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(X06) UWY-CV-21-5028294-S
NANCY BURTON SUPERIOR COURT
JUDICIAL DISTRICT
V. OF WATERBURY
DAVID PHILIP MASON
ET AL. JULY 12, 2021
PLAINTIFF’S EXHIBITS IN SUPPORT OF MEMORANDUM OF LAW IN OPPOSITION
TO SPECIAL MOTIONS TO DISMISS OF DEFENDANTS DAVID PHILIP MASON
ELINORE CARMODY AND DENNIS GIBBONS
Port IE
Demand for Investigation and Prosecution
Wed, Dec 2, 2020 7:26 am
nancyburtonct@aol.com nancyburtonct@aol.comHide
T Bryan
o Hurlburt bryan.hurlburt@cga.ct.gov, AGR.animalcontrol@ct.gov AGR .animalcontrol@ct
.gov, Nancy Burton nancyburtonct@aol.com, Carole Briggs carole.briggs@ct.gov
Percents meaL aes)
To the attention of Bryan Hurlburt, Commissioner, CT Department of Agriculture:
This is a demand that you open and pursue an investigation into the conduct of
David Philip Mason, Elinore Carmody and Dennis Gibbon on the allegations of
deliberate and wanton animal cruelty as set forth in the attachment below, pursuant to
all applicable provisions of the Connecticut General Statutes.
Please confirm your opening of the requested investigation.
Very truly yours,
Nancy Burton
147 Cross Highway
Redding CT 06896
anne Forwarded Message
From: "nancyburtonct@aol.com"
To: NancyBurtonCT@aol.com
Sent: Monday, November 30, 2020, 11:54:18 AM EST:
Subject: McDonneliPDFLetter1 1302020
~
Nancy Burton
147 Cross Highway
Redding CT 06896
Tel. 203-313-1510
NancyBurtonCT@aol.com
November 30, 2020
BY HAND
Mark O'Donnell
Chief of Police
Redding Police Department
Town Hall
Redding CT 06875
Dear Police Chief O’Donnell:
| herewith file a complaint seeking the arrest and prosecution of David Philip Mason,
of 146 Cross Highway, Elinor Carmody, of 153 Cross Highway, and Dennis Gibbon, of
153 Cross Highway, all of Redding, Connecticut, for acts of wanton animal cruelty,
harassment and related offenses.
On April 30, 2020, Mr. Mason, a onetime New York lawyer whose license to practice
law has been suspended by New York State authorities, deliberately and with malice
aforehand, with the use of an air horn, caused goats on his property to panic and flee in
tapid flight as though pursued by a predator, onto Cross Highway, a public road,
thereby deliberately and with wanton indifference, exposing them to risk of severe injury
as well as risking danger to the traveling public.
Mr. Mason’s wanton, reckless, premeditated conduct was aided and abetted by Ms.
Carmody and Mr. Gibbons, in a coordinated campaign to physically maim and/or kill the
goats and endanger the traveling public.
As you recall, on September 30, 2020, | filed a complaint seeking the arrest of Ms.
Carmody and Mr. Gibbons for their willful harassment and disorderly conduct after Mr.
Gibbons trespassed on my property on April 26, 2020 to scream vulgarities as Ms.
Carmody stood in her backyard also creamed vulgarities and the threat “We'll have you
arrested!” A copy of the complaint is attached. You directed the Redding Police,
Department to take no action on the complaint.
As you recall, on August 26, 2020, | filed a complaint with the Redding Police
Department after receiving the following unsolicited text message on my cell phone:
“Are you actually aware of how much you are abusing these goats? They are
screaming and desperate. You should be ashamed. But you will pay. With their lives.
You are a fucking nightmare.”
A
no v\ on ca
iN
The text message arrived anonymously from 917-796-1894 on August 19, 2020 at
8:13 PM.
A copy of the complaint is attached.
The complaint sought a Redding Police Department
Investigation to determine the identity of the texter and to arrest that person(s) for
harassment.
| later received a telephone call from a member of the Redding Police Department,
claiming to speak with the authority of its Chief, namely, yourself, stating that after
identifying Ms. Carmody as the author and transmitter of the text message, the Redding
Police Department would take no further action on my complaint.
Prior to and subsequent to the April 30, 2020 incident, and most particularly following
my August 26, 2020 and September 30, 2020 complaints (attached), Messrs. Mason
and Gibbons and Ms. Carmody have participated in and incited a malicious campaign in
which they have endeavored to foment hatred, harassment and malice toward myself
and the goats on my property with the goal of having the goats destroyed and causing
me enormous anxiety, fear and distress.
