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Elinore Carmod
Cabana US Sales Director
917 786 1894
‘Sent from my iPhone
Elinore Fri, Oct 9, 2020 at 7:38 AM
To: "Sen. Haskell, Will”
Cc: “Romanowicz, Alexander”
Hi Will,
ind
| spoke to the prosecutora1 =~ ste, Pemberton about this yesterday. Steve Stafstrom, the Town lawyer, ig tying to obtain’
-a sgaroh wargant for-thé pro
1 would really appreciate you keeping the pressure on the State as | think it's starting to trickle down. | am curious about
the reaction you received (or lack thereof) from Tong's office?
Thanks and let me know. Good luck in November. | think you are going to win. Best, Elinore
Elinore Carmody
Cabana US Sales Director
917 796 1894
Sent from my iPhone
On Oct 8, 2020, at 11:21 AM, Sen. Haskell, Will wrote:
[Quoted text hidden]
Sen. Haskell, Wil! Fri, Oct 9, 2020at 11:14 AM
To: Elinore
Co: "Romanowicz, Alexander"
C :
MO 9M-CRO9-0189217S SUPERIOR COURT
G.A. #9
STATE OF CONNECTICUT
Vv. AT MIDDLETOWN,
CONNECTICUT
CHARLES A. DELLAROCCO
AUGUST 13, 2010
BEFORE THE HONORABLE PATRICK J. CLIFFORD, JUDGE
APPEARANCES .:
Representing the State:
\ +
ATTORNEY BARBARA HOFFMAN
ATTORNEY BRIAN KENNEDY
Assistant State’s Attorney
One Court Street
Middletown, CT 06457
Representing the Defendant:
SELF-REPRESENTED PARTY
Recorded by:
Jean Patrizzi
Ya
Transcribed By:
Dana Wilson
Court Recording Monitor
One Court Street
Middletown, CT 06457
ATTY. HOFFMAN: Charles Dellarocco, Line 24 on
the regular docket.
THE DEFENDANT: Your Honor.
THE COURT: Sir.
ATTY. HOFFMAN: Down for second stage of the
Accelerated Rehabilitation Program.
THE CLERK: I do not have a report from
probation.
THE COURT: They don’t have the report from
10 probation saying whether you’re eligible. Do you
11 want to go upstairs to the fourth floor and tell them
12 we need that?
13 THE DEFENDANT: Certainly, Your Honor.
14 THE COURT: Thank you. We’1l pass it.
15 (Unrelated matters heard then resume.)
16 ATTY. KENNEDY: Charles Dellarocco, Line 24.
17 That was passed earlier. Attorney Hoffman spoke with
18 probation who indicted that he is eligible for
19 accelerated rehabilitation.
20 THE COURT: All right. Facts.
21 ATTY. KENNEDY: July 30th, 2009 a complaint was
22 made from a Cheryl Lynch who indicated the defendant
23 sold her vehicle using an Internet website, Craig’s
24 List, and in doing so forged a bill of sale from
25 Peter Lynch, her husband, to himself and then sold
26
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the vehicle
suspicious
to
and
another
called
individual
the police.
who became
Apparently there’s
Ab
no objection from anybody, the State’s not objecting
co
on this either, Your Honor.
THE COURT: Is there anybody out anything?
ATTY. KENNEDY: I don’t believe so.
THE COURT: All right. You’ re representing
yourself on this. I mean, I’ll grant the accelerated
rehabilitation.
Do you have any recommendation for the period or
anything?
10 ATTY. KENNEDY: Leave it to the Court, Your
11 Honor.
12 THE COURT: All right. I’1l just put you on
13 probation. How about nine months, until May 13,
14 2011.
15 THE DEFENDANT: That’s fine, Your Honor.
16 THE COURT: Just pay the cost of the program and
17 go up and see probation and then it will be
18 dismissed, all right.
19 THE DEFENDANT: Yes, Your Honor.
20 THE COURT: Good luck.
21 kk ke
22
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MO9M-CRO9-0189217S SUPERIOR COURT
G.A. #9
ot STATE OF CONNECTICUT
Vv. AT MIDDLETOWN,
CONNECTICUT
CHARLES A. DELLAROCCO
CERTIFICATION
I hereby certify the foregoing pages are a true and
correct transcription of the audio recording of the above-
referenced case, heard in Superior Court, Judicial District
of Middlesex, Middletown, Connecticut, before the Honorable
Patrick J. Clifford, Judge, on the 13th day of August 2010.
Dated this day of
in Middletown, Connecticut.
Dana Wilson
Court Recording Monitor
Se
AW
NO: MO9MCRO90189217S SUPERIOR COURT
STATE OF CONNECTICUT GA #9
os
v AT MIDDLETOWN, CONNECTICUT
CHARLES A. DELAROCCO MAY 13, 2011
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE LISA K. MORGAN, JUDGE
APPEARANCES:
Representing the Plaintiff:
ATTORNEY JEFFREY DOSKOS
State Attorney’s Office
One Court Street
Middletown, CT 06457
.
Representing the Defendant:
Self-Represented Party
Recorded By:
Jean R. Patrizzi
Transcribed By:
Jean R. Patrizzi
Court Recording Monitor
One Court Street
Middletown, CT 06457
Ke,
ATTY. DOSKOS: Charles Dellarocco, this is 30, I
oc
think, Regular Docket. He’s down for completion, I
think of Accelerated Rehabilitation.
THE CLERK: It is successful.
THE COURT: Good morning, Mr. Dellarocco, you
have successfully completed the conditions of The
Program, the charges against you are dismissed.
THE DEFENDANT: Thank you, Your Honor.
THE COURT: You are free to go. You’ re welcome
10 FI II Ikke eke
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tf
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NO: MO9MCRO90189217S SUPERIOR COURT
STATE OF CONNECTICUT GA #9
v AT MIDDLETOWN, CONNECTICUT
CHARLES A. DELAROCCO MAY 13, 2011
CERTIFICATION
I, hereby certify the foregoing pages are a true and
correct transcription of the audio recording of the above
eferenced case, heard in Superior Court, Judicial District of
Middlesex, Middletown, Connecticut, before the Honorable Lisa K
Murphy, Judge, on the 13* day of May, 2011.
Dated this 16t day of November 2021 in Middletown,
Connecticut.
Jean R. Patrizzi
Court Recording Monitor
.
C.
