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    Wednesday, May 08, 2024

    Norwich dog owner appeals destruction order to Superior Court

    Norwich — The owner of two pit bulls ordered destroyed after they allegedly were involved in a vicious attack on two young children and their grandmother in October 2013 filed a court appeal this week challenging the state agricultural commissioner’s ruling upholding the destruction order.

    Sheri Speer of 151 Talman St., Norwich, filed an appeal in New London Superior Court of state Agriculture Commissioner Steven K. Reviczky’s Aug. 5 ruling that upheld Norwich Animal Control Officer Michele Lombardi’s order that the two dogs be put down.

    Speer’s attorney, Edward Bona of Norwich, argued that the Department of Agriculture failed to conduct a state-mandated examination of the dogs 14 days after they were taken into the city’s custody.

    Bona also repeated that the Norwich Police Department failed to investigate whether other dogs in the Talman Street neighborhood were involved in the attack.

    “If her dogs are destroyed, the loss of companionship and emotional distress Ms. Speer would endure is indescribable,” Bona wrote in the complaint. “The sentimental value is overwhelming.”

    Lombardi issued the destruction order for both dogs Oct. 15, 2013, after a police investigation into the attack.

    Speer appealed to the state Department of Agriculture, claiming her dogs were secured at the time and city officials ignored evidence that other pit bulls roam the neighborhood.

    According to the police record and testimony at the Aug. 25, 2014, Department of Agriculture hearing before hearing officer Dr. Bruce Sherman, the attack occurred in front of Speer's house on Talman Street on the afternoon of Oct. 8, when grandmother Lisa Hall was escorting her three young grandchildren from their home at 123 Talman St. — a rental house owned by Speer — to the Bishop School playground.

    One dog attacked the baby stroller carrying then-9-month-old Marquice Downing, knocking the stroller over and causing a minor bite wound on the baby’s forehead.

    The baby’s sister, Marlena Downing, then almost 5, stuck her arm out to protect the baby. The dog latched onto her arm, shaking it, tearing flesh and breaking her arm.

    Photos of the girl's red-and-purple, bruised and swollen arm were shown at the Department of Agriculture hearing.

    Hall kicked at the dog, and a passerby grabbed a stick and struck the dog. At one point, the dog bit Hall’s leg.

    Marlena’s twin sister, Audrena Downing, ran screaming toward her home. The second dog chased her.

    She banged on the door of another tenant in the house, and the woman let the child enter. She hid behind the couch until police arrived.

    The dogs have been in city custody with minimal human contact for nearly two years, with the city paying for their upkeep.

    Lombardi has said numerous times, and again on Wednesday, that the dogs have suffered from the long confinement and are getting worse. Skyler, now 7, is depressed and uninterested, Lombardi said.

    Dolly, now 3, has become psychotic and is very aggressive toward people and other dogs.

    In the criminal case, Speer pleaded guilty to two counts each of allowing dogs to roam, having nuisance, vicious dogs and unlicensed dogs and one count of failure to vaccinate against rabies. Skyler was not vaccinated, and Speer paid a $385 fine.

    Speer attempted to plead under the Alford Doctrine, under which she would have disagreed with the allegations but pleaded to avoid a trial, but the state did not allow the Alford Doctrine plea.

    Speer also filed suit against Lombardi in the incident. That case was dismissed from New London Superior Court, and Speer has appealed to the state Appellate Court.

    c.bessette@theday.com

    Twitter: @Bessettetheday

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