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    Friday, April 19, 2024

    Appellate Court dismisses appeal of Norwich dog destruction order; decision not yet final

    Norwich — A state Appellate Court judge has dismissed an appeal by the owner of two pit bulls held at the Norwich dog pound under a destruction order for nearly six years after the owner failed to file required documents in court by a Sept. 19 deadline.

    Owner Sheri Speer had appealed a New Britain Superior Court ruling in favor of the state Department of Agriculture’s order affirming the city of Norwich’s order to put down the two pit bulls following a vicious attack Oct. 8, 2013.

    The Sept. 20 dismissal order in Appellate Court came after Speer had been ordered in July to file a transcript of Superior Court proceedings or a court reporter’s acknowledgment with an estimated date for delivery of the transcript. On Sept. 9, a court filing stated Speer’s appeal “has not been pursued with proper diligence,” and ordered her to file the transcript or estimated delivery date by Sept. 19.

    “As neither of the above documents have been filed, you are hereby advised that the appeal is dismissed,” the Sept. 20 order stated.

    But the dismissal is not the final word in Speer’s six-year legal battle to reverse the dog destruction order. The process allows her 10 days from the Sept. 20 dismissal to file a motion asking the court to reconsider the order.

    Speer could not be reached for comment Monday.

    This is Speer’s second time bringing the case to state Appellate Court. She prevailed on a previous appeal, when an Appellate judge ordered that the Superior Court had erroneously dismissed her first case. In the second case, New Britain Superior Court Judge Sheila Huddleston ruled against Speer on May 6 after a hearing in April and denied her request for reconsideration 10 days later. She appealed that ruling to Appellate Court in June.

    The two female pit bulls — Skyler, now 10 years old, and Skyler’s daughter Dolly, now 6 — have remained at the Norwich dog pound under a limited contact order, with the city paying for their care throughout the nearly six-year impoundment.

    The attack occurred on Oct. 8, 2013, in front of Speer’s home at 151 Talman St. Lisa Hall was walking her three young grandchildren from their home at 123 Talman St., a rental house owned by Speer, to the Bishop School playground.

    One dog knocked over the baby stroller carrying then-9-month-old Marquice Downing and inflicted a minor bite wound on the baby’s forehead. The baby’s sister, Marlena Downing, then almost 5, was hailed as a heroine after she stuck her arm out to protect the baby. The dog latched onto her arm, shaking it, tearing flesh, breaking her arm and inflicting bite wounds down to the bone, according to court records. Marlena Downing needed screws to repair her broken arm and spent four days in the hospital.

    A passer-by stopped his car, grabbed a stick and struck the dog, while Hall kicked the dog and was bitten on her leg.

    During the attack, Marlena’s twin sister, Audrena Downing, ran screaming toward her home. The second dog chased her. The girl banged on the door of another tenant in the house, and the woman let the child enter. The girl hid behind a couch until police arrived.

    Police could not discern which dog, as they were similar in appearance, attacked the victims and which one chased Audrena. The city took both dogs into custody, and Animal Control Officer Michele Lombardi issued a destruction order on both.

    Speer appealed first to the state Agricultural Department, and Agricultural Commissioner Steven Reviczky affirmed the destruction order in August 2015 after a hearing.

    c.bessette@theday.com

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