FROM: HOLLEY CARNRIGHT
ULSTER COUNTY DISTRICT ATTORNEY
DATE: OCTOBER 31, 2019
SUBJECT: PRESS RELEASE – BEN GARY TREISTMAN CONVICTION
On Thursday October 31, 2019, a Town of Olive jury of three men and three women found Ben Gary Treistman, age 58, of Woodstock, guilty of 18 counts of Failure to Provide Proper Sustenance in violation of the agriculture and markets law covering animal neglect.
The evidence at trial established that in April of 2016 the Ulster County Society for the Prevention of Cruelty to Animals (SPCA) responded to complaints of animal neglect at defendant’s residence concerning ducks he owned. Various notices to comply were given to the defendant outlining changes that needed to be made to the substandard conditions observed. After receiving new complaints the SPCA investigators executed a search warrant at the defendant’s residence, and on May 3, 2017, eighteen ducks were seized. Injuries included various levels of bumblefoot, and many ducks had large holes in their feet, likely from nails that were sticking up inside of the duck pen. In addition, many ducks were covered in feces due to the accumulation of fecal matter in the environment which they lived.
Defendant testified at trial that he provided the necessary care for the ducks, that the ducks were in good health, and he never saw any injuries. However, a veterinarian for the SPCA testified to the contrary stating that not one duck was in a healthy condition.
Sentencing is scheduled on January 8, 2020 in front of Judge Timothy Cox. As part of any sentence imposed, defendant will be required to register with the Ulster County Animal Abuse Registry.
The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Michael Bruhn with the Public Defender’s Office.