Kyle Berry, cat killer, rejects plea deal...
Enfield man charged with killing cat rejects plea deal
By Laura F. Alix
Journal Inquirer
Published: Friday, June 12, 2009 12:59 PM EDT
ENFIELD — A local man accused of kicking his neighbor’s cat to death in November rejected a plea deal from the state on Thursday and go to trial on the animal cruelty charge against him this fall.
The man, Kyle Berry, 43, of 21-B Bailey Road, was charged Nov. 1 with one count of cruelty to an animal, but he is also facing a charge of violating his probation, stemming from that arrest.
During a hearing in Superior Court, Berry’s lawyer, Patrick Tomasiewicz, indicated that Berry was rejecting the state’s offer of a 3½-year sentence.
Judge Howard Scheinblum characterized the move as foolish and told Berry he could face up to eight years in prison if he goes to trial and loses — three years for the probation violation and five years for the animal cruelty charge.
On Oct. 29, 2008, a judge gave Berry a three-year suspended sentence and three years of probation on charges of animal cruelty, assaulting a public safety officer, interfering with police, and second-degree threatening.
Then on Nov. 1, police were summoned to Bailey Road when one of Berry’s neighbors called to report that her 12-year-old granddaughter had seen Berry kick her cat, Iris, according to the affidavit supporting his arrest.
The woman told police Berry kicked the cat in the face, picked it up, threw it and kicked it again before threatening her, the affidavit stated.
Berry told police he kicked the cat because it was sitting on his front step growling at him and wouldn’t move when he tried to nudge it away, the affidavit said.
When he talked to police, however, Berry denied threatening the cat’s owner, the affidavit stated.
An animal control officer found the cat and brought it to Suffield Veterinary Clinic, but it died en route.
According to the affidavit, a necropsy performed at the University of Connecticut found the cat died of “multifocal liver trauma with internal abdominal hemorrhage,” caused by the kick.
According to the Department of Correction Web site, Berry has been held at Hartford Correctional Center in lieu of $70,000 bond since April 29.
Trial on the animal cruelty charge will begin in September, Scheinblum said.
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Judge Scheinblum will not be overseeing this trial in September. He's retiring (I'm SURE the defense attorney knew this in advance). We are furious that these judicial poker games are being played by the defense attorney. The last time we were in court, he had the nerve to send a fax to the judge seconds before his client was brought into the courtroom, advising him he would be unable to attend that day's hearing as he was at a seminar. Correct me if I'm wrong, but this lawyer HAD to know well in advance of this seminar. Another continuance. :mad::mad: Thursday's hearing, the defense lawyer was late to court and was VERY argumentative with the judge, off the record, on case law. IMO, it's nothing more than a ploy to get yet another continuance. The trial will commence sometime in September. We won't know when because they only have to give 24 hours notice of the impending trial to the State and the defense. I spoke with a friend of mine who happens to be an attorney,about this case. He is going to keep a watch on it and notify us animal advocates when a date is set so we can go back to court and keep an eye on it. I asked him if the victim's are required to be notified as well and he said no. Reason is it's a criminal case not a civil case. That just plain sucks. But it's good to have friends in the law field.:D
Kyle Berry is NOT a nice man. His lawyer is a big jerk who works the system to his advantage. He should've been slapped with stiff fines for showing such disrespect to the court. I'm also trying to find out what kind of judge Mullarkey is (liberal or conservative) when it comes to animal cruelty cases.
Judge Scheinblum is off the bench in August, and Judge Edward Mullarkey, another seasoned judge, will be hearing the case come September. All I can say is keep your fingers crossed and say a prayer that this animal killer will get the 8 years he soooo deserves.
