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Massachusetts woman's refusal to euthanize her dying cockapoo sees her hauled before state's supreme court
A Massachusetts woman who refused to euthanize her terminally ill 14-year-old dog appeared before the state's supreme court after being accused of animal cruelty.
Maryann Russo's cockapoo named Tipper died at home in 2021 after she brought him to the vet on multiple occasions to treat a large mass on the side of his body.
Russo allegedly refused to allow the sick pup - whom she called an 'absolute joy' - to have surgery to have the mass removed on December 25, 2020. She opted to take him home instead.
Just three weeks later, she brought him back to the doctor with worsening conditions, including a necrotic mass, anemia, open bed sores and difficulty breathing. The vet recommended euthanasia which Russo refused.
On July 15, the Quincy District Court and the Appeal Court ruled that Russo will not face criminal animal cruelty charges for going against the doctor's advice and allowing Tipper to die at home.
Maryann Russo's cockapoo named Tipper (pictured) died at home in 2021 after she brought him to the vet on multiple occasions for a large mass that grew on the side of his body
'She wanted to euthanize him over the cellphone and I panicked and I ran up there to go and grab him,' Russo (pictured) said in March
Russo's attorney, Jason Bolio, told DailyMail.com that his client 'loved her dog more than anything in the world,' and is was a 'tragedy she was ever charged' in the first place.
Justice Frank Gaziano, who authorized the final decision, said that the Norfolk County District Attorney's Office failed to prove Russo intended to harm her sick dog, citing 'insufficient evidence of criminal intent.'
'Our opinion should not be read to condone the conduct alleged in the complaint or take a position one way or the other regarding 'complicated' and "heartbreaking" end of life decisions.
'Instead, we hold, on these facts, that the defendant committed no crime,' Gaziano wrote.
After initially bringing Tipper to the doctor, the vet recommended that the dog have surgery to remove the mass on his side which his owner refused, according to court records.
Weeks later, Russo brought her sick dog back in, who could barely walk or stand, and asked for the surgery.
The veterinarian informed her that they feared the cockapoo would not survive the procedure, and instead recommended euthanasia.
'She wanted to euthanize him over the cellphone and I panicked and I ran up there to go and grab him,' Russo told WHDH in March.
Russo then said she would have another professional put her dog down, but the vet became suspicious and reported the incident.
While at home, Russo said that Tipper 'was eating like a horse, drinking everything' and 'recovering.'
Three weeks after a vet recommended that Tipper undergo surgery for the mass on his side, Russo, who refused it at first, came back in. The vet said the procedure would be risky and that the dog should be put down
After the vet reported Russo, a state police officer went to her home to check on the dog, who she said was not in pain and in good health, court records said.
When the officer arrived at the home, he immediately thought otherwise and claimed that Tipper, who exhibited shallow breathing, 'appeared to be deceased,' according to court records.
The investigator then obtained a warrant and Tipper was soon euthanized.
A month later, Russo was charged with violating the animal cruelty statute, alleging that she allowed Tipper to experience 'unnecessary suffering.'
'The reason they apply for a search warrant and seize an animal is because they are watching it suffer. That’s the only remedy in the law,' Lynsey Legier, an attorney at the Massachusetts Society for the Prevention of Cruelty to Animals animal protection division, told The Boston Globe.
Legier explained that in this case, 'the only option to prevent that suffering happened to be humane euthanasia.'
The state and the Animal Legal Defense Fund, the Massachusetts Veterinary Medical Association, the Animal Rescue League of Boston, and the Massachusetts Society for the Prevention of Cruelty to Animals argued that Russo caused more pain and harm to her sick pet. However, Gazino concluded that she tried to get the best care for Tipper.
'The defendant brought Tipper to the animal hospital twice seeking medical care.
'Faced with difficult choices, the defendant took Tipper home to die with the understanding that nothing could be done to alleviate his pain, short of euthanasia,' Gazino said.
Bolio told Boston.com he and his client were pleased with the ruling.
'The case is all about her and what she’s been through in the last four years.
'Her dog was seized from her four years ago and euthanized without even giving her the opportunity to say goodbye. She was prosecuted for felonies under the threat of jail for four years, so yesterday was a really good day for her and for her family,' Bolio said on Tuesday.
Russo's attorney, Jason Bolio, said he and his client were pleased with the ruling. 'Her dog was seized from her four years ago and euthanized without even giving her the opportunity to say goodbye,' he said
The Animal Legal Defense Fund said they were 'disheartened' by the final decision.
'[It] denies justice to Tipper who suffered in agony while his guardian refused to provide necessary palliative care, despite having easy access to medication and treatment options which would have alleviated Tipper’s pain,' senior staff attorney Kathleen Wood said.
'This decision undercuts the clear intent of Massachusetts’ animal cruelty law, which is to protect animals from unnecessary pain and suffering.'
Jeremy Cohen, an attorney who practices pet law, told The Boston Globe that the law surrounding animal abuse in Massachusetts is too vague.
'So much is based on the eye test right now,' he said. 'If your dog is too fat or if you purposely stabbed a dog, you’re charged with the same crime.'
'For that reason, the Legislature should clarify the animal cruelty statute,' Cohen added.
The Norfolk County District Attorney's Office told DailyMail.com that the 'court does not comment on decisions.'
DailyMail.com contacted Bolio for comment.