NEW YORK – An overzealous animal control officer hungry for fame illegally searched a Staten Island home just so he could mug for the cameras on an Animal Planet reality show, a judge has ruled.
John De La Torre, a six-year ASPCA veteran, was acting on an anonymous tip when he stormed into the house in 2005 without a warrant.
He charged two housemates, both certified animal rehabilitators, with cruelty to animals and seized six of the 12 dogs and cats living in the Port Richmond home.
The case was tossed out by a Staten Island Criminal Court judge in a scathing decision issued Thursday.
“Officer De La Torre, in an effort to play the starring role, acted in a manner to effectuate an arrest,” wrote Judge Matthew Sciarrino.
“He wanted to arrest this defendant, as this would make for “better’ television. … The reality of “reality’ shows is that they do not always capture reality.”
De La Torre, of Queens, forced the men – Barry Delaney, 69, and Kevin Lewis, 58 – to present the animals one by one for inspection.
The footage of De La Torre’s search never aired. But he has appeared in one segment of the popular show, “Animal Precinct,” which features New York City ASPCA officers in the line of duty and anchors Animal Planet’s prime-time schedule.
“I’m sure Officer De La Torre acted in good faith and was in the confines of his duty as a peace officer,” said Joseph Pentangelo, assistant director of the ASPCA’s Humane Law Enforcement Division.
He said the six animals signed over to the ASPCA from the Staten Island home needed medical treatment.
“The ASPCA has been doing this work since 1866 and will continue to make arrests when appropriate,” he said.
“I’d like to think that cameras are never a factor.”
But Delaney’s lawyer called De La Torre “clueless” about proper procedure for seizing animals.
“No one wants to see a situation where animals are abused,” said attorney Curtis Farber. “But if anyone had done any investigation at all, they would have seen that this whole thing was perverted by the presence of Animal Planet.”
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