The goats on my property are participants in a not-for-profit, all-volunteer project to
collect and analyse goat milk for levels of radioactivity released by nuclear power plants.
Concentrations of strontium-90 and strontium-89, deadly carcinogens, have been
identified by a certified laboratory in samples of milk collected from the goats grazing on
my property, which is approximately 25 miles downwind of the Indian Point nuclear
power plant which constantly, on a 24/7 basis, releases radioactive poisons into the
environment. Strontium-90 and strontium-89 are not found in nature but are
byproducts of nuclear fission. Both radioisotopes are scientifically linked to bone, breast,
lung, blood and many other cancers and diseases and are especially dangerous when
ingested by women and children.
The Connecticut Department of Energy and Environmental Protection, although
required by law to monitor goat milk downwind from nuclear power plants which may
endanger the public, does not do so.
| have a legal right and am defending such right to maintain goats on my property for
purposes of the milk sampling project and | am protecting and pursuing such rights in
the courts of the State of Connecticut, even as | am reducing the number of goats on
my property by relocating them to good homes where they can live out their lives in
good care and, hopefully, continue to participate in the milk collection project.
My efforts to bring about community awareness of basic facts about goats and the
milk sampling project have been consistently ignored and/or blocked by First Selectman
Julia Pemberton, who has refused to conduct a public informational meeting about the
goats, which | have requested, and, among other dubious acts, ignored/denied requests
to post a notice to the community about adopting the goats at the Redding Town Hall
‘“
community bulletin board while allowing postings for out-of-town animal placement
services. Although | presented her with a goat milk sample to forward to the Connecticut
Department of Energy and Environmental Protection for radioanalysis for the benefit of
the Redding community, she did not do so!
To date, the said Mr. Mason, Ms. Carmody and Mr. Gibbons, have engaged in
deliberate acts of animal cruelty, harassment and other crimes with seeming impunity
and immunity from prosecution granted by the Redding Police Department.
The demonstrated indifference of the Redding Police Department to the said illegal
conduct by Mr. Mason, Ms. Carmody and Mr. Gibbons has resulted in fostering a
climate of hatred, ignorance and lawlessness in the community.
| have had to file four (4) complaints to the Redding Police Department this fall after
a goat-proof perimeter fence | had erected on my property was breached four times by
vandals/mischiefmakers, enabling, on at least two occasions, goats to escape toward
the road to browse on leaves and grass. After | filed the fourth complaint, with
photographs, with the Redding Police Department, the vandalism/malicious mischief
has apparently stopped. To curb the vandalism and malicious mischief and to protect
the goats, | have had to install “No Trespassing” signs after having lived in Redding for
35 years without one.
| have observed Mr. Gibbons routinely kick baby goats feeding on leaves on the
stone wall which is our common boundary. Ms. Carmody has blown her air gun, with the
admitted goal of “scaring” the goats, even when they were on my property. She
screams at my visitors who are interested in adopting goats to dissuade them from
adopting goats. She directs house painters to dump paint solvents on the stone wall
which is our common boundary. She projects an illusion of “celebrity” status by
identifying herself as “founding publisher” of “George,” a short-lived glossy magazine
edited by John F. Kennedy, Jr. In fact, a high-level colleague at the magazine recalled
she was known as a notorious “complainer” and “whiner” who was profligate in
spending the company’s money. As “figurehead” publisher (Hachette, the media
company, fronted the money for the start-up), she was responsible for ad sales and the
magazine's profitability. She was apparently so singularly ill-qualified for the job that ad
sales plummeted, even with the availability of John F. Kennedy, Jr. (the “world's sexiest
man,” according to People magazine) to appear prominently in the “nude.” She was
replaced by a new publisher. A month after Hachette pulled the plug on financing
“George,” John F. Kennedy tragically plunged into the sea.
Ms. Carmody unashamedly spreads outrageous lies which underscore her complete
lack of knowledge of normal goat behavior, nature and respect for other people's rights.
Please be aware that, over many years, | have maintained fencing on my property to
secure the goats. Indeed, | erected posts and fencing along the Cross Highway frontage
of my property, with the obvious expenditure of time and money, only to be ordered by
the Redding Planning Commission to take down the fencing on grounds it was “in
mS
N“, .
violation of the town’s Scenic Roads Ordinance.” | was allowed to keep the green posts,
which can be clearly seen by passersby. (I initiated the scenic road designation of most
of Cross Highway as well as assumed a key role, with the Redding Land Trust, in the
permanent open space protection of the scenic meadow opposite the Carmody-Gibbons
property, the scenic meadow to the west of the Mason property and the scenic sloping
meadow known fondly as “CrossField, all of which contribute enormously to Redding’s
natural beauty and the pleasure of the traveling public.) My efforts were time-
consuming, expensive and pro bono publico and little known or acknowledged today.)
