Jay Baldwin is living proof...

[moosmom]

that the laws in CT protect criminals.

Irene Hudobenko and I have been trying RELENTLESSLY to serve small claims papers on Jay Baldwin for damages done after he pled guilty and was convicted of 10 counts of animal cruelty. By law, the victims are entitled to seek restitution from him. His former landlord is seeking the maximum by the state, $5,000. Irene is seeking damages for vet bills, 2nd necropsy and punitive damages.

She spoke with his parole officer who said she cannot divulge ANYTHING about Jay or she will lose her job. Nice, huh? The system protects this @$$hole after he tortured and killed MANY animals.

Right now we are at a standstill. We're holding off going to the media because we don't want to alert him that we're looking to serve him.

Basically, we've hit so many roadblocks, we've been told the only way to have him served is to hire a lawyer who will hire a private investigator to find him. Lot of $$$$ it'll take to serve him papers.

The system SUCKS!!!! Protecting a serial cat killer. What is wrong with this country??? Sorry for the rant, I'm just really pissed right now and the lack of cooperation the system shows for the victims.

[Medusa]

It's because it's about cats and not humans. I'm not saying it's right, just that it's my feeling that cats are considered to be unimportant, not even as property as dogs are. In this day and age, if you can't be found w/cell phones, email, pagers, Blackberries, etc., you don't want to be found. Bide your time, Donna, and he'll turn up again. It's unlikely that he's seen the error of his ways and, unfortunately, if other cats are missing or animal abuse is reported, you may be able to track him down that way. It's all so sad and infuriating but not uncommon for the law to turn a blind eye to cases such as this.

[moosmom]

Mary,

The problem with biding our time is that there's a statute of limitations of one year to file a small claims suit. That deadline is up either one year from June (the date he was caught) or one year from August (the date he was arrested). I've been on hold with the court clerk's office for the last 15 minutes, listening to a recording about how important my phone call is to them and my patience is wearing VERY thin at this point

[Medusa]

I didn't even think of a statute of limitations. Yes, I can see why it's so frustrating for you. Guess we'll just have to get out the doll and pins. KIDDING!

[Catty1]

Donna, have a look at this...at least contact them and see what they suggest. I think a lawyer is in their ranks, or they sure will know one!

http://petoftheday.com/talk/showthread.php?t=150086

[moosmom]

Candace,

I spoke with my friend's husband who is a lawyer. He said we have plenty of time because the statute of limitations for criminal negligence in Baldwin's case is between 6 to years. That in itself is a relief.

I will look into the link. Thanks.

[moosmom]

I'm sitting here thinking "Why am I bothering???" I got a call from Irene and told her what Mary from RescueInk had told me. She got an instant attitude because she didn't agree with what Mary had told me. I told Irene that I sensed her anger at me and felt that it was misdirected. I told her not to shoot the messenger.

I'm getting very frustrated with her attitude and angry and am starting to take it a little personal. She thanked me and said that out of everyone, I'm the only one that has been helping her.

Maybe I should take a few steps back and become a little less available.

[Cataholic]

Donna,
I practice in OH only. If I understand the situation correctly, you are seeking restitution from this guy. That seems connected to the criminal case in which he pled. The court would order restitution to the victims. If you are seeking property damage, this would be a civil cause of action (a private person vs. another private person). In OH, these claims have a 4 year SOL. And, if it is a private cause of action, you aren't required to serve him, the clerk's office is required to serve him. Yes, you are the person that asks the clerk to do it, but, physically, you aren't doing the service (unless you have been appointed a special process server). You always have the option of service by publication in a local newspaper serving your county. This is usually expensive.

If it is restitution you are seeking, I think your state has a victims of crime program, and you can seek restitution from them, directly.

I practice in Ohio only, and this should only be construed as general advice, and not used to rely upon. Everyone should always seek opinions of an attorney licensed to practice in their own state.

[moosmom]

That's what I thought. Over New Year's Eve, I did the research and that's exactly what the statute entails. We have been getting the run around big time. The Victim's Advocate doesn't return calls unless the Attorney General is involved. The first time I emailed him, we got a call from the VA in 4 days. Hmmm, coincidence? I think not. He told Irene to call the Adult Probation. Ask for his probation officer. While she couldn't discuss the whereabouts of the jerk, which I know are the laws, she said we'd have to get a sheriff to have him served. No one is gonna lead a wild goose chase looking for some guy that's destitute. That takes $$$$$$$. Irene and Joanne don't have it. It's not that we expect the money, cuz we know he doesn't have it. We just want to keep his name and face in the spotlight.

Anyway, we have been hitting MAJOR roadblocks and I'm sure that's illegal. I read the statutes. Victims have the right to seek restitution from the criminals. Unfortunately, they've got a protective barrier around this idiot.

*sigh*

Johanna,

Thanks for the advice. It's basically the same here in CT.

[caseysmom]

Donna, keep fighting the good fight, the kitties need you. {{hugs}}

[moosmom]

I spoke with Irene last night. She got a lawyer's advice. This is basically the story..Right now it's a waiting game. Once the two year program that Baldwin is in is done with, he has to go back to court to have it disposed of. Once he does that, Irene and Joanne will have him served in court and will go after him civilly, Until then, we wait. Fortunately, with civil lawsuits, the statute of limitations is 6-8 years, so we're safe.

The lawyer she spoke with said that once Baldwin went into the Pretrial Diversion Program, a brick barrier went up to protect him. THAT makes me sick. But, until the laws on animal cruelty and abandonment are changed in CT, there's not much more we can do.

I will be getting the list of the new state and federal reps in my area and will start writing letters.

We are notifying the media on Monday of this dilemma so we keep it alive in the newspaper.

[phesina]

Good for you, Donna. Keep after this sorry excuse for a human. God bless you for all you are doing.

[moosmom]

Thanks for the support, everyone.

[Catty1]

Donna - is there a pic of this guy? I can go check Facebook if you email it to me.