No Justice for Oreo in a Kings County Courtroom

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Centcom-WAR

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Feb 20, 2010, 2:30:36 PM2/20/10
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No Justice for Oreo



FABIAN HENDERSON SENTENCED
TO 6 MONTHS PROBATION & JOB TRAINING


On February 19, 2010, Fabian Henderson walked out of a Kings County court a free man.  He was sentenced to 6 months probation and a mandatory job training program.  He was told that he could not "own" or be in a confined space with any companion animals for a period of 1 year.  The Judge altered that part of the sentence, to allow him to visit his mother, who apparently shares her son's "love" of animals. I guess the Judge figured that his mother's companion animals don't need any protection.  The Judge also agreed to revisit that part of the sentence, if he is forced to leave the place where he is living (with his grandmother).

Henderson was told that if he gets arrested again during his probation or if he does not complete the mandatory job program that he is subject to a 2 year prison sentence, which is what the District Attorney's Office was recommending initially.  The Judge concluded the sentencing hearing by setting up another court date (more wasted taxpayer money) to check on Fabian's progress.  She added a personal note to Fabian, indicating that she was certain that when he returned to court on 3-18-10, that she would be pleased to hear that he was progressing in his program.  She did mention that what he did was horrible.

In an ironic twist, Fabian Henderson, who was a 'no show' for his first sentencing hearing was taken into custody in early December and has remained in jail since then, until he was released on February 19th.  Apparently the sentence for disrespecting the court is jail time, while the sentence for felony animal cruelty, for throwing a dog off a six story building, is a short probation and a job training program. Originally, the plea deal that Fabian was supposed to accept on December 3rd included 5 years of probation.  That deal was taken off the table, when he failed to appear for his sentencing.  On February 19th, he was rewarded for his actions, when his probation was reduced from 5 years to 6 months.

Sadly, Fabian Henderson will likely be back in court again.  Since he has gotten away with throwing a dog off of a 6 story rooftop, who knows what will be next.  Perhaps another animal, maybe a girlfriend or spouse or maybe a child.  What a shame.  And where was the ASPCA, Oreo's caretaker and ultimately her killer during all of this?  They never attended a single court appearance. We guess they were busy counting all of that money that they raised for Oreo's rehabilitation.  The ASPCA finished the job that Fabian Henderson started.  They should have been prosecuted alongside Fabian Henderson.

With regret, we have to ask you one last time to write or phone the Judge and the Prosecutor's Office to let them know what you think of the injustice that was done on their watch.  Please wait until Monday afternoon, as their offices are closed for the weekend.

Defendant: Fabian Henderson
Case #: 06995-2009

Charge: Felony Animal Cruelty

Judge :
Hon. Dineen Riviezzo (new Judge, replaced Judge Mullen)

Kings County Supreme Court
320 Jay Street
Brooklyn, NY   11201

Phone: 1-347-296-1446
(direct line to the Judge's chambers - please be polite when calling)

The case is being prosecuted by Assistant District Attorney Lisa Berk from the Trial Bureau Blue Zone. Deputy District Attorney Carol Moran is Chief of the Animal Crimes Unit. Jeffery Levitt is Chief of the Trial Bureau Blue Zone.  They can be reached at:

Lisa Berk
Kings County District Attorney's Office
350 Jay St.
Brooklyn, New York, NY 11201
1-718-250-2000
(if you call you will have to select #0 to get to an operator at which point you can ask to be put through to Lisa)


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