Please respond in writing to this complaint. Please let me know if you would like me to
share photographs and other materials which document the facts set forth herein.
Thank you for your assistance.
Sincerely,
—_
ton
Att.
ofS
w
Nancy Burton
147 Cross Highway
Redding CT 06896
Tel. 203-313-1510
NancyBurtonCT@aol.com
August 26, 2020
BY HAND
Mark O'Donnell
Chief of Police
Redding Police Department
Town Hall
Redding CT 06875
Dear Police Chief O’Donnell:
On August 19, 2020 at 8:13 PM | received the following text message
on my cell phone:
“Are you actually aware of how much you are abusing these goats?
They are screaming and desperate. You should be ashamed. But you will
pay. With their lives. You are a fucking nightmare.”
The text came anonymously from 917-796-1894,
This is a complaint which seeks to have the Redding Police Department
investigate this matter to determine the identity of the texter and to arrest
that person(s) for harassment.
Please respond in writing to this complaint.
Thank you for your assistance.
Sincerely,
Nancy Burton
SN
Nancy Burton
147 Cross Highway
Redding CT 06896
Tel. 203-313-1510
NancyBurtonCT@aol.com
September 30, 2020
BY HAND
Mark O’Donnell
Chief of Police
Redding Police Department
Town Hall
Redding CT 06875
Dear Police Chief O’Donnell:
| file herewith a complaint seeking the arrest and prosecution of Dennis Gibbon and
Elinore Carmody, both of 143 Cross Highway, Redding, Connecticut, for willfut
harassment and disorderly conduct which occurred on April 26, 2020.
On such date, said Gibbon pursued certain of my goats onto my property with an air
horn, panicking them. | was standing in my backyard. Onve on my property, he raised
his left arm with middle finger of his left hand extended upright and repeatedly
screamed at me while on my property without my permission in a loud voice: “Fuck
you!” Simultaneously, Elinor Carmody appeared in her backyard and also raised an
arm, extending the middle finger of her hand upward and screamed repeatedly: “Fuck
you! We'll have you arrested!”
| photographed the incident.
Please respond in writing to this complaint.
Thank you for your assistance.
Sincerely,
Nancy Burton
March 28. 1999
Connecticut News
NO NEED TO BURY
YOUR PET, RULES SAY
AL LARA; Courant Staff WriterTHE HARTFORD COURANT
What do you do with Rover's body once he's gone?
Assuming no veterinarian or animal control officer is involved, you might bury
him in the yard. Or you could put him out with the trash.
The trash? In most places in the state it's perfectly legal to dispose of pets with
the kitchen scraps and pizza boxes, as a proposed ordinance in Berlin has
made apparent.
The proposed ordinance is a slightly revised version of an existing town
regulation. It specifies what kinds of garbage will be picked up, including
"small dead animals, not exceeding 75 pounds each in weight." That's about
the size of a full-grown German shepherd.
That language had always been in the regulations, but it was brought to light
during recent discussions about converting the existing regulation into an
ordinance, enforceable by fines.
Initially, representatives of the company contracted to haul the town's trash,
Trash-Away Inc., said their crews would not pick up dead pets. They changed
their minds, however, after learning their contract with the town says they
must.
It turns out it has always been legal, if not fashionable, in Berlin to toss Felix
and Fido out with the trash. And barring local ordinances that say otherwise, it
is legal throughout the state.
State law does not specifically address the disposal of domesticated animal
remains, which in most communities is treated like any other trash. Neither
do regulations of the state departments of agriculture or environmental
protection or local health districts, according to agency officials.
Frank Murphy says he knows why. Murphy owns Inserve Corp. of Manchester,
which for 20 years has contracted with veterinarians throughout the state to
dispose of animal remains.
"It sounds weird, but animals are considered solid waste, in the same category
as regular household garbage,” Murphy said. As such, animal remains "have to
be buried in a licensed landfill or cremated in an incinerator. But that's pretty
much it."
That was news to Susan Biella, a spokeswoman for the Connecticut Humane
Society in Rocky Hill.
"I always thought there very specific rules about [disposing of animal
remains], like it has to be buried a certain depth," Biella said.
Also expressing surprise was Matt Fritz, spokesman for the Department of
Environmental Protection, who said he thought his agency's solid waste
permits and enforcement unit would have something to say on the matter. But
no.
"We don't have anything on it at all here," Fritz said.
