(Photo courtesy of Terry Date, The Eagle-Tribune)  Cote, age 46, of 6 Cote Drive was arrested following a 2 month investigation by Hampstead Animal Control Officer Dale Childs.

The investigation began when one of Cote's dogs was found as a stray.  Hope a 4-year-old beagle was found emaciated and vomiting worms.

Cote said that Hope had given birth to puppies and escaped the day she was found by animal control.  She said the dog was not emaciated.

ACO Childs said the dog was brought to multiple veterinary hospitals in the area and found to have a heart murmur and confirmed to be emaciated.

Animal hospitals measure dogs' body mass index on a scale of 1 to 5, with the norm being a 4; obese dogs are considered a 5.  Hope ranked at 1 and was infected with an internal parasite.

Hope is now at the NHSPCA in Stratham.  Cote will be arraigned in Plaistow District Court on January 14, 2008.

On 8/27/07 Charles Cote met with the Danville Selectmen in response to a letter dated 6/11/07.  The letter stated "it has come to the attention of the Board of Selectmen that an in-home business of the sale of puppies/dogs is taking place without zoning board approval...

Cote stated he did not require a Special Exception hearing because he met the following criteria:

1.  no employees other than the homeowner

2.  no vendors coming to the premises or customers as he stated they were selling dogs out of state

3.  no pet shop

There was a further discussion regarding the criteria stated in the zoning articles which states "the home occupation will not generate unsightliness, noise, smells, fumes or other substances that would adversely affect the character of safety of the neighborhood"

The Board of Selectmen stated they are not convinced Cote meets the criteria outlined in the zoning ordinance Article IV.2d (bullet 5) and recommend he go before the Zoning Board of Adjustments.

The Board of Selectmen were subpoenaed to appear at the court date on 11/29/07 of Cote vs Danville case regarding a confiscated dog.

Update January 15, 2008:

Cote's lawsuit against the town of Danville to return the dog to her was thrown out because neither she nor her attorney showed up for the trial.

Sheila Johannessen, Danville's ACO, was granted a restraining order against Cote for stalking.  Cote must stay at least 100 yards away from the ACO.

Update March 7, 2008:

Cote's trial is now set for May 30th in Plaistow District Court.  Cote was arraigned on 1/14/08 on the misdemeanor charge.  Cote is contesting the charge.

Update May 30th, 2008:

After an all day hearing, where 3 veterinarians testified that Hope was emaciated and dehydrated, the case is continued until the end of June.

Update June 26th, 2008:

4 independent veterinarians have now testified in Cote's case to the condition of Hope.  All testified that Hope was emaciated, and had parasites and they believed her to be about 10 pounds underweight.  They also testified that Hope was malnourished and although she had some milk for her pups, she would not be able to sustain the milk for much longer in her condition.    During the trial it was learned that 2 of Hope's nine pups died from the same parasites that Hope had.

Because of Hope's condition she was taken into protective custody and held first overnight at an emergency veterinarians practice because they were not sure if Hope would make it through the night.  She was later transferred to the NHSPCA and would remain there until the trial was concluded.

Cote's veterinarian Irving Salkovitz, DVM of Wadleigh Falls Veterinary Clinic visited Cote's kennel to check on her kennel practices on August 24th.  Dr. Salkovitz testified at that time he saw a beagle nursing her pups but could not say with certainty that it was Hope.  Dr. Salkovitz also stated that his practice saw Hope on 7/23/07 and she weighed in at 25lbs, was then pregnant and the xray's showed she was carrying 9 pups.  Xray's can show pups at 48 day of pregnancy as the bones are calcified enough to be seen on the xray.  On 9/4/07, the day after Hope was picked up by the ACO, the pups were tested and found to have parasites and a bacterial infection known as coccidia.

Clay Baker, DVM of Wadleigh Falls Veterinary Clinic testified that on 9/2/07 Cote called the veterinarian to state that Hope was not nursing her litter and had diarrhea.  At that time he suggested Hope be put on a bland diet.  Dr. Baker testified that in his experience, when "Beagles deliver they cannot keep the weight on while nursing.  This was not Hope's first litter but rather her 3rd.

Dr. Baker further stated that Hope could have had diarrhea by eating the afterbirth, which would occur for 2-3 days after delivery.  Dr. Baker also didn't feel the pictures presented as evidence were adequate - he felt 2 views should have been taken including a straight on view of the dog as well as lateral views.  As a result Dr. Baker stated the pictures could not confirm the dog was emaciated and dehydrated.  All he would admit is that Hope's low body score was consistent with metabolic gestation based on the pictures.  He had not done an examination of Hope after she had given birth.

Also during the trial, it was learned that Cote had another dog named Hunter who was injured in a dog fight at Cote's kennel in November 2007.  Hunter, a maltese, had gotten into a fight at Cote's kennel with a much larger dog and went to Wadleigh Falls Veterinary Clinic in shock and had to have extensive veterinary care to survive the fight.

Hope was purchased from Loughlin Kennels in May of 2007.  Cote believed that when she purchased Hope she was pregnant.

When Hope was picked up in September 2007 the Town of Danville had no record of any vaccinations and found no record of Hope being licensed.

The State Veterinarians Office visited Cote's kennel on August 13th, 2007 but in their report made no mention to the condition of the 13 dogs seen.  The State Vets Office was there to determine if Cote should be granted a kennel/breeders license.

When Cote testified, she stated she was surprised that Hope would leave her puppies.  Cote stated that Hope got out of the house during the family being busy preparing for the holiday weekend.  The family didn't notice that Hope was missing until they heard the pups start to fuss.  Cote also testified that her other beagle, named Shallow was a bigger dog than Hope and weighed about 25lbs.

In closing, Cote's lawyer Stephen Jeffco stated "we shouldn't be here.. Cote should not have been charged with criminal negligence and wanted the case dismissed".

In closing from Prosecutor Jill Cook she asked the court to consider one thing.  "Why did Cote take only the pups to the Emergency Veterinary and not take Hope given her condition"?

Plaistow District Court Judge Robert LaPointe closed the trial by stating he would render his decision by Monday, June 30th.

Update June 30th, 2008:

Cote was found not guilty of criminal negligence.

Cote still has perjury charges pending in this case with that court date yet to be determined.

Reference:

The Eagle Tribune

Speakout Danville

Danville Police Log

Danville District Court