest extent of the law,” said Riviello.

 The protesters will stand outside the court house holding signs, chanting, and wearing red.  They will also be videotaping a documentary and welcome citizens to come with their statements.  They will also proceed into the courtroom at 1:30pm for the hearing.  The animal groups can be reached at (845) 856-7366.

 

Media Alert: Protest at Home of June Wiggins-Hercules to Demand An Arrest

MEDIA ALERT – FOR IMMEDIATE RELEASE

EVENT: Protest and Demonstration at the Home of June Wiggins-Hercules of Crown Heights, Brooklyn, NY to Demand that She Be Arrested for Animal Cruelty for Two Dogs Left Out in Blizzard.

DATE: January 29, 2016, starting Friday evening 8pm.

WHO: NoKill-NewYork.Org, host, phone (845) 856-7366, Kate Riviello, President.

WHERE: Home of June Wiggins-Hercules 1035 President Street, Crown Heights, Brooklyn, NY.

Last year, as reported in The NY Post, Kate Riviello of nokill-newyork.org filed a lawsuit against the NYPD for not enforcing animal cruelty law for a dog named Jake left outside all winter in Staten Island. That lawsuit was tossed out in Superior Court for “lack of standing” with the judge stating that the activists did not personally suffer. Riviello contends that common sense should have prevailed and the perpetrators of leaving dogs outside to freeze in the winters of NY should be arrested.

According to precedent setting case law in NY state, a doghouse should have insulation, be off the ground, have a flap and the dog should have a constant source of water 24/7. Since Wiggins-Hercules was found in violation with the senior dogs howling into the night and a neighbor videotaping for evidence, the group contends that she should be arrested. Riviello states that it is a misdemeanor to allow a dog to suffer in extreme inclement weather so as to sustain physical injury and extreme stress.

The group will stand outside of the house and hold signs, wear red, chant, and videotape an educational video with the contemplation of a lawsuit to be filed against the NYPD.

UPDATE 2/3/16:  We will be posting the video of the protest where we slept outside this house for ten hours in 24-27 degrees at night.  We have activists on the lookout at 3am when neighbors state that they hear the dog howling every night.  Most importantly, we are going forward with the lawsuit to have Wiggins arrested and the remaining dog seized.