Last week, the State’s Appellate Court shot down Annie and Neil Hornish’s appeal of the Town of Suffield’s decision to euthanize their dog Dexter, who fatally mauled 95 year-old Janet D’Aleo in 2019.
“The Appellants have continually refused to accept responsibility for this vicious mauling and have instead attempted to place the blame on anyone they could think of,” said Colin Moll, Suffield’s First Selectman, of the Appellate Court ruling. “The decision is particularly satisfying in that it rejected those arguments and again vindicated our Animal Control officer, our responding police officers and most importantly the memory of Janet D’Aleo.”
The town’s animal control officer ruled in favor of euthanizing Dexter shortly after the mauling attack, a decision the Hornishes then appealed before the Department of Agriculture (DOA). After the DOA ruled against the Hornishes in 2021, they appealed before the Superior Court, which ruled against them again in 2023.
The ruling on their most recent appeal, which was brought before the Appellate Court in December 2023, marks the third failure of the Hornishes to appeal the original decision, and their second legal loss to Suffield in recent months. In May, a judge determined that the Hornishes must pay the town $76,000 in back kenneling fees, to cover the costs associated with sheltering the dog. That ruling came in a civil suit the Hornishes filed against the town in 2022, accusing them of colluding with the kennel of conspiring to charge arbitrarily high boarding costs.
In their latest appeal of Dexter’s , they attempted to argue that the state’s General Statutes 22-358(c), which vests the authority to put down animals to municipal animal control officers, is in violation of the state’s separation of powers doctrine. They also argued that “procedural irregularities” in their appeal to the DOA deprived them of a fair hearing. The Appellate Court disagreed with both notions. The Hornishes said that Dexter’s execution would “solve nothing,” and that the court’s ruling “will set a dangerous precedent for misunderstood animals across the state.”
“I sincerely hope that this is the beginning of the end of this long drawn out matter,” said Moll. “For the last five and a half years, every day the elected officials of Suffield are asked about this dog case and when it will be over. The Town is exhausted by this unnecessary litigation.”
While the six-year legal battle has been highly expensive for both parties, the Hornishes indicated in a statement released yesterday that they are still considering ways in which they could further pursue an appeal.
“We are heartbroken and frustrated by the Appellate Court’s dismissal of our appeal regarding Dexter’s kill order,” the two said. “However, we remain committed to exploring all legal options—including a possible appeal to the State Supreme Court.”
In November 2019, the Hornishes presented at two settlement offers to the town, which would allow Dexter to live in one of two sanctuaries for aggressive animals, one of which is out of state, and both of which would indemnify the town of any future liability. Throughout the duration of litigation, Moll has attributed the town’s refusal to settle to its interest in ensuring public safety and attaining justice for the D’Aleo family. Moll told Inside Investigator that the “sanctuary ‘solution’” proposed by the Hornishes is “not a serious one.”
“One sanctuary is regularly visited by children and sending the dog there would unnecessarily put those children at risk,” said Moll. “The Board of Selectmen agreed to look into the other option but the facility refused to provide its insurance information so that the option could even be considered.”
He argued that Dexter is being put down because he is “unequivocally dangerous,” and that the DOA, Superior and Appellate Courts have all agreed. “The Town is committed to making sure that this vicious dog does not harm someone again, it is not more complicated than that,” said Moll.
The Hornishes, who have been outspoken critics of Moll’s administration and involved in local politics, believe Moll’s refusal to settle is purely punitive and politically-charged. Annie Hornish used to serve as a Democrat in the State House of Representatives, and Moll is a Republican.
“At every turn, the town of Suffield has tried to cloak their vengeance in a veil of community safety,” said the Hornishes. “But ask yourself – if two animal sanctuaries remain willing to allow Dexter to live out the rest of his natural life at no cost to Suffield taxpayers, what really is their motivation?”
The only option left for the Hornishes to further appeal the decision is the State’s Supreme Court, which is not guaranteed to take the case. The Hornishes have until Aug. 19 to petition for an appeal before the court, and both the Town and State would have ten days to respond. Moll said the Town would continue to fight any further attempts at appeal.
“The Town will continue to vigorously defend all appeals in the dog matter,” said Moll. “I note that the Town has a judgment lien against the Hornishes’ property related to the unpaid boarding fees that increases daily by the boarding rate. If they want to continue to pursue these unnecessary appeals, they do so at their own detriment. It is my hope that they will finally take responsibility for their dog’s brutal attack on Janet D’Aleo, accept the judgment and we can all finally close the book on this matter.”
Should this dog die? A legal battle after mauling death in Suffield
After mauling a 95 year old woman to death, Dexter the dog was to be euthanized. The legal battle is ongoing, and the pricetag is going up.
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A suggestion to resolve the Dexter dilemma: Aalborg Zoo. It’s in Denmark and it solicits unwanted pets to be fed to its wild animals, thereby maintaining the natural order of things. Dexter could be “gently euthanized” here, frozen, and then sent in chops and steaks to nourish the lions and tigers of the zoo. Or he could be released into the big cats den alive, providing them the thrill of the chase and kill, and providing Dexter the same experience he provided 95-year-old Janet D’Aleo when he mauled and killed her in 2019. Perhaps this would finally end the years of judicial nonsense and waste of taxpayer money that Suffield’s entitled Democrat has forced upon Connecticut. And think of the joy it will bring to Danish schoolchildren to know that their furry feline friends are being well fed.