DOCKET NO. DBD-CV-19-5015276 S SUPERIOR COURT
NANCY BURTON J.D. OF DANBURY
PLAINTIFF
Vv. AT DANBURY
JULIA PEMBERTON, FIRST SELECTMAN OCTOBER 7, 2019
ET AL
DEFENDANTS
AFFIDAVIT OF MICHAEL DELUCA, ANIMAL CONTROL OFFICER,
IN SUPPORT OF MOTION R. Y MENT
1 I, Michael Deluca, am the Animal Control Officer for the Town of Redding. I
held this position in 2012 and to the present time.
~ 2. At some time in February 2013, 1 went to the property at 147 Cross Highway in
Redding owned by Nancy Burton together with a representative from the Connecticut
Department of Agriculture.
3 The Department of Agriculture representative and I were concerned about the risk
of animal cruelty with respect to the large herd of goats maintained on the property. We spoke to
Ms. Burton about adequate shelter for the animals.
4. We returned to the property at a later date to inspect shelters that Ms. Burton had
caused
to be built. We determined that what was built was adequate for the number ofgoats
being sheltered at that time.
5 I was concerned with animal safety, not with zoning. I told Ms. Burton that I had
the power of arrest for animal cruelty. I have no involvement in zoning enforcement and I did
C
not say anything to her about zoning.
Mle f . 2-
Michael Delica
54h
C
Subscribed and swom to before me this _7 tH day of OCTOBER » 2019.
Dferbte ll toda
G
Public
se FtheS C.
My Commission Expires: ot |ss[aez0 MICHELE R. GRANDE
NOTARY PUBLIC
MY COMMISSION EXPIRES
AUG. 31,2020
C
4D
ACTIVE/39333.287/MNL/8340113v1
ANIMAL CONTROGADIVISION) REPORT
219.00 (0.022,
- Sa Boe
Ces EG
TYPE OF COMPLAINT
Crpelty STATUTE OFFICER ASSIGNED
to Animals
PS / LOCATION 53-2472) Peet, Kelli K9-4 CASE N
2017-133
14 Highway _. AND CODE INCIDENT DAI
INCIDENT COMP! Redding 7 SANZ
CJ GNSNE
DATE/TIME COMPLAINT RECEIVED DATE/TIME OF INVESTIGATIO
N
9/19/17, 12:00 pm 90/17, 10:00 am
OATETTINE!
SERENE Ks A-AGCUSED: §-SUSPECT - COMPLAINANT V-VicTM
NAME Ww.’
J SUVENILE
ADDRESS J DOB, O- OTHER
BURTON, NANCY 147 CROSS HIGHWAY, REDDIN
SEX_| RACE TELEPHONE
G, F ‘W_ | 203-313-1510
GRIFFEN, COLETTE
GIBBONS, DENNIS 203-241-0343
153 CROSS HIGHWAY
CARMODY, ELINOR 153 CROSS HIGHWAY
203-895-1040
MASON, DAVID P 203-895-1040
146 CROSS HIGHWAY
DELUCA, MACO 718-564-3151
REDDING ANIMAL CONTROL
LIS DVM, DR. MARY
MOORE, PATRICK
COMMINO, JO BLLEW
pane STATB
ANIMAL NATION, VICE PRES
ID
ANIMAL NATION, VOLUNTEER ENT
203-938-2525
860-713-2505
914-400-6014
SUMMARY OF CO} 914-400-6014
+ On 9/19/17, Ms. Colette Griffe
regarding goats owned by Ne n contacted State Animal Contro
Burton located at 147 Cross Hiigh l Supervisor Rey Connors
some in pens, disabled, ove wn hooves (elf shoes), and some way, Redding, CT. Shi le stated that there were 64 goats,
living in the house.
EVIDENCE: Photographs (( attached), paperwork received fro
m Jo Ellen Cimmino.
N TAKEN:
On 9/21 ‘7 at approx 9:00 am,
stated that Ms. Burto this officer s poke to Ms. Griffe
nS Ni ighbors reached out
to h er
nvi
via phone regarding her compla
int.
regarding th e goats and she met
discuss the situation, with 5 to 6 neighbors last Sunday She
to
On 9/20/17 at app rox 10:00 dm, mys
2, Liz Hall went to the Bi
elf and Department of. Agricult
lence located at 147 Cross Highwa
ure's Agriculture Marketing
and Ins spection Representative
there. A woman id
lentifying elfas Ms, Burton was on the pro y. Wo met Redding Animal Control Officer Mike Deluca
Purpose of this i perty car forithe
ng goats, I ex; plained to Ms. Burton
approximately 10 loose gi to invest tigates concems received by the that the
the yard. A bam was located on Dep art ment of Agricu! re. There wer
structurally unsound, the side of the properbut e
Appears to hold equipment and not tyit appeared to be in disrepair
Provide an accurate number f Pro per ly
set up to hous e and
goats on the Property, state who animals, Ms. Burton would not
‘were obtained from with hei t veterinarian was, or provid
lexception of the first couple of ‘goats she e inf
Boat pens. One pen contai
approximately 50 goats, co-mi: ingled owned. Located in the back oformati ion on where the goats
approx 25 goats, The two
bined areas have 2 three sided in age. Behind this pen was anothe the yard where several
r which contained
sheds contained manure ‘was approximately 3 to 4 feet shedsa approx4 feet deep by 8 feet long. It ‘was noted that both
approximately 4 feet by 8 in width end length. The kennels high.O, ne pen contained several chain fink dog kennels
ha
Protection from wind. There was tarps on the tops of them. No soli id walls were
on the kennels to offer the
tarped dog kennels, The bodies of the @pproximately 3 feet of accumul; vided
oats appeared to be in good conditio lated manure inside the
condition. Some of the h 100% es were n ho waver their feet, overall,
distended knee joints and twiste and curl
d i upwards, commonly refe eared to be in poor!
le goats appeared to have swollen udde rrtoedas “elf shoes.” Goats also
ts on only one side. ‘Adolescent
goats appears to be
SEB
ACTION TAKEN:
(2) aovseo
E) 6 [} Noviotations «| LD. NumBer | SUPERVISOR
NS fl vere
FOUND
Ags Revised 01-16-2002 K9-4
pagel __o-2 PAGES
>
ANIMAL CONTROE. Division, REPORT
Sa
‘TYPE OF COMPLAINT
ACCU/SE
SUSPD
y to Animals ECT
CASE NUMBER
Burton, Nancy
2017-132
unevenly. One goat, & Saanen crossbred appe
approached the goat, he was reluctantto stand ared to be lying against the fence!line for
, He briefly stood up, defecatedS a very support. When I; Hall
down. This goat appeared to bp underweight and stiff small amount of feces and layed
in at least his left leg join t. It appear bac k
im and not allowing him to get to food. Whe that sthe other goats were bu
order, Don't /ou know what a peokingo1rdes is?"
n asked about this, Ms. Burton stated that
“he is just the loweinst lying
Tt was noted by Inspector Hall that this goat the
the other goats were. The fen for the goats is a combination of corral s was not chewing his " "as
supported, allowing goats to panels and wor ven Wii ire, neither of whi
pe. Ms. Burt was on
given a ch are pro,
&vete rinarian and have feedin recommendations ing to hathe ve Saan:
en crossbreed goat examined
the Department of Agriculture ith the veterina made by the end of 922/17. Per the written warning, Ms. Burwas toton
called and refused to cooperate in providing rian's name and appointment time by the end of the day. Ms. Burton never call
that info: rmation,
On 10/4/17, statements were take from complainant, Mr. Dennis Gibbons and
witness, David Mason.
