City Considering Freeing Buddy, the Golden Retriever on Death Row

The City of Milford is considering freeing Buddy, the Milford Golden Retriever on death row, Milford Patch has learned.

The about-face comes after Buddy's owner, Victoria Stillings, enlisted the help of The Lexus Project, an animal rights group that recently saved another Connecticut dog from certain death.

Buddy has been quarantined at Milford Animal Control at Silver Sands State Park since late last year after being accused of attacking other dogs and, in the process, hurting humans. Milford Animal Control issued a disposal order on the dog.

Stillings appealed, but the state upheld the city late last month. When she received that decision recently, a devastated Stillings reached out to The Lexus Project -- and they took up the cause.

The group's co-founder, attorney Richard Rosenthal, has asked that he be allowed to take Buddy out of state, where the Golden could get re-socialized before going to a new home.

"We're hoping to be able to work this out," Rosenthal said.

Now, Milford's Chief Animal Control Officer Rick George says he's reviewing a "stipulated order" that would allow Buddy his freedom, under certain conditions.

"We're reviewing attorney Rosenthal's offer and taking it under consideration -- and contacting all the parties within the state," George told Milford Patch this afternoon.

Raymond Connors, a spokesman for the state Department of Agriculture, which upheld the city's decision to put down Buddy, said he was unaware of any such agreement.

The city is prohibited from putting down Buddy until the issue is legally settled.

Buddy, 11, was put in solitary confinement at the Milford dog pound at after he attacked other dogs in three separate incidents. Animal control officers had warned Stillings to keep a muzzle and leash on the dog after the first two incidents -- but Buddy managed to get free and get in trouble again.

Although no person was injured in the first incident, humans were hurt in the two other instances. In the second attack, a woman complained Buddy bit her on the hand as she tried to pry him from her dog. In the third, a woman reported Buddy had bitten her on the hand while she tried to pull him off another dog -- and the dog owner was hurt when she was knocked to the ground during the scuffle.

Stillings appealed the disposal order, noting the dog never directly attacked a person, among other things. She conceded she wasn't the best owner for Buddy -- and said she was willing to give him up to save him.

Despite the arguments, the state agreed with the city that Buddy should be destroyed.

"Upon review of the entire record, including the hearing testimony and exhibits and the oral argument of the parties, and after much reflection, I find that there is substantial evidence in the record to affirm the Disposal Order," state Agriculture Commissioner Steven Reviczky said in his decision late last month.

"The evidence in the record established that the dog named Buddy is a threat to companion animals as he has aggressively attacked other dogs while roaming off of his owner's property," the commissioner continued in the five-page decision.

"In addition, because Buddy is a threat to dogs, I find that Buddy is also a threat to individuals who intervene or seek to protect those dogs from Buddy's attacks, whether in the Town of Milford or in any other community."

Upon receiving the decision recently, Stillings called The Lexus Project, which recently received much publicity for helping to save the life of -- a Siberian husky who had killed five domestic chickens.

She relinquished ownership of Buddy to the group to help Buddy.

"I'm still trying to save him," she said.

The Lexus Project's co-founder maintains there are several reasons why the death warrant on Buddy is invalid:

1. Stillings wasn't given enough time to request a hearing. By law, the state is required to give a dog owner 14 days, Stillings was at first granted 10 days, and later given 12, he said.
2. An assistant animal control officer is not permitted to issue a disposal order by law. In Buddy's case, Assistant Animal Control Officer Scott Ellingson issued the order.
3. In one instance, Buddy went after a dog who had bitten him previously. The attacks must be unprovoked.

There is no reasonable basis for the disposal order, according to Rosenthal.

"They've acknowledged that there was no serious injury to any other dog, and they said the dog is no way aggressive toward humans," he said.

Rosenthal vowed to fight for Buddy's life all the way to the highest court.

Rosenthal's three claims of injustice were disputed by Milford Animal Control.

George maintained:

1. Stillings was given enough to time to appeal;
2. Assistant animal control officers in the state have issued disposal orders before;
3. And Buddy endangers humans when he goes after other companion animals.

"That's where Buddy ended up in trouble," George said.

The stipulated order under consideration mirrors the one used in the Luna case.

"As long as it has a positive outcome for the people and the animals of Milford to be safe," George said, "we're open to negotiation."

The agreement must also contain a clause that absolves the city from any responsibility for any future damage Buddy may cause, George said.

Assistant City Attorney Debra Kelly, who represented the city during the appeal, could not be reached for comment.

A Hamden lawyer, Ashley Adams, who is working pro bono with The Lexus Project, also could not be reached. Her firm, Saxe Doernberger & Vita, helped save Luna.

Responding to concerns about Buddy's well-being, George said:

• The Golden Retriever has seen a veterinarian twice during his incarceration -- and has been physically well the whole time.
• Buddy does see the light of day from his kennel -- something Stillings had disputed during her appeal.
• "One of my staff takes him out of the pen and brushes him occasionally."

The chief animal control officer added, "Buddy is fine under the circumstances."