By Doug La Rocque
Charges against Michael and Erica Costello of Old Road in Grafton were settled April 11 with a plea deal, that saw Michael Costello plead guilty to one count of disorderly conduct in full satisfaction of all charges brought against him.[private] The charges, originally filed in August of 2015, included seven counts of failing to provide sustenance and one count of creating a condition that endangered others. These were all misdemeanors. His wife Erica faced the same counts, but as part of the deal, all charges against her were dismissed. Costello was fined $250 by Grafton Town Justice Rebecca Snyder-Greene. The fine also carried a $125 surcharge imposed by New York State. The agreement also stipulates the Costellos will not be allowed to own animals for two years, and that they forfeit any claim to the animals that were taken from them.
The Costellos were arrested after the Rensselaer County Sheriff’s Office received complaints about the condition of three horses owned by the pair. One horse had to be euthanized. The other two were purchased by Allison Drake. During the execution of a search warrant, deputies seized a dog and cat, rabbit and several other animals.
As to the reason the prosecution agreed to the plea deal, Rensselaer County District Attorney Joel Abelove said, “the case disposition resulted from serious proof issues that developed as the case progressed to trial. Specifically, statements made by the veterinarian, along with those made by the Mohawk Hudson Humane Society, cast doubt on our ability to prove the charges beyond a reasonable doubt. We are glad the defendants agreed to surrender the animals, as well as not to possess animals for the next two years.”
Grafton Pays Cost of Housing
The Town of Grafton has paid nearly $13,000 to the Mohawk Hudson Humane Society for housing of the animals seized during the execution of the search warrant. In 2016, the Humane Society agreed to stop billing the Town, and the animals were later adopted out. According to the law, the Town cannot seek restitution from the Costellos, because Grafton had a standing legal agreement with Mohawk Hudson to house animals at the time.
Grafton Town Supervisor Ingrid Gundrum said, “I am horrified” by the outcome of the case, and that “justice was not done for the horse that had to be put down.” Gundrum was one of the original complainants in the case, before she became Town Supervisor. It was her potential testimony that caused the case to be ordered out of Grafton Town Court, because as Supervisor, she signs Justice Snyder-Greene’s paycheck. Justice Snyder-Greene was allowed to accept the plea deal in Town court, because it would no longer involve Gundrum’s testimony.
The case was delayed at the opening day of trial last January, when it came to light there was, as Defense Attorney David Gruenberg stated, “new evidence that has been volunteered.” The Assistant District Attorney at the time, Chris Ellis, joined Gruenberg in the motion to postpone, and that motion was accepted by Justice Snyder-Greene. [/private]