On 11/2/17, 1 went to 147
no one answthe
High way with State Animal Control Officer Gre; "gan to recheck
er door
ed at thé resi Ce, the conditions of the animals
On 12/1S/1 7, State Veterinarian Dr. Mary Jane
conditions of Ms. Burton’ 'S 80; Lis and I wentto 147 Cross Hi; ighway for
Also present were Redding MACO DeLu oa, a scheduled visit to check on the
Jo Ellen Cimmino, and an aninfal activist name Animal Natio n's Patrick Moore and
d Leah. Ms, Burton was polite and gave volunteer,
made to the pens. Manure piles were remo
ved from the sheds. When I inquired abou us a tour, Minimal improvement were
the vet, Ms. Burton stated that h went t the Saanen cross that neededto
to Grove Street Veterinarian in New Cana
provided assistance with a go: tithat had brok an and thathe has since died. Dr. Lis go to
en his h orn this morning, In addition, Dr. .
improving the conditions that he goats were Lis gave Ms. Burton. suggestions for
in and advice on ear tagging the goats,
18/17, I ploked up ear tabs from Dr, Lis
at our Hartford office.
On 12/19/17, ear tags were loftiin Ms. Burton's Jeep on her property per her origi
nal request.
On 12/20/17, I picked up ear tal that were ori;
and dropped a portion off to Di! Camila righ inally assigned to Dr Poster for Ms. Burton's herd
Coll berg of Norwalk Veterinary Hospital, from Poster Ani imal Hospital
signed over to Animal Nation { r adoption who wil be ta; ing goats that were being
. ‘The remainder o f the tags were retu med to Dr, Lis on 12/21/17,
On 6/8/18, Dr. Lis and 1 return to 147 Cross High
All goats appeared to be in goo body way for a scheduled visit to check
condition wit ith food and water available, Ms, on the conditions Of Ms. Burtoy n's goats,
Manure accumulated over the Burt hason plans in place to remove the
repair the barn and shelters for the goats,
was recommended by Dr, Lis hat er, the goats be segregated by sex to prevent
and to continue with regular hoof trim
ming. It
Were unable to determine the unwanted breedings, At the ti
et number of goats on the Property. Itis meof the visit, wo
esti
on the property. Ms. Burton ted that she will continue to work with Anim mated that ther are eap; proximately 30 to 50 goats
‘he goat herd and that she wou d like to al Nation to find appro priate homes for most
get the numbero f goats in her care down of
to approximately5 to 10 goats.
CONCLUSION: At the end of th is investigation, all
goats on the property appear to be in good
wailable. condition with food and water
Q
OFFICERS ASSIGNED
PBET 1.0. NUMBER
—
C=
K9-4
Revised 01-16-2002
X06-UWY-CV-21-6064254-S SUPERIOR COURT
STATE OF CONNECTICUT JUDICIAL DISTRICT
EX REL. JEREMIAH DUNN OF HARTFORD
Vv.
65 GOATS
ETAL. MARCH 22, 2022
AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS FOR FAILURE TO PROVIDE
PROCEDURAL AND SUBSTANTIVE DUE PROCESS
1, Nancy Burton, having been duly sworn, do hereby depose and state as follows:
| am above the age of eighteen (18) years and | believe in the obligation of an
oath.
I reside at 147 Cross Highway, Redding, Connecticut.
| am named defendant in the above-referenced action
| submit this Affidavit in support of my Motion to Dismiss for Failure to Provide
© Procedural and Substantive Due Process (“Motion”) and Memorandum of Law in
Support of Motion to Dismiss for Failure to Provide Procedural and Substantive
Due Process (“Memorandum”), both being filed contemporaneously herewith.
The facts set forth in the foregoing Motion and Memorandum are based on my
personal knowledge, observations and belief and are true to the best of m
knowledge, information and belief. vo
| devote this “Paragraph No. 6” to comment on and correct false and misleading
statements contained in the Connecticut Department of Agriculture Investigation
Report dated June 15, 2018 (“Report”), which is appended to the Motion and
referenced in the Motion and Memorandum as Exhibit B. The Report was
released without providing me an opportunity to correct false and misleading
statements.’
{1 — “Summary” — Colette Griffin is an attorney with the law firm which represents
the Redding Police Department as defendants in a pending wrongful death and *
wrongful cover-up suit. She is a self-branded “animal activist” who for years bore
a grudge and malice toward me because my friendly black Labrador pet dog
named “Bear” was not castrated; for years, Griffin harassed me and made up lies
‘ The Report has been redacted pursuant to Practice Book §4-7 and upon order of the
C Court. Defendant has taken the liberty to enumerate sequentially each paragraph in the
Report for ease of reference in this Affidavit.
264
about me because my goats were not castrated, being oblivious to the fact that
C the Mothers Milk Project which | co-founded requires pairings of males and
females to produce goat milk. It was never explained what Griffin may have
meant by “disabled” in reference to any of the goats. Her apparent statem
ent that
some of my goats were ‘living in the house’ is a ridiculous lie.
12 — As to “EVIDENCE,” these materials have not been provided to defendant.
14 - Many of the comments made by Ms. Peet are false or present distorted,
ill-
informed conclusions drawn with a view toward maligning defendant without
affording her an opportunity to respond or rebut. The statement “Ms. Burton
would not provide an accurate number of goats on the property” suggests that I
refused to answer when in fact (a) | did not have a current count and (b) as is
obvious from the report Ms. Peet frequently entered the property in my absenc
e
and had multiple opportunities to count the goats. Actually, defendant did provide
the name of “who her veterinarian was.” Another false statement is that | would
not identify where the goats were from; in fact I did - 120 Dayton Road,
Waterford, Connecticut - beginning with Katie the Goat. The goat count by Ms.
