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Thread: Coco

  1. #21
    CK1
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    Quote Originally Posted by gaby View Post
    CK, I just saw the video of what coco looked like when they found her. if that was a dog missing for 24 hours and you could see her bones like that, she'd be dead by now if they didn't adopt her. no way that dog was well treated and looked like that, no way. Since there was no contract here, the Judge really had to base his decision on credibilty. I'm sure if he saw that video of the way the O'Connell's found the dog, then that was enough for him to decide that the O'Connell's were more credible.

    An appeal is expensive. First they need the transcript, which will probably cost close to $1,000. Then they have to pay the attorney's fees again for the appeal court which will take probably another year or two if Massachusetts is anything like NJ's court system. And I guarantee you the appeal's court will uphold the Judge's decision. And the reason I'm so sure is because if the Judge was acting as jury in this case, which he was, appeals courts never overturn credibility issues. Its only legal issues they decide. They can't overturn a Jury's decision but can overturn the Judge's legal findings if the judge applied the law incorrectly. I don't see that in this case at all. And on a side note, I saw Lisa giving the dog treats. Bet she never got treats before, lol....
    Gaby, I completely agree!
    After seeing those two pictures of Coco being starved and dehydrated, I fully understand why they brought her to a vet. And she absolutely looked like a stray dog nobody cared for.

    Thanks for the explanation about the court procedures and possible appeal. What is the time frame for an appeal, do you know?

  2. #22
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    45 days to actually file papers, that's in NJ but I assume it's similar elsewhere. That's from the date on the judgment by the judge. It won't get heard probably anywhere from one to two years after since there are tons of appeals for criminal cases that hold precedence.

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    Senior Member WaltVB's Avatar
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    Right on!! Everyone loves a happy ending!

  4. #24
    Senior Member brady bear's Avatar
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    Videos brought sad tears...and then happy ones.
    Glad she is in a safe happier place and I am so sure she is making a difference in the proud parents lives...

  5. #25
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    North Attleboro family wins custody in Aruba dog case

    Posted: Wednesday, August 5, 2015 11:17 pm | Updated: 11:42 pm, Wed Aug 5, 2015.
    BY DAVID LINTON /SUN CHRONICLE STAFF |

    ATTLEBORO — Coco, the dog from Aruba at the center of an international struggle in a lawsuit in Attleboro District Court, will get to stay at her home in North Attleboro.

    Lisa-Marie O’Connell, who was sued over the dog by two residents of Aruba, was awarded ownership of the mixed-breed dog in a decision by Judge Edmund Mathers, who heard the two-day trial last month.

    “I’m over the moon. Ecstatic. The easy thing to do would have been to give the dog back. I did the right thing,” O’Connell said in an interview with The Sun Chronicle.

    “I won. I feel I will be forever indebted to the judge. He got it right,” O’Connell added.

    O’Connell was vacationing with her husband Dan in October 2014, when they and others came across two dogs on the beach which she testified were hungry, thirsty and covered with ticks. The dogs had no identification tags, she testified.

    The O’Connells took Coco to a veterinarian on the island and ended up adopting her with the help of an animal welfare agency.

    O’Connell testified she feared Coco would be euthanized by authorities in Aruba, which has a policy of killing stray dogs because they are so prevalent.

    An animal welfare volunteer testified that authorities euthanize 8,000 dogs a year and that her organization assists with the adoption of about 150 dog a year, mostly by tourists.

    The O’Connells were sued by Cornelia Hajdirnyak and Howard Tromp, next-door neighbors in Aruba who contended they had a co-ownership agreement of the dog they called “Whitey.”

    They contended the dog ran away or got lost at some point while Hajdirnyak was at her home in Switzerland.

    After she learned the dog was adopted by a tourist, Hajdirnyak testified, she and Lisa-Marie O’Connell ended up exchanging emails. She testified she offered to buy O’Connell a rescue dog and pay all her expenses if she returned the dog she knew as Whitey.

    But in his five-page decision, Mathers found that Tromp and Hajdirnyak had not established that they owned the dog and that the ownership agreement they presented as evidence was not valid.

    The judge also found portions of their testimony inconsistent or not credible. For instance, the judge found inconsistent that they would craft an ownership agreement, and yet “be so lax as to allow the dog to run freely on a regular basis without a collar, identification tag” or an implanted computer identification chip.

    He also ruled that even if the neighbors had legal ownership, it was surrendered “when they neglected to provide the basic needs of the animal ... allowing her to become a stray.”

    The judge noted Tromp made little or no effort to locate the dog.

    Mathers wrote that the care the dog was receiving at the time “was haphazard at best and likely to come from concerned tourists as from Mr. Tromp or a housekeeper.”

    The neighbors’ lawyer, Keith Langer of Wrentham, said he has not read the judge’s decision and could not comment on the ruling or whether his clients would appeal.

    The plaintiffs have 30 days to appeal.

    http://www.thesunchronicle.com/news/...e62da5b9b.html
    Last edited by CK1; 08-06-2015 at 04:29 PM.

  6. #26
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    This article I just posted answers many questions I had. For instance, on what the judge based his decision.

    IMO, many FACTS came now out during this trial.

    I'm very happy about the judge's rules. He got it right!

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    This was wonderful news. I am very happy for Lisa and Dan and, of course, Coco.

    Here is a link to the article in the Sun Chronicle: http://www.thesunchronicle.com/news/...tml?mode=story

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    It came down to credibility like I said. Their appeal filing is less than ours in NJ. They have 30 days, we have 45 days. It's over now, Coco has the best home. CK1, my husband saw the video you posted of Coco in Aruba & called me & said did you see what that dog looked like. No way it was missing 48 hours. And that would be worse anyway. If they had the dog and that's what she looked like, then they weren't feeding her. That doesn't happen in 48 hours.

    anyway, let's hope Lisa every once in a while posts updated photos so we can see how Coco is doing. She's kind of been adopted by most everyone on this forum

  9. #29
    CK1
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    Yes, Gaby, those two pictures shown on that video speak volumes! As the judge noticed, Cornelia, Howard and the housekeeper would not even provide the basic needs of an animal and would allow her to become a stray.

    And as you stated: credibility. Or the lack of it. Too many inconsistencies and "misrepresentations".

    What a lovely idea! I would love to see pictures of Coco occasionally if Lisa has the time to post them here!

  10. #30
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