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(CBS) RONKONKOMA A small crowd gathered outside the First District Court in Ronkonkoma on Thursday to rally behind a pit bull scheduled to be put down for apparently attacking two dogs and a horse three years ago. Residents are pushing for a stay of execution, asking lawmakers to save the life of "Duke," who has been kept behind bars at a local shelter since the 2003 attacks in which his owners say he's been wrongfully accused.


Denise Menendez, who lives in the Islip Township in Hauppauge, owns Duke and called upon friends, family, and other citizens to help set him free. Duke was blamed for the attacks of two dogs in October 2003 and a horse in December 2003, belonging to one of Menendez's bordering neighbors, but Menendez claims Duke isn't the guilty dog.

They had even built a pen to keep him confined to their home, but it was too late: A judge ruled that Duke be taken into custody and later euthanized for the bite incident.

"I don't want him to be killed. I'm just trying to raise public awareness to try to get a new case opened," Menendez told CBS 2 News.

But those who know Duke the best argue he's far from the typical rap that pit bulls get as vicious and dangerous canines. Even those at the town shelter where he remains say he's a model pooch: calm, quiet, and friendly.

"I have been taking care of Duke the whole two-and-a-half years he has been here. He's so gentle and so great with the children," said Mary Cupp, who works at the shelter.

Duke's advocates are arguing that he was sentenced under an incorrect application of agricultural law because he allegedly bit a dog, and not a human.

"I think the dog is being crucified for it's breed," said Bob Sowers of the Nassau County SPCA. "Unfortunately the American pit bull has an extremely bad reputation."

Animal trainers have been brought in to evaluate Duke's behavior and say he passed with flying colors, winning them over with his upbeat and gentle personality.

In the meantime, the order for Duke to be lethally injected remains in effect, and until a judge removes the order, Duke's family and friends will continue to fight for justice and his eventual freedom.

To visit the website supporting Duke, click here

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