"It seems a little bizarre," said Berlin veterinarian Mark Russak. Russak
contracts with Inserve to cremate remains of animals that have died or are
euthanized at his practice. As a favor to customers, he has occasionally
accepted for cremation the remains of animals that died of natural causes at
their homes.
"If an animal passes away, you don't treat them like trash," Russak said. "Who
would want to?"
It may not seem very caring, but it is economical.
"Putting a dog or cat in the curbside trash is actually a pretty good way to get
rid of it, because in most cases it goes straight to a trash-to-energy plant," said
Paul Hutcheons, director of the Central Connecticut Health District based in
Rocky Hill. The size of the animal is limited only by what will be accepted by
the trash hauler and the local landfill or trash incinerator.
"Burying it in your back yard is OK, too, as long as you bury it deep enough to
keep scavengers away," Hutcheons said.
"When it comes to disposing an animal carcass, you just want to do it within a
reasonable amount of time," said Bruce Sherman, director of animal control
for the state Department of Agriculture.
Still, as long as people continue to treat house pets like family, the idea of
throwing them out isn't likely to catch on. Peter Lombardo, operations
manager at Trash Away Inc., a trash hauler in New Britain, can't remember
the last time he saw a dog or cat in the trash he handles daily. A more common
sight are a hunter's discarded deer remains. And his workers hate that, too,
Lombardo said.
aae =
OFFICER RESIGNS AS GIRLS' COACH
By CLAUDIA VAN NES; Courant Staff Writer
THE HARTFORD COURANT
SEPTEMBER 21, 2004 | OLD SAYBROOK --
A sa result of the publicity of his visits to pornographic websites during work hours, Police
Officer Charles DellaRocco resigned last week as coach of the Old Saybrook High School girls'
soccer team.
After school officials learned that DellaRocco was one of 11 officers who used the Internet during
work hours and one of four who occasionally visited pornographic sites, they attempted
to contact
him to put him on administrative leave, Superintendent Sal Pascarella said Monday.
School officials failed to reach DellaRocco who, aware of the concern, submitted a letter
of
resignation to Pascarella, saying he didn't "think he should continue and it was best for the team if he
resigned immediately," Pascarella said.
Pascarella intended to put DellaRocco on leave while he investigated the matter further. "We're
very
cautious and conservative when it comes to things like this. We did plan to put him on leave
immediately and then verify if it was true," Pascarella said.
Although a detailed report on Internet use by officers was completed in November 2003 and was
public record, last week was the first time school officials learned DellaRocco had
accessed
pornographic material while on duty, Pascarella said.
Internet use by police officers came to light a year and a half ago when then-union Presiden
t Chris
DeMarco was singled out for his use, including visits to pornographic sites. He was suspended
without pay for 45 days.
The incident ignited a police force already at odds with management over several issues,
including a
long-stalled contract.
It wasn't until the end of last November that the report on other officers’ use was
completed and not
until last week that they were disciplined.
Six of the 11 cited in the report refused Police Chief Ed Mosca's offer that they
give up vacation days;
because they refused that offer, they were given suspensions for varying numbers
of days. Five others
accepted the offer to relinquish up to three vacation days.
am Sa,
One of those was DellaRocco.
‘
"They were just sick of fighting this. They were demoralized and wanted to get on with their lives,"
said union President Donald Hull, who did not accept the deal.
For DellaRocco, the fallout came anyway.
He's been the coach of the 6-year-old team since its inception. Last year, the team won one game and
lost 13; so far this year they've had no wins.
Assistant coach Michelle Miezejeski has become co-head coach with Jeff Mauri, a middle school
physical education teacher.
Copyright © 2021, Hartford Courant
This ‘attr(data-c-typename)' is related to: Coaches
an
kedding Planning Commission.
P.O. Box 1028
Redding Center, Connecticut 06875-1028
Ve PE o ’”,ve #
’
January 23, 2018
AT aceh on
Ms. Nancy Burton
147 Cross Highway
Redding, CT 06896
Dear Ms. Burton,
~
We have been aware for some time now of your problems managing your ever-expanding goat
herd and are aware that you are trying to rectify the situation to the satisfaction of the Town and
your neighbors. For this reason, we have exercised restraint until now in adding to the pressures
placed upon you.
Nonetheless, we feel at this time we should go on record with you that the orange plastic fence
and supporting posts that you have erected along Cross Highway is in violation of the Scenic
Road Ordinance.
We therefore direct that the fence be removed within the next 30 days.
If you would like to discuss your plans, we can be reached through the Land Use Coordinator,
Jo-an Brooks at 203-938-3721
Sincerely,
Te Welds sch,
Toby Welles, Chairman, Redding Planning Commission
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