Peet was inflated and inaccurate. The Report inflates the “manure” depth, which
she did not closely examine. The “dog kennels” were all 10° X 10’ X 10’, not the
dimensions of “4 feet by 8 feet’ recited by Peet. Several layers of expensive
heavy-duty tarp were effective windbarriers; they also retained heat well,
particularly when they were occupied by goats giving off their own body heat
within the confined space. Peet's estimate of manure depth was an exaggeration
and she made no attempt to examine or measure its contents: hay and shavings
were lavishly scattered in these areas for moisture absorption and comfort and
sanitation. The statement “The bodies of the goats appeared to be in good
condition” is an accurate and truthful statement. All the goats were regularly
cared for by professional hoof-trimmers; some goats’ hooves grow faster than
others. The use of the plural “goats” referring to “distended knee joints’ is
inaccurate; one elderly goat had a knee issue and she was being skilfully treated
by a native American herbalist/masseur. If any goats had “swollen udders on only
one side,” this condition may result from a single birth. Any such goats were
“milked out” by defendant on an “as-needed” basis. When Peet and Ms. Hall
said
they noticed a goat not standing, they said the goat could not walk. However, as
if on cue, the goat got up and walked a few paces toward them. He walked very
well. As Ms. Peet and Ms. Hall apparently did not know, goats do not chew cud
all the time — particularly when they are being disturbed by humans or when they
are walking. As the two DOAG employees were looking to come up with any
reason to suggest the goats were not well treated, they made such observations
in ignorance of ordinary. goat behavior. The comment about “corral panels’ failing
to keep the goats enclosed is completely false: they are 100 per cent effectiv
Cc
e
Nor did the two observe any goat “escapees.” Regarding “woven wire” fencing,
264
defendant does not know what the Report is referring to, nor did the two DOAG
© personnel bring up the subject with defendant. Although the Report states that
“Ms. Burton never called and refused to cooperate in providing that information,”
their statement is a complete and deliberate lie. In fact, Ms. Burton did exactly
what she was asked to do: she made an appointment for the goat to be looked at
by a veterinarian and left his name and the appointment information on Ms.
Peet’s answering machine before the close of business that day. Ms. Burton,
contrary to the Report, was fully cooperative. The untruthfulness of the Report in
So many respects is certainly disturbing as it evidences a bad-faith approach by
two state actors determined to make false accusations about Ms. Burton and her
care of the goats. It is noted that the 9/20/17 visit by Ms. Peet and Ms. Hall
occurred without advance notice nor appointment.
116 Again, on 11/2/17, Ms. Peet, accompanied by Officer Gregan, arrived without
an appointment.
{7 Pursuant to a scheduled appointment, State Veterinarian Mary Jane Lis, DNM,
1
visited Ms. Burton and the goats in the company of Ms. Peet on December 4 5,
2017. They were joined by representatives of Animal Nation, Inc., which had
entered into a contract with Ms. Burton to place most of Ms. Burton’s goats in
verified “forever homes.” However, when Animal Nation, Inc. breached the
contract and refused to perform its contractual obligations, which included
CO providing free veterinary care, fencing improvements and other services, Ms.
Burton filed suit in the Danbury Superior Court, Nancy Burton v. Animal Nation,’
Inc., DBD-CV-19-5015207-S. The case is pending. The Report documents that
“manure [had been] removed from the sheds’ since Ms. Peet's last visit.
119 The Report states that “ear tags were left in Ms. Burton's Jeep on her property
per her original request.” This statement is correct as to the ear tags being left,
but as to where they were left, Ms. Burton expressly directed Ms. Peet not to
access her Jeep nor trespass on her property in her absence but rather to send
them in the mail. Obviously, Ms. Peet disregarded her instructions.
111 Dr. Lis returned with Ms. Peet for a scheduled visit on June 8, 2018. The
statements “All goats appeared to be in good body condition with food and water
available” and “Ms. Burton has plans in place to remove the manure accumulated
over the winter, repair the barn and shelters for the goats, and to continue with
regular hoof trimming” are all true. With regard to the statement by Dr. Lis that
she recommended that “the goats be segregated by sex to prevent unwanted
breedings,” Ms. Burton did segregate the goats by sex. The Report states that “At
the time of the visit, we were unable to determine the exact number of goats on
the property”; however, in no way did Ms. Burton cause any interference in their
efforts to count the number of goats as both were free to roam the entire
261
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0 OATH
STATE OF CONNECTICUT
ss: Stamford
COUNTY OF FAIRFIELD
Sworn to and subscribed before me this 22"¢ day of March, 2022
Deon “ithe Coe,
Notary Public
My commission expires: o 4 (2 cobb
26k
om roe
4 Gmail Elinore Carmody
FW: Re: GOATS REDDING
Elinore Carmody Thu, Aug 20, 2020 at 3:12 PM
To: "Sen. Haskell, Will”
Hi Will
Thanks for getting back. | appreciate the update but really have to ask exactly what progress is being made with Steve Stafstrom and the State
Attorney. Are they obtaining a search warrant?
And how is the pressure working on the State Department of Agriculture? Are they preparing to come and seize the goats? Because, honestly,
that is the only progress that is helpful or that | care about.
Sorry but | have heard too many platitudes about this situation and nothing has changed. It only grows worse every day. You can well imagine
my despair at this point. Thanks and kindly advise. Best, Elinore
Elinore Carmody
Cabana Magazine
917 796 1894
HHD-CV21-6139702-S SUPERIOR COURT
STATE OF CONNECTICUT STATE OF CONNECTICUT
Vv. JUDICIAL DISTRICT OF HARTFORD
SIXTY-FIVE GOATS
NANCY BURTON April 16, 2021
MOTION FOR TO VACATE
The defendant, Nancy Burton, moves to vacate the Order of Temporary Care and
Custody (# 136) issued by the court (Cobb, J) dated April 9, 2021.
Introduction
The Order purports to vest the temporary care and custody of 65 goats she owns in
the State of Connecticut Department of Agriculture (‘DOAG”) pursuant to authority set
forth in Conn. Gen. Stat. §22-329a.
The order purports to rely on evidence presented at remote hearings conducted on
March 30, 2021 and April 8, 2021; however, the hearing was devoid of credible and
relevant evidence in support of the order yet replete with overwhelming evidence to the
contrary; the order fails to present a scintilla of legal authority in its support whereas
existing legal authority compels a contrary result.
