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The Dukes of Hazard?

Duke the pitbull has a web site where supporters can sign a petition:  www.SaveDuke.homestead.com

Dog trainer says death row rulings were unjustified

BY DENISE FLAIM
Newsday Staff Writer

August 22, 2006Two_dukes

Duke's time is running out - and Jeff Kolbjornsen would give anything to just throw away the hourglass.

Kolbjornsen, 46, founder and owner of Elite Animal Trainers in Islip Terrace, recently developed an avocation for saving death-row dogs named Duke.

The first, a 1-year-old bulldog from East Meadow who tagged along with two Rottweilers when they mauled a 4-year-old boy in April, was spared. But the other Duke - an amber-eyed pit bull who accosted this reporter with slobbery kisses - is slated to be euthanized Friday.

"These two Dukes have a lot of things in common," said Kolbjornsen, who brought the two together for a photograph yesterday. "Both of them have been unjustly accused."

Duke the pit bull has been impounded at the Town of Islip shelter for 2 1/2 years - more than half the 4 1/2-year-old dog's life. He was deemed a dangerous dog in November 2003 when his owner, Denise Menendez of Hauppauge, failed to attend a hearing to respond to a neighbor's accusations that Duke and her female pit bull had attacked his dogs and horse. (Menendez said her husband went to the wrong court house.)

Menendez failed to follow the court's order to keep the dogs penned when outside, and a month later, the neighbor, Dominick Motta, alleged the pit bulls attacked his American bulldog. In February 2004, a judge ordered that Duke be euthanized. This July, the appellate division of the State Supreme Court denied Duke's most recent appeal.

Kolbjornsen said Menendez hired him a year ago to evaluate Duke. He started with pressing and pulling on the pit bull's ears, feet and flanks. No response, but for tail wags. Kolbjornsen rolled the unneutered male on his back. He picked him up and restrained him. He ran up to his face and stamped his feet. He took away toys, moved his food bowl while he was eating.

Nada. Zero. Zip.

"I was pushing this dog to see if he would react, but he has the temperament of a Labrador retriever," said Kolbjornsen, who organized a rally last week to publicize Duke's plight and has helped Menendez find new legal representation. "There's no proof that this dog was the one that did it, and everything points to the fact that he didn't."

Workers at the shelter mirror Kolbjornsen's assessment, saying the dog's greatest transgression has been to leap atop a table to help himself to a container of Milk-Bones during Menendez's frequent visits.

Kolbjornsen, whose calm, steady manner invariably evokes comparisons to "Dog Whisperer" Cesar Millan, said he helps rehabilitate problem dogs for local shelters, and has about 10 dogs available for adoption to the right homes. He added that a request to stay Duke the pit bull's euthanasia order could be filed as early as today.

The first Duke already has his fairy-tale ending: The two Rottweilers involved in the child's mauling were euthanized, with the young bulldog headed for a similar fate - until Kolbjornsen volunteered to evaluate him.

Kolbjornsen's temperament testing confirmed what many bulldog aficionados already suspected: "Duke's a follower - he doesn't show any signs of being a dominant dog." A compromise to save the dog's life was struck when Kolbjornsen agreed to board and train Duke at his facility until the bow-legged bowser is placed with a new owner who lives out of state and does not have any children.

"He's a great dog - I just told him that tonight," Kolbjornsen said of the smushed-faced pup. "I'm going to be sad to see him go."

Copyright 2006 Newsday Inc.

Comments (18)

This dog should not be put down due to come "accusations". It is proven that this dog is not harmful and has nothing but a good heart. Think of what this family is going through. A dog become more than just a pet it becomes part of the family.

Thank You,
Britany

I AM SO ANGRY AT HOW EVERYONE THINKS THE ONLY SOLUTION IS TO JUST "DO AWAY" WITH A POOR DEFENSELESS ANIMAL. THEY ARE LOOKING TO BLAME POOR DUKE AND, IN FACT, CANNOT REALLY SAY HE ACTUALLY DID DO THIS. REMEMBER, HE CANNOT SPEAK FOR HIMSELF AND CAN'T DEFEND HIMSELF EITHER. THAT'S WHY WE HUMANS ARE HERE FOR HIM AND TO SUPPORT HIM IN ANY WAY WE CAN. I AM AN ANIMAL LOVER AND ARE SO APPALLED AT HOW EVERYONE SEEMS TO WANT TO TAKE THE EASY WAY OUT. GIVE HIM BACK TO HIS OWNERS AND THEY WILL TAKE CARE OF HIM THE PROPER WAY; NOT IN A SHELTER ENVIRONMENT. HE NEEDS TO BE WITH HIS FAMILY AND THEY NEED TO HAVE HIM BACK HOME. I WOULD GO TO THE ENDS OF THE EARTH FOR MY DOG. HOW CAN WE HELP? I LIVE IN NEW JERSEY AND WE ARE ALL SO ANGRY ABOUT THIS STORY. WE WANT TO HELP BUT DON'T KNOW HOW. CAN WE CONTACT SOMEONE--ANYBODY? PLEASE LET ME KNOW. HOW'S ABOUT THE PITBULL RESCUE PEOPLE? I'M SURE THEY WOULD BE HAPPY TO RESCUE HIM. PLEASE HELP US HELP HIM. CAN WE CONTACT THE COURT?

DYAN MELUCCI
LODI, NEW JERSEY

Addresses of where to send letters and/or hold gatherings:

***At the Appellate Division: Order to show cause return date is April 11, 2007, Issue at this court is whether the sentencing of the second hearing was too severe and based on a misapplication of the dangerous dog law which did not cover dog on dog attacks at the time of the incident:

Appellate Division 2nd Department

45 Monroe Place

Brooklyn, NY 11201

Case does not have an index number assigned to it yet but tell people to refer to:

Dominick Motta v. Denise Menendez (and to put at the top of their letters that their letters are in support of Duke and the Appellant Denise Menendez)

At the Appellate Term: Order to Show Cause return date is April 27th, 2007, Issue at this court is whether to vacate the first hearing that you received a default on because of the defective notice and the one man hearing that was held:

ARE YOU GIVING THEM AWAY???????????????

I'm sick of hearing about people wanting to euthanize all pitbulls they are not bad dogs. The reason pitbulls have such a bad reputation is because of the people who own them. Pitbulls can be just as nice as a labrador retriever or really bad it all depends on the owner, so why punish all pitbulls and all the people who would like to own a pitbull. Duke obviously didn't do anything to that other dog or the horse and it's really sad that someone would just make up a story like that just because he/she is afraid of pitbulls. I've seen more mean chihauhuas than mean pitbulls it's really ridiculous and this extremely pisses me off.

couldn't agree with you more Jared

EVERYONE HAS WORKED VERY HARD FOR DUKE! I HAVE FELT RIGHT ALONG, THE ONLY REASON DUKE HAS BEEN IN "JAIL" FOR ALMOST 4 YEARS IS THE FACT HE'S A PITBULL! THE WHOLE THING HAS BEEN A FARCE AND A BIG EXPENSE FOR
DUKE'S PEOPLE AND THE REST OF US, MOSTLY THE GALS IN NEW YORK WHO ARE DUKE'S CHAMPIONS!
KOLBJORSEN, WHO IS PICTURED WITH OUR DUKE AND AN ENGLISH BULLY, WAS RESPONSIBLE FOR GETTING THE ENGLISH BULLY FREED. THIS DOG WAS ALSO ACCUSED OF BEING A DANGEROUS DOG!

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