Stonington - Maggie the dog, confined at the town animal control facility since she picked up a dead bat in October, has had her three-month "sentence" reduced by a month and is expected to be home with owner Nancy Apthorp in time for the holidays.

The 9½-year-old boxer/Dalmatian mix was three months late for her rabies shot when she picked up the bat carcass. The town's animal control officer, Rae Jean Davis, ordered the dog quarantined for three months followed by three months of strict confinement at home.

Apthorp, a borough resident and business owner, filed a lawsuit claiming the dog was illegally seized, organized a rally and created a "Free Maggie" Facebook page. She has been worried about Maggie's health and said the dog has developed a serious skin infection at the dog pound.

The state Department of Agriculture and the state public health veterinarian recommended that Maggie's three-month quarantine be reduced to two months after reviewing Maggie's lifetime rabies vaccination history and concluding that the dog, if infected, would show signs of rabies within 60 days of contact with the bat.

"The Department is confident ... that the Department has thoroughly assessed the public health risk associated with Maggie's rabies post exposure management and balanced that with a concern for her health and welfare," wrote veterinarian Bruce A. Sherman, director of the state Department of Agriculture's Bureau of Regulation and Inspection, in a Nov. 25 letter to Stonington Town Attorney Brian K. Estep.

Tests on the bat remains were negative, though the results were deemed inconclusive because of the condition of the carcass. As a precaution, Apthorp, who touched the carcass, underwent a series of rabies shots.

Apthorp expects Maggie to be released on Dec. 22, after which she will have to keep her strictly confined at home for four months. Apthorp has admitted she was remiss in letting the rabies vaccination lapse but said that she, not the dog, should be punished.

"I really look forward to having her home," Apthorp said in a phone interview. "I can't wait. It will be wonderful to have her back here."

Apthorp said she will continue to speak out about the system and will not be dropping her lawsuit.

"We want long term change," she said. "This is not just about Maggie. It's about all animals being able to have due process."

Her attorney, Denise P. Ansell, said the state law on rabies has no provision for a hearing once a dog is seized by the town's animal control officer, even though the law authorizes the Commissioner of Agriculture and state veterinarian to set the period of quarantine.

"The only reason anything happened is because I called the Department of Agriculture and talked to the state vet," Ansell said. "A dog warden can take a dog into quarantine, so unless people hire a lawyer, what can you do?"

Estep, the town attorney, said the animal control officer would be issuing an amended quarantine order consistent with the state's recommendation. He said the town had followed the state guidelines in quarantining the dog, which had to be deemed suspect because it could not be proved she did not have rabies.

He also said the town would review its procedures.

"We are exploring a due process procedure for future rabies quarantine situations," Estep said.

k.florin@theday.com