Moreover, the order reveals an astonishing ignorance of basic facts of nature,
customary goat behavior and indicia of goat health while it sentences the goats, even if
only temporarily, to a confinement at odds with basic well-known tenets of humane
treatment of animals and requisite veterinary practices, thereby consigning the order to
a unique category of cases brought and pursued by authorities of the state for no proper
purpose but as a pretext to serve bad-faith ulterior motives and designs. In this case, it
is obvious that this case was brought not to improve the lot of defendant's goats as
claimed by DOAG - the goats thrived in an atmosphere of joy, respect an
Preview
co Pe + t Click to Download & 1 IMG_1612.mov O bytes Elinore Carmod Cabana US Sales Director 917 786 1894 ‘Sent from my iPhone Elinore Fri, Oct 9, 2020 at 7:38 AM To: "Sen. Haskell, Will” Cc: “Romanowicz, Alexander” Hi Will, ind | spoke to the prosecutora1 =~ ste, Pemberton about this yesterday. Steve Stafstrom, the Town lawyer, ig tying to obtain’ -a sgaroh wargant for-thé pro 1 would really appreciate you keeping the pressure on the State as | think it's starting to trickle down. | am curious about the reaction you received (or lack thereof) from Tong's office? Thanks and let me know. Good luck in November. | think you are going to win. Best, Elinore Elinore Carmody Cabana US Sales Director 917 796 1894 Sent from my iPhone On Oct 8, 2020, at 11:21 AM, Sen. Haskell, Will wrote: [Quoted text hidden] Sen. Haskell, Wil! Fri, Oct 9, 2020at 11:14 AM To: Elinore Co: "Romanowicz, Alexander" C : MO 9M-CRO9-0189217S SUPERIOR COURT G.A. #9 STATE OF CONNECTICUT Vv. AT MIDDLETOWN, CONNECTICUT CHARLES A. DELLAROCCO AUGUST 13, 2010 BEFORE THE HONORABLE PATRICK J. CLIFFORD, JUDGE APPEARANCES .: Representing the State: \ + ATTORNEY BARBARA HOFFMAN ATTORNEY BRIAN KENNEDY Assistant State’s Attorney One Court Street Middletown, CT 06457 Representing the Defendant: SELF-REPRESENTED PARTY Recorded by: Jean Patrizzi Ya Transcribed By: Dana Wilson Court Recording Monitor One Court Street Middletown, CT 06457 ATTY. HOFFMAN: Charles Dellarocco, Line 24 on the regular docket. THE DEFENDANT: Your Honor. THE COURT: Sir. ATTY. HOFFMAN: Down for second stage of the Accelerated Rehabilitation Program. THE CLERK: I do not have a report from probation. THE COURT: They don’t have the report from 10 probation saying whether you’re eligible. Do you 11 want to go upstairs to the fourth floor and tell them 12 we need that? 13 THE DEFENDANT: Certainly, Your Honor. 14 THE COURT: Thank you. We’1l pass it. 15 (Unrelated matters heard then resume.) 16 ATTY. KENNEDY: Charles Dellarocco, Line 24. 17 That was passed earlier. Attorney Hoffman spoke with 18 probation who indicted that he is eligible for 19 accelerated rehabilitation. 20 THE COURT: All right. Facts. 21 ATTY. KENNEDY: July 30th, 2009 a complaint was 22 made from a Cheryl Lynch who indicated the defendant 23 sold her vehicle using an Internet website, Craig’s 24 List, and in doing so forged a bill of sale from 25 Peter Lynch, her husband, to himself and then sold 26 27 the vehicle suspicious to and another called individual the police. who became Apparently there’s Ab no objection from anybody, the State’s not objecting co on this either, Your Honor. THE COURT: Is there anybody out anything? ATTY. KENNEDY: I don’t believe so. THE COURT: All right. You’ re representing yourself on this. I mean, I’ll grant the accelerated rehabilitation. Do you have any recommendation for the period or anything? 10 ATTY. KENNEDY: Leave it to the Court, Your 11 Honor. 12 THE COURT: All right. I’1l just put you on 13 probation. How about nine months, until May 13, 14 2011. 15 THE DEFENDANT: That’s fine, Your Honor. 16 THE COURT: Just pay the cost of the program and 17 go up and see probation and then it will be 18 dismissed, all right. 19 THE DEFENDANT: Yes, Your Honor. 20 THE COURT: Good luck. 21 kk ke 22 23 24 25 26 27 MO9M-CRO9-0189217S SUPERIOR COURT G.A. #9 ot STATE OF CONNECTICUT Vv. AT MIDDLETOWN, CONNECTICUT CHARLES A. DELLAROCCO CERTIFICATION I hereby certify the foregoing pages are a true and correct transcription of the audio recording of the above- referenced case, heard in Superior Court, Judicial District of Middlesex, Middletown, Connecticut, before the Honorable Patrick J. Clifford, Judge, on the 13th day of August 2010. Dated this day of in Middletown, Connecticut. Dana Wilson Court Recording Monitor Se AW NO: MO9MCRO90189217S SUPERIOR COURT STATE OF CONNECTICUT GA #9 os v AT MIDDLETOWN, CONNECTICUT CHARLES A. DELAROCCO MAY 13, 2011 TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE LISA K. MORGAN, JUDGE APPEARANCES: Representing the Plaintiff: ATTORNEY JEFFREY DOSKOS State Attorney’s Office One Court Street Middletown, CT 06457 . Representing the Defendant: Self-Represented Party Recorded By: Jean R. Patrizzi Transcribed By: Jean R. Patrizzi Court Recording Monitor One Court Street Middletown, CT 06457 Ke, ATTY. DOSKOS: Charles Dellarocco, this is 30, I oc think, Regular Docket. He’s down for completion, I think of Accelerated Rehabilitation. THE CLERK: It is successful. THE COURT: Good morning, Mr. Dellarocco, you have successfully completed the conditions of The Program, the charges against you are dismissed. THE DEFENDANT: Thank you, Your Honor. THE COURT: You are free to go. You’ re welcome 10 FI II Ikke eke 11 12 13 ~ 14 15 16 17 18 19 20 21 22 23 24 tf 25 . 26 27 NO: MO9MCRO90189217S SUPERIOR COURT STATE OF CONNECTICUT GA #9 v AT MIDDLETOWN, CONNECTICUT CHARLES A. DELAROCCO MAY 13, 2011 CERTIFICATION I, hereby certify the foregoing pages are a true and correct transcription of the audio recording of the above eferenced case, heard in Superior Court, Judicial District of Middlesex, Middletown, Connecticut, before the Honorable Lisa K Murphy, Judge, on the 13* day of May, 2011. Dated this 16t day of November 2021 in Middletown, Connecticut. Jean R. Patrizzi Court Recording Monitor . C. DOCKET NO. DBD-CV-19-5015276 S SUPERIOR COURT NANCY BURTON J.D. OF DANBURY PLAINTIFF Vv. AT DANBURY JULIA PEMBERTON, FIRST SELECTMAN OCTOBER 7, 2019 ET AL DEFENDANTS AFFIDAVIT OF MICHAEL DELUCA, ANIMAL CONTROL OFFICER, IN SUPPORT OF MOTION R. Y MENT 1 I, Michael Deluca, am the Animal Control Officer for the Town of Redding. I held this position in 2012 and to the present time. ~ 2. At some time in February 2013, 1 went to the property at 147 Cross Highway in Redding owned by Nancy Burton together with a representative from the Connecticut Department of Agriculture. 