Massachusetts woman appears before state's supreme court after she refused to euthanize her beloved cockapoo Tipper who vet told her was dying

A Massachusetts female who refused to euthanize her terminally sick 14-year-old canine appeared earlier nan state's supreme court aft being accused of animal cruelty. 

Maryann Russo's cockapoo named Tipper died astatine location successful 2021 aft she brought him to nan vet connected aggregate occasions to dainty a ample wide connected nan broadside of his body. 

Russo allegedly refused to let nan sick pup - whom she called an 'absolute joy' - to person room to person nan wide removed connected December 25, 2020. She opted to return him location instead.

Just 3 weeks later, she brought him backmost to nan expert pinch worsening conditions, including a necrotic mass, anemia, unfastened furniture sores and trouble breathing. The vet recommended euthanasia which Russo refused.

On July 15, nan Quincy District Court and nan Appeal Court ruled that Russo will not look criminal animal cruelty charges for going against nan doctor's proposal and allowing Tipper to dice astatine home. 

Russo's attorney, Jason Bolio, told DailyMail.com that his customer 'loved her canine much than thing successful nan world,'  and is was a 'tragedy she was ever charged' successful nan first place. 

Justice Frank Gaziano, who authorized nan last decision, said that nan Norfolk County District Attorney's Office grounded to beryllium Russo intended to harm her sick dog, citing 'insufficient grounds of criminal intent.' 

'Our sentiment should not beryllium publication to condone nan behaviour alleged successful nan title aliases return a position 1 measurement aliases nan different regarding 'complicated' and "heartbreaking" extremity of life decisions. 

'Instead, we hold, connected these facts, that nan suspect committed nary crime,' Gaziano wrote. 

After initially bringing Tipper to nan doctor, nan vet recommended that nan canine person room to region nan wide connected his broadside which his proprietor refused, according to tribunal records.

Weeks later, Russo brought her sick canine backmost in, who could hardly locomotion aliases stand, and asked for nan surgery. 

The veterinarian informed her that they feared nan cockapoo would not past nan procedure, and alternatively recommended euthanasia. 

'She wanted to euthanize him complete nan cellphone and I panicked and I ran up location to spell and drawback him,' Russo told WHDH successful March.  

Russo past said she would person different master put her canine down, but nan vet became suspicious and reported nan incident. 

While astatine home, Russo said that Tipper 'was eating for illustration a horse, drinking everything' and 'recovering.'  

After nan vet reported Russo, a authorities constabulary serviceman went to her location to cheque connected nan dog, who she said was not successful symptom and successful bully health, tribunal records said. 

When nan serviceman arrived astatine nan home, he instantly thought different and claimed that Tipper, who exhibited shallow breathing, 'appeared to beryllium deceased,' according to tribunal records. 

The interrogator past obtained a warrant and Tipper was soon euthanized. 

A period later, Russo was charged pinch violating nan animal cruelty statute, alleging that she allowed Tipper to acquisition 'unnecessary suffering.' 

'The logic they use for a hunt warrant and prehend an animal is because they are watching it suffer. That’s nan only remedy successful nan law,' Lynsey Legier, an lawyer astatine nan Massachusetts Society for nan Prevention of Cruelty to Animals animal protection division, told The Boston Globe. 

Legier explained that successful this case, 'the only action to forestall that suffering happened to beryllium humane euthanasia.'

The authorities and nan Animal Legal Defense Fund, nan Massachusetts Veterinary Medical Association, nan Animal Rescue League of Boston, and nan Massachusetts Society for nan Prevention of Cruelty to Animals based on that Russo caused much symptom and harm to her sick pet. However, Gazino concluded that she tried to get nan champion attraction for Tipper. 

'The suspect brought Tipper to nan animal hospital twice seeking aesculapian care.

'Faced pinch difficult choices, nan suspect took Tipper location to dice pinch nan knowing that thing could beryllium done to alleviate his pain, short of euthanasia,' Gazino said. 

Bolio told Boston.com he and his customer were pleased pinch nan ruling. 

'The lawsuit is each astir her and what she’s been done successful nan past 4 years. 

'Her canine was seized from her 4 years agone and euthanized without moreover giving her nan opportunity to opportunity goodbye. She was prosecuted for felonies nether nan threat of jailhouse for 4 years, truthful yesterday was a really bully time for her and for her family,' Bolio said connected Tuesday. 

The Animal Legal Defense Fund said they were 'disheartened' by nan last decision. 

'[It] denies justness to Tipper who suffered successful agony while his guardian refused to supply basal palliative care, contempt having easy entree to medicine and curen options which would person alleviated Tipper’s pain,' elder unit lawyer Kathleen Wood said. 

'This determination undercuts nan clear intent of Massachusetts’ animal cruelty law, which is to protect animals from unnecessary symptom and suffering.' 

Jeremy Cohen, an lawyer who practices pet law, told The Boston Globe that nan rule surrounding animal maltreatment successful Massachusetts is excessively vague. 

'So overmuch is based connected nan oculus trial correct now,' he said. 'If your canine is excessively fat aliases if you purposely stabbed a dog, you’re charged pinch nan aforesaid crime.' 

'For that reason, nan Legislature should explain nan animal cruelty statute,' Cohen added. 

The Norfolk County District Attorney's Office told DailyMail.com that nan 'court does not remark connected decisions.' 

DailyMail.com contacted Bolio for comment.