Faces fine of up to $1,000 and 6 months in jail

10/21/05

PERTH AMBOY — On numerous occasions since December 2003, Maritza Rosario has heard noises at night in her backyard or porch and gone to check, only to find the same man in her yard, often standing behind her dog.

In Perth Amboy Municipal Court, Rosario yesterday pointed to Jose Rodriguez, 39, as the man accused of entering her property and sexually attacking her dog, a 95-pound Rottweiler named Precious.

Rodriguez yesterday was found guilty by Municipal Court Judge Emery Toth of two counts of defiant trespass, disorderly persons offenses related to being on Rosario's property repeatedly during the past two years as well as specifically on Dec. 19, 2005, when police observed him on her property with the dog.

Rodriguez is already serving 45 days in the county jail for violating a court order to stay away from Rosario and her pet, and 60 days to run consecutive to the 45 days for a second court order violation.

Toth said the man faces a fine of up to $1,000 and up to six months in jail on each of the trespassing charges. Rodriguez is scheduled to be sentenced Thursday.

Toth plans to review his notes and the laws related to inflicting cruelty on a animal, tormenting an animal and the effects of sexual contact on an animal before ruling Thursday on the different charges brought by the New Jersey State Society for the Prevention of Cruelty to Animals for allegedly sodomizing the dog.

Toth said if Rodriguez is found guilty, he will be sentenced that day.

Frank DeVito, a Union Township attorney representing Rodriguez, will argue that his client is already serving enough jail time for the restraining order violations. DeVito said Rodriguez did not testify in his own defense yesterday because he was intoxicated at the time of the incidents, and had nothing to offer.

DeVito said his client has a drinking problem that is getting under control and has also received mental health therapy.

"Under the law my client has no criminal record. He's presumed not to go to jail," DeVito said.

Toth said DeVito also argued that while his client may be a nuisance, the state cannot prove the alleged acts of cruelty and penetration.

During the trial, Rosario and several city police officers testified about Rodriguez being in her fenced backyard, which has a locked gate. Rosario testified about scaring Rodriguez away several times when she confronted him late at night on her porch where her dog stays.

"Every time he came around she (Precious) would smell like alcohol. He use to drink on the back porch," said Rosario, adding police found a bottle of rum in her yard.

On Dec. 19, 2004, around 1:15 a.m. Rosario's teenage daughter was cooking a snack when she heard a noise. She told her mother, who peeked out the window onto the porch and saw her dog with its hind legs wrapped around Rodriguez. She called police.

Officer Stephen Banfield, who responded, testified he saw Rodriguez squatting on Rosario's back porch with his arms holding onto the dog's hind legs, with his pants crumpled down to his knees, as the dog made a whimpering sound. Rodriguez ran, before Banfield was able to apprehend him.

"He did smell of alcohol," Banfield testified.

Jamie Le Poidevin, a city animal control officer, said she and Rosario took the dog to the veterinarian the following day.

"The dog was limping from the hind quarters," said Le Poidevin, a certified animal cruelty investigator. "She was favoring her right leg. She appeared to have extended her hips the wrong way."