3 The Department of Agriculture representative and I were concerned about the risk of animal cruelty with respect to the large herd of goats maintained on the property. We spoke to Ms. Burton about adequate shelter for the animals. 4. We returned to the property at a later date to inspect shelters that Ms. Burton had caused to be built. We determined that what was built was adequate for the number ofgoats being sheltered at that time. 5 I was concerned with animal safety, not with zoning. I told Ms. Burton that I had the power of arrest for animal cruelty. I have no involvement in zoning enforcement and I did C not say anything to her about zoning. Mle f . 2- Michael Delica 54h C Subscribed and swom to before me this _7 tH day of OCTOBER » 2019. Dferbte ll toda G Public se FtheS C. My Commission Expires: ot |ss[aez0 MICHELE R. GRANDE NOTARY PUBLIC MY COMMISSION EXPIRES AUG. 31,2020 C 4D ACTIVE/39333.287/MNL/8340113v1 ANIMAL CONTROGADIVISION) REPORT 219.00 (0.022, - Sa Boe Ces EG TYPE OF COMPLAINT Crpelty STATUTE OFFICER ASSIGNED to Animals PS / LOCATION 53-2472) Peet, Kelli K9-4 CASE N 2017-133 14 Highway _. AND CODE INCIDENT DAI INCIDENT COMP! Redding 7 SANZ CJ GNSNE DATE/TIME COMPLAINT RECEIVED DATE/TIME OF INVESTIGATIO N 9/19/17, 12:00 pm 90/17, 10:00 am OATETTINE! SERENE Ks A-AGCUSED: §-SUSPECT - COMPLAINANT V-VicTM NAME Ww.’ J SUVENILE ADDRESS J DOB, O- OTHER BURTON, NANCY 147 CROSS HIGHWAY, REDDIN SEX_| RACE TELEPHONE G, F ‘W_ | 203-313-1510 GRIFFEN, COLETTE GIBBONS, DENNIS 203-241-0343 153 CROSS HIGHWAY CARMODY, ELINOR 153 CROSS HIGHWAY 203-895-1040 MASON, DAVID P 203-895-1040 146 CROSS HIGHWAY DELUCA, MACO 718-564-3151 REDDING ANIMAL CONTROL LIS DVM, DR. MARY MOORE, PATRICK COMMINO, JO BLLEW pane STATB ANIMAL NATION, VICE PRES ID ANIMAL NATION, VOLUNTEER ENT 203-938-2525 860-713-2505 914-400-6014 SUMMARY OF CO} 914-400-6014 + On 9/19/17, Ms. Colette Griffe regarding goats owned by Ne n contacted State Animal Contro Burton located at 147 Cross Hiigh l Supervisor Rey Connors some in pens, disabled, ove wn hooves (elf shoes), and some way, Redding, CT. Shi le stated that there were 64 goats, living in the house. EVIDENCE: Photographs (( attached), paperwork received fro m Jo Ellen Cimmino. N TAKEN: On 9/21 ‘7 at approx 9:00 am, stated that Ms. Burto this officer s poke to Ms. Griffe nS Ni ighbors reached out to h er nvi via phone regarding her compla int. regarding th e goats and she met discuss the situation, with 5 to 6 neighbors last Sunday She to On 9/20/17 at app rox 10:00 dm, mys 2, Liz Hall went to the Bi elf and Department of. Agricult lence located at 147 Cross Highwa ure's Agriculture Marketing and Ins spection Representative there. A woman id lentifying elfas Ms, Burton was on the pro y. Wo met Redding Animal Control Officer Mike Deluca Purpose of this i perty car forithe ng goats, I ex; plained to Ms. Burton approximately 10 loose gi to invest tigates concems received by the that the the yard. A bam was located on Dep art ment of Agricu! re. There wer structurally unsound, the side of the properbut e Appears to hold equipment and not tyit appeared to be in disrepair Provide an accurate number f Pro per ly set up to hous e and goats on the Property, state who animals, Ms. Burton would not ‘were obtained from with hei t veterinarian was, or provid lexception of the first couple of ‘goats she e inf Boat pens. One pen contai approximately 50 goats, co-mi: ingled owned. Located in the back oformati ion on where the goats approx 25 goats, The two bined areas have 2 three sided in age. Behind this pen was anothe the yard where several r which contained sheds contained manure ‘was approximately 3 to 4 feet shedsa approx4 feet deep by 8 feet long. It ‘was noted that both approximately 4 feet by 8 in width end length. The kennels high.O, ne pen contained several chain fink dog kennels ha Protection from wind. There was tarps on the tops of them. No soli id walls were on the kennels to offer the tarped dog kennels, The bodies of the @pproximately 3 feet of accumul; vided oats appeared to be in good conditio lated manure inside the condition. Some of the h 100% es were n ho waver their feet, overall, distended knee joints and twiste and curl d i upwards, commonly refe eared to be in poor! le goats appeared to have swollen udde rrtoedas “elf shoes.” Goats also ts on only one side. ‘Adolescent goats appears to be SEB ACTION TAKEN: (2) aovseo E) 6 [} Noviotations «| LD. NumBer | SUPERVISOR NS fl vere FOUND Ags Revised 01-16-2002 K9-4 pagel __o-2 PAGES > ANIMAL CONTROE. Division, REPORT Sa ‘TYPE OF COMPLAINT ACCU/SE SUSPD y to Animals ECT CASE NUMBER Burton, Nancy 2017-132 unevenly. One goat, & Saanen crossbred appe approached the goat, he was reluctantto stand ared to be lying against the fence!line for , He briefly stood up, defecatedS a very support. When I; Hall down. This goat appeared to bp underweight and stiff small amount of feces and layed in at least his left leg join t. It appear bac k im and not allowing him to get to food. Whe that sthe other goats were bu order, Don't /ou know what a peokingo1rdes is?" n asked about this, Ms. Burton stated that “he is just the loweinst lying Tt was noted by Inspector Hall that this goat the the other goats were. The fen for the goats is a combination of corral s was not chewing his " "as supported, allowing goats to panels and wor ven Wii ire, neither of whi pe. Ms. Burt was on given a ch are pro, &vete rinarian and have feedin recommendations ing to hathe ve Saan: en crossbreed goat examined the Department of Agriculture ith the veterina made by the end of 922/17. Per the written warning, Ms. Burwas toton called and refused to cooperate in providing rian's name and appointment time by the end of the day. Ms. Burton never call that info: rmation, On 10/4/17, statements were take from complainant, Mr. Dennis Gibbons and witness, David Mason. On 11/2/17, 1 went to 147 no one answthe High way with State Animal Control Officer Gre; "gan to recheck er door ed at thé resi Ce, the conditions of the animals On 12/1S/1 7, State Veterinarian Dr. Mary Jane conditions of Ms. Burton’ 'S 80; Lis and I wentto 147 Cross Hi; ighway for Also present were Redding MACO DeLu oa, a scheduled visit to check on the Jo Ellen Cimmino, and an aninfal activist name Animal Natio n's Patrick Moore and d Leah. Ms, Burton was polite