FTFY!

ernie p convicted on 33 counts
 

http://www.bloodhorse.com/horse-raci...paign=20100311

Paragallo Convicted of 33 Misdemeanors
By Blood-Horse Staff
Updated: Thursday, March 11, 2010 10:35 AM
Posted: Wednesday, March 10, 2010 6:37 PM

Ernie Paragallo, a prominent New York Thoroughbred breeder and trainer has been convicted of mistreating dozens of malnourished horses. Paragallo was convicted March 10 of 33 of 34 misdemeanor animal cruelty counts in a non-jury trial.

The 52-year-old Long Island resident was charged after authorities raided his 500-acre farm in Coxsackie in April and seized 177 malnourished horses.

Paragallo could face up to two years in jail and $35,000 in fines. His lawyer says he'll appeal the convictions announced by a judge March 10. The owner/breeder testified the week of March 1 that he didn't know the horses weren't being fed enough.

and reaction to his lawyers comments:

http://cs.bloodhorse.com/blogs/wgoh/...-burdened.aspx



Paragallo and Attorney Should Not Feel Burdened
10 Mar 2010 2:36 PM21 Comments

One thing that is apparent following the March 10 conviction of horse owner and breeder Ernie Paragallo of animal cruelty charges is that he hired the right attorney.

Paragallo claimed he had no way of knowing the horses were not being cared for.

His attorney, Michael Howard, was quoted after the verdict as saying, “This requires a horse owner to take on a very high level of burden.”

I wasn't sure whether to laugh or cry after reading Howard’s statement, though I can see why his client was found guilty if that was the basis of their defense.

Which count did he get out of?

i don't know-but with 177 malnourished horses, why were their only 34 counts?

and this, which explains why lawyers are held in such high esteem:

Michael Howard, Paragallo's lawyer, called the verdict disappointing and surprising and said he would appeal the convictions.

"This requires a horse owner to take on a very high level of burden,'' he said.


mmmm, ok. who the hell else should be responsible????

Unfortunately, all of these crimes were misdemeanors in New York State, not felonies. Regardless of the number of misdemeanors you are convicted of (i.e. 33 counts), and regardless that probably most, if not all, carry a maximum of one year imprisonment (which is probably the correct assumption that they all do based on the amount of possible fines), the maximum aggregate jail time one can get in New York on misdemeanors which technically carry the possibility of consecutive jail time is 2 years, which is the reason why he is facing a maximum of two years and not 33 years.

Undoubtedly, New York needs to upgrade many animal cruelty offenses to felonies.

Chris, I am not sure there is anything the Court can do (at least for the long term) to prevent him from owning horses, but I doubt highly that he will ever be able to obtain a license in New York to race horses again. The judge could Order as a condition of probation (if he receives probation, but then he could not get more than 60 days in jail, possibly 120 days if it is permissible to run consecutively which I have never seen before) and it would only be 3 years probation (maybe 6 years, again never seen misdemeanor probation run consecutively before). It is possible that an Order of Protection can be issued for 6 year period, but not sure that a judge can consitutionally Order him to stay away from all horses.

The one count he was found not guilty of was due to the fact that they witness the prosecution needed on that count was unavailable to testify and without that witness there was insufficient proof of his guilt beyond a reasonable doubt.

and this guy faces a $100K fine and one year in jail and the business another $200K fine for serving a package of endangered whale meat?

http://www.reuters.com/article/idUST...rpc=22&sp=true

Federal law vs. state law. I'm surprised the jail time is so light.

No surprise, but gets banned for life :)


http://www.thoroughbredtimes.com/nat...-for-life.aspx

I have a UN job for him in Afghanistan