EASTHAM — Richard Moore wants to overturn the select board’s April determination that his two huskies are “dangerous dogs” — a designation that allows the town to order steps to control the animals. At a June 28 hearing in Orleans District Court, Moore’s lawyer argued that the select board’s hearing had been poorly conducted and that the outcome was predetermined.
The town is standing by its process. The town counsel testified in court that the handling of the hearing had been thorough, and the town’s animal control officer defended her training, which was called into question by Moore’s lawyer. A decision on whether to reverse the select board’s determination is expected in two weeks.
The Town’s Hearing
Moore’s dogs, Barkus and Fernando, are kept at 20 Boreen Road and have histories of running loose and biting animals and people without provocation, according to documentation and testimony provided by Animal Control Officer Stephanie Sykes at the select board’s April 1 hearing and again in court last week.
Many people attended the April hearing, which had been prompted by a Feb. 9 incident in which the two dogs covered more than four miles over three hours, killing chickens belonging to a Meadow Road family and attacking an elderly mare in a paddock on Barrow House Road. The dogs roamed into Wellfleet and then back to Eastham, tying up police in both towns.
In addition to Sykes, several police officers testified at the Eastham hearing along with the owners of the chickens and a man who had been bitten by Barkus on a different occasion. The owner of the elderly mare said the horse had required treatment for lacerations to her rear legs. Sykes characterized the attack on the mare as “near fatal.”
Determining that the dogs were dangerous, the select board issued a list of orders to Moore, including installation of an enclosed and locked kennel with a roof and fencing sunk at least two feet into the ground, to be completed by April 30. The board also ordered Moore to muzzle the dogs and securely restrain them whenever they are taken off his property.
As of last week, Moore had not installed a kennel for the dogs.
In District Court
At the June 28 hearing, Moore’s attorney Emir Sehic told Assistant Clerk Magistrate Katie Sugermeyer that the select board had acted in bad faith in conducting the dangerous dog hearing. He argued that the members had already decided the outcome before the hearing began. Sehic told Sugermeyer that the board’s decision had already been typed and was ready directly following the hearing.
Sykes later said that the typed sheet was her recommendation to the board with a list of suggested requirements taken directly from state regulations regarding dangerous dogs.
At one point during his presentation, Sehic characterized the select board’s hearing as “a kangaroo court with everyone moaning and groaning.” He said the proceedings “were like Kabuki theater, where everyone is very loud, angry, and hostile. No decorum was maintained, and all the questions were designed to show the dogs were dangerous.”
Sehic complained that he had been allowed only to make a statement early in the hearing but was not allowed to cross-example witnesses.
“What due process were the Moores even given?” Sehic asked.
Magistrate Sugermeyer asked Town Counsel Connor Mullen of KP Law about the hearing process used for dangerous dogs. Mullen said the standards for such hearings are somewhat relaxed and can be set by local authorities. “There is no entitlement to cross-examine,” he told her.
Sehic said the crowd continued to harass Moore in the parking lot following the hearing. The lawyer said one driver swerved his car and nearly hit Moore’s vehicle as he left the lot and that Moore’s child was confronted about the dogs at school.
The level of animosity directed at Moore’s family has prompted them to buy a house out of state, Sehic said.
Moore declined to answer a reporter’s question about whether he planned to move from Eastham or was also keeping his Boreen Road house. It is not currently listed for sale.
During his testimony on June 28, Moore said he felt intimidated by the room filled with angry residents on April 1. “I felt attacked,” he said. “There were numerous accusations made after I spoke, and I didn’t have an opportunity to respond.”
Sehic questioned Sykes’s training for the job of animal control officer and pointed out it is one of several positions she holds. Sykes is also the town’s animal inspector, assistant harbormaster, and assistant shellfish officer.
“The only credible evidence received was from our expert, Matthew White,” Sehic said. White, a dog trainer, spent time with the dogs at his facility, Sehic said. “He said these dogs are not dangerous as long as they are trained and the Moores follow through,” said the lawyer.
Sykes told the clerk magistrate that she had completed state-mandated training along with several other sessions on topics including dog behavior and dangerous dogs. While she holds other positions in town, Sykes said, she works closely with police officers who assist with animal control.
Sykes said that dangerous dog hearings are rare. Initially, she said, she tried to work with Moore, making suggestions on fencing to keep the dogs contained. The attack on the chickens and the mare made this “a matter of public safety,” she said.
In his statement in court, Mullen said the select board’s review process had been thorough. “The board heard a great deal of evidence about the dogs’ history of escape, and evidence that in separate incidents both dogs had bitten a human,” he said. The Feb. 9 incident required responses from two different police departments, Mullen said.
Sugermeyer said she expected to provide a written decision in about two weeks after reviewing more than 60 pages of documents and watching a video of the select board’s April 1 hearing.
Outside the courtroom, Sehic said Sugermeyer can either reverse the select board’s determination or affirm it.
“If she affirms the town’s action, I have a right to appeal it to a judge,” Sehic said. In a phone interview, select board chair Aimee Eckman said she hopes Sugermeyer watches the select board’s hearing.
“I think it is unfortunate that the select board has to sit through these kinds of things,” Eckman said. “It feels somewhat antiquated that the select board holds the hearing.” She said she wishes such proceedings were instead handled by the police.
