By Doug La Rocque
Grafton Town Justice Rebecca Snyder-Greene has ruled that the search warrant obtained by the Rensselaer County Sheriff’s Department, that led to the arrest of Michael and Erica Costello on eight counts each, was valid and executed properly. [private] In her ruling, Snyder-Greene wrote “there was reason to believe that there were animals at 85 Old Road that were not being properly cared for and living in unhealthy conditions.” The Costello’s attorney, David Gruenberg, had argued at the suppression hearing there was insufficient evidence and that the warrant was served in an improper manner. The decision also means the seizure of a dog, chickens and other animals will not be invalidated until at least the results of the pending trial, tentatively set for December 28.
The investigation and court proceedings have been ongoing since August of last year, and the Town of Grafton has been billed at least $12, 000 by the Mohawk-Hudson Humane Society for the care of the seized animals. Mohawk-Hudson stopped billing earlier this year until the matter is resolved.
Both Costellos face seven counts of failing to provide sustenance and one count each of creating a condition that endangered others. That charge resulted from the euthanizing of a horse, whose carcass they allegedly left on ground near the roadway for several days. Two other horses who were also part of the investigation were purchased from the Costello’s prior to the seizure. All charges are misdemeanors.[/private]