Judge in Doghouse Over Sealing Attorney's Dog's Bestiality Case

[Lawyer]Tenant allegedly tapes super sodomizing dog
The Journal News by Shawn Cohen - February 17, 2012
Rye resident sets up a 'nannycam' in apartment

RYE, NY — The superintendent of a Rye apartment complex is accused of sneaking into a tenant’s apartment and sodomizing the man’s pet dog. Kujtim Nicaj, 41, who lives and had worked as a superintendent at Rye Colony at 58 Peck Ave., was caught having intercourse with the male Labrador retriever on a “nannycam” on Feb. 8, police said.  The tenant reported him to Rye city police and turned over the video that he had secretly set up because he suspected someone had illegally entered his apartment before, according to a source familiar with the investigation.  Nicaj was arrested Feb. 9 and charged with second-degree burglary, a felony, and sexual misconduct, a misdemeanor, under a section of the law that deals with having sex with dead bodies or animals. He is free on $100,000 bail, pending his next appearance in Rye City Court on March 6. After learning of the arrest, property manager Mike May promptly fired Nicaj, who had worked at Rye Colony for six years and lives in one of the complex’s units with his wife and two children.  May also took away all the keys Nicaj had to residents’ apartments. Nicaj’s lawyer, Steven Davidson, said that his client denies molesting the dog.  The lawyer said he knows of the video but said the Westchester District Attorney’s Office has yet to show it to him.  “I don’t believe any of it,” Davidson said. “He’s a nice guy and he deserves to be treated like everybody else. He’s innocent until he’s proved guilty.”  Shawn Cohen email:  spcohen@lohud.com

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Rye Court Releases Limited Info on Sordid Case; Withholds Police Report
The Rye Patch by Renea Henry  -  February 17, 2012

Early Friday afternoon, Rye City Court clarified the criminal charges pending against the former Rye Colony Apartments superintendent, but maintains a hold on police reports and other court documents.

Early Friday afternoon, Rye City Court provided information about the specific charges pending against former Rye Colony Apartments superintendent Kutjim Nicaj. Nicaj was arrested on February 9 and last appeared in Rye City Court on Tuesday, February 14. On Tuesday, Nicaj appeared with counsel and was released after posting $100,000 bail; his next court date is Tuesday, March 6.  Rye Patch was not permitted access to the police report from the initial incident. Lt. Joseph Verille explained by email: "This report along with any and all records have been ordered confidential by Judge Latwin, Rye City Court and shall not be made available for public inspection pursuant to civil rights law, Section 50 (b)."  After a FOIL request, the Rye City Court clerk contacted Rye Patch to provide some information related to the alleged incident and pending charges. Details of the case have been sealed to protect the identities of the parties involved. The alleged incident occurred on the afternoon of Wednesday, February 8 and does involve a dog, according to court documents.  According to the court clerk's office, two charges have been entered by the Westchester County District Attorney's Office against Nicaj: one felony count of burglary, second degree and one misdemeanor count of sexual misconduct.  New York is one of 14 states that categorizes sexual contact with an animal as a misdemeanor, according to the Animal Legal and Historical Center of Michigan State University College of Law. As of 2010, thirty states have laws prohibiting sexual contact with an animal.  The New York Penal Code defines burglary, second degree [140.25] as follows:  A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the immediate use of a dangerous instrument; or (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. The building is a dwelling. Burglary in the second degree is a class C felony.  The New York Penal Code defines sexual misconduct [130.20(3)] as follows:  A person is guilty of sexual misconduct when: 1. He or she engages in sexual intercourse with another person without such person's consent; or 2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or 3. He or she engages in sexual conduct with an animal or a dead human body. Sexual misconduct is a class A misdemeanor.  Renea Henry email: renea.henry@patch.com

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Rye Judge Redacts Specifics of Bestiality Case
The Daily Peekskill by Luke Lavoie  -  February 17, 2012
Kujtim Nicaj, 41 of Rye, has been charged with sexual misconduct for allegedly engaging in sexual contact with a dog.

RYE, N.Y. - Rye City Court Judge Joseph Latwin has redacted information from court files surrounding a case of alleged bestiality in Rye Colony citing a section of civil rights law as the reason.  Civil Rights law section 50b states the right of privacy to victims of sex offenses.  Documents from Rye City Court corroborate reports from the District Attorneypublished first in The Daily Rye that Kujtim Nicaj, 41, the former superintendent of Rye Colony, was arrested Feb. 9 and charged with the felony of burglary in the second degree and a misdemeanor of sexual misconduct.  According to the accusatory instruments filed by the District Attorney's office, Nicaj allegedly engaged in sexual misconduct with a dog. The court documents also state that the misconduct took place on Feb. 8 at approximately 2:30 p.m.  According to the New York State Office of Court Administration, the court documents were never sealed as has been reported. Rather, only information identifying the breed of the dog and the tenant's address has been redacted.  According to Lt. Joseph Verille of the Rye Police Department, Latwin has placed a gag order on the case, which has prevented information surrounding the incident from being released.  The District Attorney's office has also honored Latwin's decision and has declined comment regarding the redacted information.  Two residents who have lived in the development for five years called the charges "salacious rumors" and said their former super is a nice man. Luke Lavoie email:  llavoie@mainstreetconnect.us