Patrick the Miracle Dog's Welfare Not at Risk, Judge Rules

Once again, a judge has ordered that Patrick the Miracle Dog should stay at Garden State Veterinary Specialists until the case against his accused abuser is resolved. This second order also disputed the Associated Humane Societies’ claim that the dog's welfare is at risk at the veterinary hospital.

Despite a previous judge’s order in early June that Patrick the Miracle Dog stay at the GSVS, AHS  filed a notice of appeal and motion for emergent relief last week to have Patrick moved to AHS. 

On June 21, AHS filed its notice with the Superior Court of New Jersey Appellate Division. According to the court documents, AHS claimed that Patrick was being held at the veterinary hospital that lacked “essential services and conditions to rehabilitate the animal.”

In addition, AHS claimed that “requiring the animal to improperly remain at the veterinary hospital, it will result in a construction adoption as a staff member of the hospital wants to keep the dog permanently.”

Judge Clarkson S. Fisher, Jr. ruled on June 23 that Patrick should stay at GSVS until the criminal case against the pit bull’s accused abuser is over. In addition, Fisher said in the court order that Patrick’s welfare is not at risk at the GSVS, as AHS claimed.

“The record is devoid of evidence even suggesting this dog’s health or welfare are at risk in the hospital where its condition has improved,” the judge wrote.

The pit bull was discovered on St. Patrick's Day in Newark in a trash bag that had been dumped down an apartment garbage chute and has become a poster pet for animal welfare activists.

Since Patrick is evidence in the case against Kisha Curtis, his alleged abuser, Fisher wrote that the Essex County prosecutor is in lawful possession of the dog until the charges against Curtis are resolved. Additionally, according to Judge Fisher, the prosecutor is not “wrongfully depriving AHS of any interest it might have in the dog.” 

GSVS Attorney Gene R. Korf of Korf & Rosenblatt had no comment when contacted by Patch. The attorney representing AHS, Colleen Flynn Cyphers of Levin Cyphers, did not respond to Patch’s request for comment.

The custody battle over Patrick may be far from over once Curtis’ case is resolved. Both GSVS and AHS have both laid claims to Patrick, and a series of legal motions have been filed since April. It has been a contentious custody battle, with tens of thousands of worldwide followers. Patrick has received enormous media attention, and many postings on the internet, Twitter, Facebook and blogs have gone viral.

The judge gave insight into what may occur to Patrick if Curtis is found guilty of one the animal cruelty offenses and the judge finds Curtis’ possession of Patrick poses a risk to the pit bull’s welfare.

“The judge may adjudge the dog, and any other animal owned or possessed by Curtis, forefeited, and the judge may specify an appropriate disposition for any animal so forfeited.” Certified animal control officers and agents of the New Jersey Society for the Prevention of Cruelty to Animals may file a petition for forfeiture of Patrick, if Curtis is found guilty, according to the court order.

While Patrick’s ultimate fate awaits the criminal case resolution, the custody battle so far—that has been quite litigious—may continue over the abused pit bull who has won over the hearts of many.