By Doug La Rocque
Michael and Erica Costello were once again before Justice Pierce Hoyt in Grafton Town Court this week, to answer eight counts each stemming from the death of a horse on their Old Road property, and the seizure of other animals for alleged abuse.
[private]The Costellos’ attorney, David Gruenberg, presented the court with two motions for each defendant. The first set of motions asked the court to order the Rensselaer County District Attorney’s Office to turn over materials that have been the subject of discovery by Gruenberg. The other motions ask the court to suppress evidence found inside the Costellos’ residence. Gruenberg contends there are ambiguities between what was actually seized and what was contained in the warrant signed by Justice Hoyt. The court has directed the District Attorney to present their recommendations at the April 12 session, at which time Justice Hoyt hopes to rule on them. Gruenberg has said all along he believes this case will go to trial.
Three of the animals seized remain in the custody of the Mohawk-Hudson Humane Society and cannot be adopted out until there is a resolution of the case, or the Costellos give up their rights to the animals. So far, the Town of Grafton has been presented with nearly 12 thousand dollars in bills from the Humane Society, but the Society last month agreed to halt billing until the court proceedings are completed.
The Costellos each face seven counts of failing to provide sustenance and one count each of creating a condition that endangers others. That charge is a result of the couple allegedly leaving the corpse of a dead horse near the roadway for several days. Two other horses described by authorities as in an emaciated condition were privately purchased from the Costellos just prior to their arrest. If convicted, they could each face fines of $500 for each count and three months in jail.
An unrelated marijuana possession charge against Michael Costello was also put off until the April 12 court date.[/private]