A New York dog owner whose pets were seized by the local humane society after she was accused of animal cruelty is now battling back in court, claiming her due process rights have been violated.
Rebecca Klein went to the courthouse in Rockland County and said she’s essentially been found guilty of animal neglect — with no hearing and no criminal charges.
"No one was calling me back, no one would talk to me and tell me this was going to be resolved. Months went by and I’ve sat home crying," Klein told NBC New York.
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It took a lawsuit she filed against the Hudson Valley Humane Society for Klein to have her first day in court. Five months ago, her two pups — Lily, an emotional support animal who was pregnant, and Max, who had suffered a broken leg after being hit by a car — were seized by the group as peace officers executed a search warrant at the Suffern.
Klein has said she still has not been charged or has any idea what she did wrong — but still isn’t allowed to see her beloved dogs.
“I didn’t do anything to hurt them. They were the best thing that ever happened to me,” Klein previously told the I-Team.
The president of the Humane Society told NBC New York there is no definitive process when they seize animals and it could take up to two years to file charges.
“You’re not seeing everything. Trust us, we are. We don’t get a warrant lightly,” said Hudson Valley Humane Society President AnnMarie Gaudio.
"You can see the lack of treatment of the dog — the dog had a displaced fractured that...for 21 days it wasn’t addressed," said Todd Gilbert, the attorney for the Hudson Valley Humane Society.
What’s not in dispute is that Max got loose in Nov. 2022 and broke his leg after being hit by a car. Klein documented visits to clinics and veterinarians. As a registered nurse, she says she opted for a splint rather than expensive surgery — indicating one vet wanted $8,000.
Klein insisted that she did take Max to different clinics, but decided against surgery, saying she believed the dog could be safely splinted. He has since needed two surgeries. Gaudio said that Lily, who gave birth to seven puppies at the shelter, was removed from the home “for her safety."
She also said there is more than meets the eye in this case.
“When you learn what happened in this case, you’ll be aghast,” Gaudio previously said to NBC New York.
The humane society said it has up to two years to file criminal charges and is still investigating and gathering final veterinary reports. But Klein's attorney said it's unacceptable that the dogs were taken without any sort of hearing.
"If you take someone’s property -- in New York or anywhere else -- you have to have a hearing, you have to afford people, in this case, people who own dogs, a hearing, and explain why you took the dogs. That’s why we brought this action,” said attorney Michael Koplen.
"Isn’t this America, innocent until proven guilty? I feel like I’m in another country," Klein said.
The judge said she will read the arguments on both sides and then issue a decision. Klein says she will keep fighting to get her dogs back and to clear her name. Meanwhile, the Hudson Valley Humane Society said it is pressing the district attorney's office to file criminal charges.
