Thursday, September 28, 2017

Dog Death Disbarment

An attorney's felony conviction has resulted in his disbarment by the New York Appellate Division for the First Judicial Department

Respondent was charged in an indictment, filed in New York County Supreme Court, with aggravated cruelty to animals, a class E felony, and overdriving, torturing and injuring animals, a class A misdemeanor, in violation of Sections 353-a(1) and 353 of the Agriculture and Markets Law. On May 9, 2017, respondent was convicted, after a jury trial, of both counts of the indictment. On May 31, 2017, respondent was sentenced to a term of imprisonment of two years on the felony count and one year on the misdemeanor count to run concurrently, he was required to register on the animal abuse registry, final orders of protection were issued and he was banned for 10 years from owning any animals.

Specifically, respondent was found guilty of killing his girlfriend's dog. At sentencing, Justice Robert Mandelbaum said that respondent's repeated blows to the dog "showed almost incomprehensible violence, and malice," that the dog was in "excruciating pain" up until she lost consciousness while respondent "sat down at his computer in the most cold blooded manner, and went to work, knowing that the dog lay dying,...on the floor behind him."

Details on the conviction from the New York Post.

A corporate lawyer was convicted Tuesday of beating to death his girlfriend’s poodle as his mother burst into sobs in the gallery.

Anthony Pastor, who had a defense team of three lawyers, shook his head in disbelief as the foreman read the guilty verdict, which took the panel about three hours to reach.

Justice Robert Mandelbaum ordered Pastor, 46, handcuffed and held without bail until he’s sentenced May 31. He faces up to two years in prison.

During the disturbing one-week trial, two of Pastor’s ex-girlfriends testified that they both discovered their beloved pooches dead at his Upper West Side brownstone.

But he’s only charged with the slaying of Snoopy — Taly Russell’s 4- year-old poodle.

Russell, 45, testified last week that when she awoke at Pastor’s pad Aug. 4, 2016, she found Snoopy’s lifeless body on the living room floor.

“I looked down and there was Snoopy — stiff, not moving — her eyes were sunken into her head, and there were feces behind her, then I went closer, and I touched her and she was cold and hard,” she said.

An animal autopsy revealed that the little pooch, who Russell described as a “ball of fluffy cuteness,” had nine broken ribs, a pulverized kidney and massive internal bleeding.

Pastor’s ex-fiancee Monique Olivares also took the stand and told jurors that Molly died under chillingly similar circumstances in 2013.

“I found her in front of the sofa, not moving, lifeless and there were feces behind her,” Olivares said, fighting back tears. “I said, ‘Oh my God, Molly is dead!’” Pastor was sitting mere feet away on his computer.

Lead defense lawyer Gerald Lefcourt argued that Snoopy could have been injured the night before her death when the couple had sex under a tree in Riverside Park and left Snoopy tied to a fence about 15 feet away.

But Russell insisted she maintained a clear line of sight to Snoopy during the brief assignation.

Assistant District Attorney Tanisha Palvia argued that Pastor flew into a rage after Snoopy had an accident on the carpet.

“This small, fluffy dog was beaten to death,” the prosecutor said. “Think about the kind of person who would cause this kind of injury to a defenseless animal.”

The Maryland Court imposed a lesser sanction on an attorney who had gone into the home of his client's spouse and

Precisely what happened in the early morning hours of October 14 is not at all clear. The evidence, however, is sufficient to persuade the court that respondent and Mr. Sanders entered the home of Ms. Sanders without authorization, ransacked it, clogged the toilet, stole personal property and killed the family kitten Max. The court rejects respondent's contention that Max's death was accidental.

Within a week of the incident, respondent had told his law partners of his involvement and retained attorney Augustus Brown. Subsequently, respondent gave a statement to the Harford County Deputy Sheriff Keithley. On January 17, 1992, respondent pled guilty to two misdemeanors: breaking and entering a dwelling house and cruelty to animals. He was given one year for breaking and entering and 90 days for cruelty to animals.

Max had been murdered in the microwave. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/09/an-attorneys-felony-conviction-has-resulted-in-his-disbarment-by-the-new-york-appellate-division-for-the-first-judicial-depar.html

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Should note that he was a solo practitioner who did mostly IP work, and who claimed expertise in software programming. His website is down (www.pastorlaw.com) but can be viewed through the Internet Archive's Wayback machine. https://web.archive.org/web/20161010183158/http://pastorlaw.com:80/

Posted by: Andy Patterson | Sep 29, 2017 5:50:08 AM

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