MARBLEHEAD — The lawyer for Jessie the German shepherd is appealing the dog's Jan. 28 death sentence. What's more, attorney Jeremy Cohen said he will not reveal the fugitive animal's current location despite earlier promises to the Board of Selectmen.
Everything changed after the board ordered that the dog be destroyed, he said.
"They just want his blood," said Cohen, who represents the dog's owner, Dr. Anthony Schepsis, a Marblehead resident and orthopedic surgeon in Boston.
"That's ridiculous," responded Selectman Harry Christensen, noting that the board acted to preserve the public safety. "My concern is that if the dog were banished. And there was a tragedy out there." He imagined a small boy or girl attacked by a demonstrably vicious dog. "And I don't want bad dreams from a decision I made."
As far as he knows, said Police Chief Robert Picariello, Jessie is somewhere in upstate New York."I gave an order that the dog was to stay in the house (in Marblehead) until the selectmen took action," he said.
Jessie's escape, Cohen believes, did not defy Picariello's request.
Marblehead officials aren't sure what they can do to enforce their order, since such cases happen so seldom.
The lawyer came to Abbot Hall on Friday to copy a recording of the hearing in which Jessie was condemned in absentia. It includes a statement from Carole Bouchat, who was severely mauled by Jessie on Jan. 8, her calf ripped open as she was pulled to the ground.
"I am left with serious open wounds and considerable injuries to my leg that is still draining," she told the selectmen. "It is horrific to think what could have happened if a small child or older person had been a victim."
Expressing sympathy and regret at Bouchat's suffering, Cohen points out that Jessie had never previously bitten a person and was apparently protecting his territory from another dog. "She got in the way of a dog fight," he said. Jessie withdrew after the initial attack, he added. "He got his message out and went back."
Any blame, Cohen added, should be directed at his client, Schepsis. "He knows that he was at fault. The dog was off his leash." Meanwhile, Schepsis has given up ownership of Jesse. "He knew he was parting with his best friend for good."
The dog is now receiving extensive training, said Cohen, while living in a spacious, enclosed area. "I don't know where he is. I just know he's out of state. I know he has a new owner."
Schepsis will give the dog's location, said Cohen, if Selectmen agree not to kill him.
"We believe Jessie is not the killer he's made out to be," he said. "They labelled him a serial biter. He's bitten one person."
By contrast, Cohen pointed out, on the same night the board gave a second dog, Geeno, a chance to escape death — sending him to a trainer for evaluation, despite the fact that this animal had committed as many as four bites on humans. Cohen admitted to having been taken by surprise at the witnesses arrayed against Jessie last week. They included neighbors whose dogs had been attacked by Jessie, and animal control officer Betsy Tufts, Town Clerk Robin Michaud and Picariello.
