Delaware supervisors vote to create animal-abuse registry

Feb. 25—DELHI — A law establishing a countywide public registry of convicted animal abusers was passed with near-unanimous support by the Delaware County Board of Supervisors at its regular meeting Wednesday, Feb. 24.

The only supervisor to vote in opposition was the one whose town has become synonymous with the county's most high-profile animal cruelty case in recent memory, which inspired the law's drafting.

Franklin homeowner Nasir Azmat was charged with 41 misdemeanor counts of animal cruelty and neglect after 20 dogs — now known as the Franklin 20 — were rescued from an alleged fighting ring on his property last February.

The criminal case against Azmat has been on hold for nearly a year amid the coronavirus pandemic, and supporters of the animal abuser registry have condemned the lack of legal means to prevent Azmat from owning other animals while he awaits trial.

"I'm not against the basic reason for this," Franklin Town Supervisor Jeff Taggart said. "I think that people who are found guilty of a felony of abusing an animal should be on this registry, but I do have a problem with anybody found guilty of a misdemeanor being on the list. I've always thought of the misdemeanor as a second chance. If it's a reduced charge to a misdemeanor, it gives them a second chance."

Taggart said he took issue with the wording of the law, which was previously adjusted to broaden the terms by which one is considered an animal abuser and therefore subject to placement on the registry.

The original text provided only for those convicted of felonies to be placed on the list, but the language was amended to "criminal," legally including misdemeanor offenses as well as felonies.

"If they're found guilty of a felony, they should be blacklisted. I agree with that," Taggart said. "But if it's a misdemeanor, I'm not in agreement with that."

Asked why his justification would allow for individuals like Azmat, who was only charged with misdemeanors, to avoid listing in the abuser registry, Taggart said he thought Azmat should have been charged with felonies.

"I don't know why they were misdemeanors. That should have been a felony," Taggart said. "Something like that, the book should be thrown at him."

"If we could charge Azmat with 40 felonies, we would have," Delaware County Sheriff Craig DuMond said.

New York's Agriculture and Markets Law, which outlines the standards of animal neglect and abuse, does not include any provisions for felony animal abuse charges, DuMond said.

"Our laws need more teeth, so to speak," DuMond said. "We're restricted to what is contained within the law. This local law is supposed to fill in those gaps."

Several people tuned into a public hearing on the law held virtually before the meeting, including Sidney resident Jill Stafford, a volunteer with the Delaware Valley Humane Society who helped draft the law based on her experiences rescuing and rehabilitating the Franklin 20.

"I think we're very lucky that we live in a county that doesn't see a widespread amount of animal cruelty, but we have had some high-profile cases within the last few years that we needed some long-term accountability for those that are doing these types of things to animals," she said. "I think our deputies do a great job enforcing the Ag and Market laws as well as they can and as much as the law will allow them, but this local law will take it to the next level."

Delaware Valley Humane Society shelter manager Erin Insinga thanked DuMond and his deputies for their dedication to seeking justice for the Franklin 20 and other victims of abuse.

"I work with a lot of different counties and a lot of different agencies and I always come back to being so thankful for being part of Delaware County," she said. "We're still fighting that fight for these animals. I wish we didn't have to have the need for this registry, but there is a need."

Delhi resident Marie VanValkenburgh, who addressed the board in person, tearfully described the neglect and abuse she witnessed as a longtime Heart of the Catskills volunteer, including instances in which animals were left locked in homes when their owners moved, locked out of homes while their owners traveled out of town and those who were "so starved their ribs showed."

"Not one of these owners was arrested. Many moved out of the area," VanValkenburgh said. "Shelters are left to pick up the pieces while good citizens look the other way."

"If you are not prepared to turn in a neighbor who is abusing animals, testify against them and see them convicted because your kids went to school together, their family has been here for five generations or their grandmother goes to your church, then you have to vote against this resolution because you are perpetuating animal abuse," she continued. "Voting for a feel-good resolution is like gift-wrapping your garbage and tying it up with a pretty bow."

"Our No. 1 goal, as law enforcement and as a society, should be to always stick up for the defenseless souls," DuMond said. "Anyone who tortures or mistreats a defenseless victim is the worst kind of human being there is."

Sarah Eames, staff writer, can be reached at seames@thedailystar.com or 607-441-7213. Follow her @DS_SarahE on Twitter.