Appellate Court rules in favor of Norwich dog owner in 2013 attack

The state Appellate Court on Thursday ruled in favor of the owner of two pit bulls held in custody for nearly five years at the Norwich dog pound, ruling that a Superior Court judge erroneously dismissed her challenge to a dog destruction order imposed after the dogs allegedly attacked a grandmother and two young children on Talman Street.

The three-judge Appellate Court panel ruled unanimously that a New Britain Superior Court judge wrongfully issued a “judgment of nonsuit” after dog owner Sheri Speer failed to attend a pre-trial conference in her appeal of the destruction order. The Appellate Court ordered the case back to the Superior Court “with direction to grant the plaintiff’s motion to open the judgment of nonsuit and for further proceedings according to law,” the Appellate ruling stated.

Throughout the legal appeals, the two dogs, an older dog named Skyler and Skyler’s daughter, Dolly, have remained at the Norwich dog pound under orders by Norwich Animal Control Officer Michele Lombardi for minimal contact by staff and volunteers. The city has been paying for the upkeep of the dogs throughout their nearly five-year impoundment.

Speer had appealed the state Department of Agriculture’s decision upholding Lombardi’s dog destruction order following the Aug. 8, 2013, attack in front of Speer’s home at 151 Talman St. To resolve the case short of trial, Speer agreed to pay a fine of $385 for two counts of permitting a dog to roam, two counts of possession of a vicious dog, two counts of failure to register a dog and one count of failing to vaccinate a dog for rabies.

Speer and her attorney Edward Bona, have denied that Speer’s dogs were involved in the attack and argued that the city didn’t consider that other pit bulls in the neighborhood could have been responsible. Speer also claimed that Lombardi failed to follow proper protocols when she took the dogs into custody.

In the incident, grandmother Lisa Hall was escorting her three young grandchildren from their home at 123 Talman St., a rental house owned by Speer, to the Bishop School playground.

One dog attacked the baby stroller carrying then 9-month-old Marquice Downing, knocking the stroller over and causing a minor bite wound on the baby’s forehead.

The baby’s sister, Marlena Downing, then almost 5, was hailed as a heroine after she stuck her arm out to protect the baby. The dog latched onto her arm, shaking it, tearing flesh and breaking her arm.

Hall kicked the dog and was bitten on her leg, and a passerby grabbed a stick and struck the dog.

During the attack, Marlena’s twin sister, Audrena Downing, ran screaming toward her home. The second dog chased her. The girl banged on the door of another tenant in the house, and the woman let the child enter. The girl hid behind a couch until police arrived.

The city took the dogs into custody, and Lombardi issued a destruction order. But Speer appealed the order to the state Agricultural Department. State Agricultural Commissioner Steven Reviczky affirmed the order in August 2015. Speer filed suit in New Britain Superior Court.

New Britain Superior Court Judge George Levine dismissed the case but agreed to reconsider. He filed an order of nonsuit on Speer’s motion to reopen the case after Speer failed to attend a pretrial conference with the judge, although she participated by telephone and Bona attended the conference in person.

The Appellate Court ruled that the trial court “abused its discretion” in denying Speer’s motion to reopen the judgment after she didn’t attend the conference in person.

Speer and Bona did not return telephone messages seeking comment on the Appellate Court ruling Friday.

Police Lt. Corey Poore said Friday he could not comment on the case, since litigation is ongoing.