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Franklin cat-cruelty case put off until June
Published in the Home News Tribune 4/15/04
By RAVEN
HILL
STAFF WRITER
FRANKLIN: A cat-cruelty hearing has been postponed
until June 9 to give one of the defendants a chance to get an attorney and possibly allow for a change of venue.
Jason
J. Mate, 31, of North Brunswick and Janos Kovas, 47, of Franklin appeared in Municipal Court last evening in connection with
the Feb. 4 incident at Franklin-Hamilton Gardens apartment complex on Hawthorne Drive. The two maintenance workers are accused
of dunking a feral cat in a bucket of kerosene, hitting it with a fire extinguisher and then burying it in the snow after
it did not die.
They previously entered not-guilty pleas. If found guilty, they could face up to six months in jail,
30 days of community service and fines.
Frederick A. Simon, Mate's attorney, said his client needs more time to consider
the penalties. Simon said that when he's handled animal-cruelty cases in the past, the accused did not face jail time -- even
if the animal died.
They previously entered not-guilty pleas. If found guilty, they could face up to six months in
jail, 30 days of community service and fines.
Frederick A. Simon, Mate's attorney, said his client needs more time
to consider the penalties. Simon said that when he's handled animal-cruelty cases in the past, the accused did not face jail
time -- even if the animal died.
The attorney questioned whether there was a conflict of interest between the township
prosecutor, Steven Rothblatt, and his father, Murray Rothblatt, an agent with the N.J. Society for the Prevention of Cruelty
to Animals, which filed civil charges along with disorderly persons summonses.
Associate Judge E. Ronald Wright said
he would grant the extension in part because Kovas does not have an attorney.
"Anyone who's facing jail time should
have a lawyer. The Constitution requires that," Wright said.
Citing the "egregious" circumstances surrounding the
alleged abuse, Steven Rothblatt said he believed jail time is justified.
Wright said, "Had the cat not survived, I
think the case would be more egregious."
After the hearing, the prosecutor reiterated his stance, pointing out that
the cat was burned and then left to suffocate or freeze to death.
"In this case we have a cat that was injured badly,"
Rothblatt said. I believe these facts are egregious. If these people are convicted, we will be seeking jail time," he said.
Simon said he would probably seek a change of venue.
"How can a prosecutor not be influenced by his dad's
view, especially when he tries to negotiate a fair, arm's length plea bargain?" said Simon. "These cases . . . have to be
tried in the justice system with fairness."
Diane Hein, who volunteers at the animal shelter where the cat, a gray
short-haired tabby nicknamed Stinky, is being held, called the judge's decision to postpone the hearing "ridiculous."
Another
volunteer, Roslyn Cowan, added, "I hope if I do something wrong that I see him."
Raven Hill: (732) 565-7263; rhill@thnt.com
Copyright 2004 Home News Tribune.
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