Cronyism charged in case of dog death sentence

By Lynne Hendricks
Correspondent

Sat, May 17 2008

ROWLEY — Charges of cronyism are being leveled against selectmen for ordering the death of a newcomer's dog after it killed a lifetime resident's pet goat.

Selectmen are denying it, with one calling the charges "garbage."

The five-member Board of Selectmen ordered that Michael Passanisi's 6-year-old black Labrador retriever mix, Niko, be euthanized for killing neighbor Richard Lebel's goat, Miss Daisy, in February. The dog was to be killed next week, but the Passanisis have appealed the decision to Newburyport District Court, where it will be heard April 24.

The motion made by Selectman Richard Cummings to euthanize Niko was seconded by longtime resident Selectman Jack Cook, who stated that the Lebels being lifelong residents was a deciding factor in his decision.

"The Lebels have been there many years," Cook said at the meeting. "I'm gonna take sides with them."

Susan St. Marie is a neighbor of the Lebels and Passanisis, and she said she is angered about what she claims are different rules for longtime residents in cases like this — rules that reward Richard and Melissa Lebel for being "townies" and penalize newcomers like Passanisi, who moved to town three months ago. She thinks the dog would have been treated differently if he were owned by her neighbor Louise Mahaffey, a fifth generation Rowley resident.

"If it was Louise's dog, no one would dare say a thing," St. Marie said. "I know that for a fact."

In a letter sent to The Daily News, St. Marie added "Mike Passanisi didn't have a chance at a fair hearing."

Selectman Dave Petersen vigorously denies cronyism played a part in his decision, calling accusations like that "garbage." He said as far as he can recall, the evening of the dog hearing was the first time he'd ever laid eyes on Richard and Melissa Lebel.

"I have no personal interest in the case, whether it's old people or new people," Petersen said.

Cummings has similarly indicated he does not know the Lebels, and Cook and Selectman Stuart Dalzell did not return calls to The Daily News seeking comment.

One of the key issues that has polarized opinions is the evidence tying the dog to the killing of the goat. Niko was found in the pen with the Lebels' three goats, all three of which had puncture wounds to their throats, and at least two were covered in blood. Richard Lebel has said that Passanisi admitted to him that his dog killed one of his goats, but Passanisi has since said that he found no blood on his dog.

Passanisi has argued that his dog has never shown a killing instinct, but Lebel has brought up evidence that shows the dog had attacked other pets in Salem.

Selectmen Vice Chairman Thomas Moses is worried about the appearance of preferential treatment, although he stressed he'd been out sick the night of the hearing and didn't want to judge his colleagues unfairly.

"I don't want to criticize the process because I wasn't there," he said.

He's not ruling out the possibility, though, because he said he's witnessed other cases of preferential treatment afforded to longtime Rowley residents.

"We have a responsibility to each resident, no matter how long they've been in town," he said. "We have a responsibility to speak for them. If that's the case, it makes me angry. I've seen it happen a million different ways. It's subtle."

He said witnessing cronyism is one of the primary reasons he decided to run for public office in the first place.

"It's one of the reasons I ran," Moses said. "I've seen the problems. I've seen discrimination of new people, and I don't think it's right."

While he sees no problem with the board coming down on different sides of town issues, he was surprised that all four selectmen chose the harshest of punishment over more moderate choices like permanent restraint, muzzling and requiring Passanisi to build a fence.

At the first meeting with the board, Passanisi told the selectmen he would be willing to move to spare Niko's life, and at a follow-up hearing Passanisi informed the board he'd purchased more than $600 worth of fencing and had begun installing it around his property in the hope they'd reconsider their ruling.

"It sounded like this guy was willing to try anything," Moses said. "He was willing to compensate the owner of the goat. Who knows whether that would have worked or not, but I don't believe in 'one strike, you're out.'"

Moses argued a judge will see Passinisi as a "reasonable" person. And when the judge asks him what corrective measures the town required him to take, the rashness of the board's decision will become evident.

"He's going to overturn it," Moses said. "We're going to take up valuable time in court to come to a decision that we as selectmen could have come to on our own. The taxpayers pay for it."

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