and gave volunteer, made to the pens. Manure piles were remo ved from the sheds. When I inquired abou us a tour, Minimal improvement were the vet, Ms. Burton stated that h went t the Saanen cross that neededto to Grove Street Veterinarian in New Cana provided assistance with a go: tithat had brok an and thathe has since died. Dr. Lis go to en his h orn this morning, In addition, Dr. . improving the conditions that he goats were Lis gave Ms. Burton. suggestions for in and advice on ear tagging the goats, 18/17, I ploked up ear tabs from Dr, Lis at our Hartford office. On 12/19/17, ear tags were loftiin Ms. Burton's Jeep on her property per her origi nal request. On 12/20/17, I picked up ear tal that were ori; and dropped a portion off to Di! Camila righ inally assigned to Dr Poster for Ms. Burton's herd Coll berg of Norwalk Veterinary Hospital, from Poster Ani imal Hospital signed over to Animal Nation { r adoption who wil be ta; ing goats that were being . ‘The remainder o f the tags were retu med to Dr, Lis on 12/21/17, On 6/8/18, Dr. Lis and 1 return to 147 Cross High All goats appeared to be in goo body way for a scheduled visit to check condition wit ith food and water available, Ms, on the conditions Of Ms. Burtoy n's goats, Manure accumulated over the Burt hason plans in place to remove the repair the barn and shelters for the goats, was recommended by Dr, Lis hat er, the goats be segregated by sex to prevent and to continue with regular hoof trim ming. It Were unable to determine the unwanted breedings, At the ti et number of goats on the Property. Itis meof the visit, wo esti on the property. Ms. Burton ted that she will continue to work with Anim mated that ther are eap; proximately 30 to 50 goats ‘he goat herd and that she wou d like to al Nation to find appro priate homes for most get the numbero f goats in her care down of to approximately5 to 10 goats. CONCLUSION: At the end of th is investigation, all goats on the property appear to be in good wailable. condition with food and water Q OFFICERS ASSIGNED PBET 1.0. NUMBER — C= K9-4 Revised 01-16-2002 X06-UWY-CV-21-6064254-S SUPERIOR COURT STATE OF CONNECTICUT JUDICIAL DISTRICT EX REL. JEREMIAH DUNN OF HARTFORD Vv. 65 GOATS ETAL. MARCH 22, 2022 AFFIDAVIT IN SUPPORT OF MOTION TO DISMISS FOR FAILURE TO PROVIDE PROCEDURAL AND SUBSTANTIVE DUE PROCESS 1, Nancy Burton, having been duly sworn, do hereby depose and state as follows: | am above the age of eighteen (18) years and | believe in the obligation of an oath. I reside at 147 Cross Highway, Redding, Connecticut. | am named defendant in the above-referenced action | submit this Affidavit in support of my Motion to Dismiss for Failure to Provide © Procedural and Substantive Due Process (“Motion”) and Memorandum of Law in Support of Motion to Dismiss for Failure to Provide Procedural and Substantive Due Process (“Memorandum”), both being filed contemporaneously herewith. The facts set forth in the foregoing Motion and Memorandum are based on my personal knowledge, observations and belief and are true to the best of m knowledge, information and belief. vo | devote this “Paragraph No. 6” to comment on and correct false and misleading statements contained in the Connecticut Department of Agriculture Investigation Report dated June 15, 2018 (“Report”), which is appended to the Motion and referenced in the Motion and Memorandum as Exhibit B. The Report was released without providing me an opportunity to correct false and misleading statements.’ {1 — “Summary” — Colette Griffin is an attorney with the law firm which represents the Redding Police Department as defendants in a pending wrongful death and * wrongful cover-up suit. She is a self-branded “animal activist” who for years bore a grudge and malice toward me because my friendly black Labrador pet dog named “Bear” was not castrated; for years, Griffin harassed me and made up lies ‘ The Report has been redacted pursuant to Practice Book §4-7 and upon order of the C Court. Defendant has taken the liberty to enumerate sequentially each paragraph in the Report for ease of reference in this Affidavit. 264 about me because my goats were not castrated, being oblivious to the fact that C the Mothers Milk Project which | co-founded requires pairings of males and females to produce goat milk. It was never explained what Griffin may have meant by “disabled” in reference to any of the goats. Her apparent statem ent that some of my goats were ‘living in the house’ is a ridiculous lie. 12 — As to “EVIDENCE,” these materials have not been provided to defendant. 14 - Many of the comments made by Ms. Peet are false or present distorted, ill- informed conclusions drawn with a view toward maligning defendant without affording her an opportunity to respond or rebut. The statement “Ms. Burton would not provide an accurate number of goats on the property” suggests that I refused to answer when in fact (a) | did not have a current count and (b) as is obvious from the report Ms. Peet frequently entered the property in my absenc e and had multiple opportunities to count the goats. Actually, defendant did provide the name of “who her veterinarian was.” Another false statement is that | would not identify where the goats were from; in fact I did - 120 Dayton Road, Waterford, Connecticut - beginning with Katie the Goat. The goat count by Ms. Peet was inflated and inaccurate. The Report inflates the “manure” depth, which she did not closely examine. The “dog kennels” were all 10° X 10’ X 10’, not the dimensions of “4 feet by 8 feet’ recited by Peet. Several layers of expensive heavy-duty tarp were effective windbarriers; they also retained heat well, particularly when they were occupied by goats giving off their own body heat within the confined space. Peet's estimate of manure depth was an exaggeration and she made no attempt to examine or measure its contents: hay and shavings were lavishly scattered in these areas for moisture absorption and comfort and sanitation. The statement “The bodies of the goats appeared to be in good condition” is an accurate and truthful statement. All the goats were regularly cared for by professional hoof-trimmers; some goats’ hooves grow faster than others. The use of the plural “goats” referring to “distended knee joints’ is inaccurate; one elderly goat had a knee issue and she was being skilfully treated by a native American herbalist/masseur. If any goats had “swollen udders on only