State to Mason: Give up shepherds

[bigdoglover]

Bennington Banner

Neal Goswami

BENNINGTON — If the state of Vermont has its way, Larry Mason will never be able to reclaim the 32 dogs he has been accused of abusing.
Mason, 52, formerly of Bridgewater, N.H., pleaded innocent last week to two misdemeanor charges of cruelty to animals. Mason was released after his arraignment with several conditions, including he not own, possess or control, even on a temporary basis, any domesticated animals.

But the state would like to make sure that Mason can never regain ownership of the 32 German shepherds, which are being housed in several different shelters. A motion was filed in Bennington District Court on Monday by Deputy State's Attorney Gabrielle J. Gautieri, asking the court to grant an order forcing Mason to forfeit his right to the dogs.

"The state doesn't think that Mr. Mason ought to be the owner of the dogs at this time. He still has formal ownership of the dogs. ... We want to formally sever his ties with the dogs," said Gautieri.

The motion will require a hearing where Mason and his attorney, public defender Frederick Bragdon, will be able to argue why the court should not grant the state's request for an order of forfeiture. Gautieri said the court has not yet set a date for the hearing.

Bragdon said he is out of the office this week and has not yet had a chance to review the motion.

According to the motion, under Vermont law, "If an animal is seized ... the state may file a motion in a criminal action for an order requiring the defendant to forfeit any and all rights in the animals prior to final disposition of the criminal charge." The state will be required to prove with clear and convincing evidence that the animals were subjected to cruelty, neglect of abandonment.

According to the motion, Vermont statute states that a person commits the crime of cruelty to animals if the person deprives an animal of adequate food, water, shelter, rest, sanitation, necessary medical attention or transports an animal in overcrowded vehicles.

The state argues in the motion that there is ample evidence proving that Mason committed the crime of animal cruelty, and therefore should forfeit his right of ownership.

"Focusing solely on the discoveries of July 18, 2006, where Mason had a huge population of filthy, hungry dogs in an overcrowded bus which he had transported to 1042 Main St. and which he expressly acknowledged intending to transport westbound, the facts clearly show the requisite voluntary actions and omissions needed to find Mason strictly liable," the motion reads.

Mason is next scheduled to appear in court on Sept. 26.