John Riggieri

JOHN RIGGIERI

KEENE — John Riggieri, the man convicted of mistreating his 52 Labrador retrievers while living in squalor at his Marlborough home, cannot have evidence taken from his eviction process thrown out as he appeals his case.

Judge David Ruoff in the Cheshire Superior Court ruled that the evidence from a sheriff’s deputy that sparked the criminal case can stand, even though Riggieri wanted it tossed, according to Ruoff’s ruling, recently made public.

Riggieri contended that the evidence gathered when Cheshire County Sheriff’s deputies arrived at his home on July 10 last year to evict him and his dogs from his property should be suppressed because, in part, a bankruptcy court later overturned the eviction. Riggieri argues that the deputies were not lawfully on his property and that the evidence they gathered is therefore inadmissible.

Ruoff ruled that the deputies were well within their lawful rights to be on the property to evict Riggieri when they witnessed the alleged abuse of the animals within plain view, according to the ruling. The deputies were serving a lawful writ of possession, according to Ruoff.

Marlborough dog

One of the 52 Labrador retrievers rescued from John Riggieri’s Marlborough property is now in foster care. None of the animals can be adopted until the criminal case is complete.

Riggieri was convicted in the 8th Circuit Court in Keene on misdemeanor animal cruelty charges. He is appealing that conviction, and a final pretrial hearing for the appeal is set for September in the Superior Court.

As part of the sentence, Riggieri, 58, must undergo a psychological evaluation and serve two years of probation. Riggieri was sentenced to a suspended 90-day jail sentence, which remains in effect for two years while he serves probation. Riggieri is also ordered to pay $78,000 in restitution to the Monadnock Humane Society.