Tuesday, February 10, 2015

Press Release - Matthew Miller conviction



FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 10, 2015
RE:  PRESS RELEASE – MATTHEW MILLER
ULSTER COUNTY JURY CONVICTS KERHONKSON MAN FOR EXECUTING DOG
On February 6, 2015 an Ulster County trial jury convicted 31 year old Matthew Miller of Baker Road in Kerhonkson of Aggravated Cruelty to Animals for killing a 9 year old dog.  In March of 2014 members of the Ulster County SPCA went to Miller’s residence to investigate reports that dogs had been shot at the residence.  The SPCA investigators observed blood and recently turned earth in the snow covered premises.  When questioned Miller told the investigators that he had shot a stray dog that had wandered onto his property and was badly injured in a fight with another dog, claiming he shot the stray dog to put it out of its misery. However, when the investigators exhumed the dog they found that it had not been injured nor suffered any type of distress. A necropsy showed that the dog had been shot at least once through the ear canal. During the investigation the officers learned that the dog was, in fact, not a stray but a pet, Ivan, who had been temporarily entrusted to Miller’s care from his longtime friend Lauren Kosonen.

Ivan had been rescued at the age of about 6 months after he was found tied up and left in the snow without water or food at an abandoned premises.  A teenager committed to rescuing abandoned and distressed animals, Lauren Kosonen, heard about the plight of the 6 month old puppy and set out to rescue, adopt and care for him.  Miller knew what Ivan meant to Lauren, having seen her relationship and interaction with the dog and other animals over many years.

During the trial, after the prosecution rested its case, the defense called Brian Padusnak, a friend of both Miller and Ms. Kosonen, who admitted that the dog was not a stray, and identified the dog as Ivan, but told the jury that Ivan had been attacked by a stray dog and was badly injured.  Through cross examination Assistant District Attorney Nneji was able to point out a number of inconsistencies with that story which, also, was belied by the medical testimony of the veterinarian.  Miller did  not take the stand.

At the conclusion of the 3 day trial the jury deliberated for about 2 hours and returned a verdict of guilty on the sole count of the indictment which charged Miller with Aggravated Cruelty to Animals, a felony, which carries a maximum of 2 years incarceration under NYS Agriculture and Markets Law.

The case was prosecuted by Sr. Assistant District Attorney Emmanuel Nneji.  Miller was represented by attorney Russell Schindler. The defendant is scheduled to be sentenced at 9:00 AM April 3, 2015 by Judge Donald A. Williams, Ulster County Court judge.