one side,” this condition may result from a single birth. Any such goats were “milked out” by defendant on an “as-needed” basis. When Peet and Ms. Hall said they noticed a goat not standing, they said the goat could not walk. However, as if on cue, the goat got up and walked a few paces toward them. He walked very well. As Ms. Peet and Ms. Hall apparently did not know, goats do not chew cud all the time — particularly when they are being disturbed by humans or when they are walking. As the two DOAG employees were looking to come up with any reason to suggest the goats were not well treated, they made such observations in ignorance of ordinary. goat behavior. The comment about “corral panels’ failing to keep the goats enclosed is completely false: they are 100 per cent effectiv Cc e Nor did the two observe any goat “escapees.” Regarding “woven wire” fencing, 264 defendant does not know what the Report is referring to, nor did the two DOAG © personnel bring up the subject with defendant. Although the Report states that “Ms. Burton never called and refused to cooperate in providing that information,” their statement is a complete and deliberate lie. In fact, Ms. Burton did exactly what she was asked to do: she made an appointment for the goat to be looked at by a veterinarian and left his name and the appointment information on Ms. Peet’s answering machine before the close of business that day. Ms. Burton, contrary to the Report, was fully cooperative. The untruthfulness of the Report in So many respects is certainly disturbing as it evidences a bad-faith approach by two state actors determined to make false accusations about Ms. Burton and her care of the goats. It is noted that the 9/20/17 visit by Ms. Peet and Ms. Hall occurred without advance notice nor appointment. 116 Again, on 11/2/17, Ms. Peet, accompanied by Officer Gregan, arrived without an appointment. {7 Pursuant to a scheduled appointment, State Veterinarian Mary Jane Lis, DNM, 1 visited Ms. Burton and the goats in the company of Ms. Peet on December 4 5, 2017. They were joined by representatives of Animal Nation, Inc., which had entered into a contract with Ms. Burton to place most of Ms. Burton’s goats in verified “forever homes.” However, when Animal Nation, Inc. breached the contract and refused to perform its contractual obligations, which included CO providing free veterinary care, fencing improvements and other services, Ms. Burton filed suit in the Danbury Superior Court, Nancy Burton v. Animal Nation,’ Inc., DBD-CV-19-5015207-S. The case is pending. The Report documents that “manure [had been] removed from the sheds’ since Ms. Peet's last visit. 119 The Report states that “ear tags were left in Ms. Burton's Jeep on her property per her original request.” This statement is correct as to the ear tags being left, but as to where they were left, Ms. Burton expressly directed Ms. Peet not to access her Jeep nor trespass on her property in her absence but rather to send them in the mail. Obviously, Ms. Peet disregarded her instructions. 111 Dr. Lis returned with Ms. Peet for a scheduled visit on June 8, 2018. The statements “All goats appeared to be in good body condition with food and water available” and “Ms. Burton has plans in place to remove the manure accumulated over the winter, repair the barn and shelters for the goats, and to continue with regular hoof trimming” are all true. With regard to the statement by Dr. Lis that she recommended that “the goats be segregated by sex to prevent unwanted breedings,” Ms. Burton did segregate the goats by sex. The Report states that “At the time of the visit, we were unable to determine the exact number of goats on the property”; however, in no way did Ms. Burton cause any interference in their efforts to count the number of goats as both were free to roam the entire 261 CO ae 53 3 = ah = = st Ss. 2. = = a Ss. 0 OATH STATE OF CONNECTICUT ss: Stamford COUNTY OF FAIRFIELD Sworn to and subscribed before me this 22"¢ day of March, 2022 Deon “ithe Coe, Notary Public My commission expires: o 4 (2 cobb 26k om roe 4 Gmail Elinore Carmody FW: Re: GOATS REDDING Elinore Carmody Thu, Aug 20, 2020 at 3:12 PM To: "Sen. Haskell, Will” Hi Will Thanks for getting back. | appreciate the update but really have to ask exactly what progress is being made with Steve Stafstrom and the State Attorney. Are they obtaining a search warrant? And how is the pressure working on the State Department of Agriculture? Are they preparing to come and seize the goats? Because, honestly, that is the only progress that is helpful or that | care about. Sorry but | have heard too many platitudes about this situation and nothing has changed. It only grows worse every day. You can well imagine my despair at this point. Thanks and kindly advise. Best, Elinore Elinore Carmody Cabana Magazine 917 796 1894 HHD-CV21-6139702-S SUPERIOR COURT STATE OF CONNECTICUT STATE OF CONNECTICUT Vv. JUDICIAL DISTRICT OF HARTFORD SIXTY-FIVE GOATS NANCY BURTON April 16, 2021 MOTION FOR TO VACATE The defendant, Nancy Burton, moves to vacate the Order of Temporary Care and Custody (# 136) issued by the court (Cobb, J) dated April 9, 2021. Introduction The Order purports to vest the temporary care and custody of 65 goats she owns in the State of Connecticut Department of Agriculture (‘DOAG”) pursuant to authority set forth in Conn. Gen. Stat. §22-329a. The order purports to rely on evidence presented at remote hearings conducted on March 30, 2021 and April 8, 2021; however, the hearing was devoid of credible and relevant evidence in support of the order yet replete with overwhelming evidence to the contrary; the order fails to present a scintilla of legal authority in its support whereas existing legal authority compels a contrary result. Moreover, the order reveals an astonishing ignorance of basic facts of nature, customary goat behavior and indicia of goat health while it sentences the goats, even if only temporarily, to a confinement at odds with basic well-known tenets of humane treatment of animals and requisite veterinary practices, thereby consigning the order to a unique category of cases brought and pursued by authorities of the state for no proper purpose but as a pretext to serve bad-faith ulterior motives and designs. In this case, it is obvious that this case was brought not to improve the lot of defendant's goats as claimed by DOAG - the goats thrived in an atmosphere of joy, respect an