In his opening statement, the prosecutor described retired school cafeteria manager Emma Harter's home as a "house of death and torture."
"This is a house where dogs were born, lived, suffered, unattended medically, and died," Deputy District Attorney Stephen Heller told jurors Friday.
When animal-control officers inspected Harter's five-acre property in November 2002, they found dogs living in squalor, an overwhelming stench, two to three inches of "solid, packed, dried" feces on the carpet, and "millions" of ticks crawling on the wall, the prosecutor said.
The charges include felonies for which the possible punishment is a prison sentence, but prosecutors have said they don't want Harter sent to prison but instead put on probation and banned from owning animals.
Harter's attorney, Robert Conaway, urged the jurors to weigh what the laws require and not be swayed by the "emotional impact" of the prosecution's photographs depicting conditions at Harter's home. Some of the photos were staged by authorities, he said.
"You will see dogs cornered in a room and photos were taken. This was a staged event for the purpose of producing the record that is going to be before you," Conaway said.
Conaway said Harter raised Chihuahuas for 20 years, and that there is no limit on the number of dogs a commercial breeder can have.
Responding to the report on the amount of feces, Conaway said there are photographs that show carpet and "intermittent droppings."
"Here's a person who opened her house to the dogs as part of the rearing process so that the dogs at some point could be sold," Conaway said.
"Odor, yeah, kennels have odor. This is a breeding operation. This is a commercial kennel operation. Smell comes as part of that," Conaway said.
"What you have here is a person who operated a kennel for a number of years. I believe the evidence will show there was no communication with animal control as to what she was expected to do differently," Conaway said.
He told jurors they need to ask themselves whether there were specific laws violated. "Was food and water provided? Yes. Listen to what the law requires," Conaway said.
Harter, who is free on her own recognizance, has pleaded not guilty to two felony animal-cruelty charges and misdemeanor battery on an animal- control officer, running an illegal kennel, animal endangerment, keeping animals in unsanitary conditions and failing to isolate sick animals.
Los Angeles County animal-control officers said they found dead and dying dogs among packs of half-wild Chihuahuas living inside her house. The dogs had dug burrows in the walls and furniture and formed feral packs that preyed on weaker dogs.
Heller said Harter had 235 dogs and 61 birds when officers conducted an inspection Nov. 18, 2002. There were 32 dead animals, including 23 dogs and nine birds, he said.
There were 14 dogs "so severely medically impaired" that they were euthanized, Heller said.
There was blood on the wall from ticks gorged on dogs' blood, Heller said.
Heller said the dogs' ailments included anemia, bite wounds, tick infestation, respiratory infections, fluid on the brain, multiple types of worms, head and facial deformities, heart failure, and tumors.
Judge Lisa Chung, who is presiding over the trial, in early August gave a Burbank Chihuahua rescue group some 170 Chihuahuas that were taken from Harter's home. The rescue group promised to try to find good homes for the dogs.
Harter was convicted in 1995 for operating an illegal kennel, but that conviction was overturned on appeal.
(Daily news - March 6, 2004)
Earlier:
- California: Puppy mill breeder/hoarder Emma Harter, 64, avoids jail by hiding most of her 40 Chihuahuas
- California: Animal rescue groups want ownership of vicious, feral Chihuahuas seized from breeder Emma Harter
- California: Puppy mill breeder/hoarder Emma Harter won't sign over dogs until she can wiggle out of the $500k she already owes the shelter
- California: In court, Emma Harter pleads not guilty to felony and misdemeanor animal cruelty
- California: Judge's Ruling Saves 170 Dogs - The Chihuahuas, taken from an Acton breeder last year, are to be released to a rescue group based in Burbank early next week.
- California: Feral dogs seized from an Acton breeder Emma Harter, accused of animal cruelty, are being released to rescue groups this week
- California: Chihuahua Animal Cruelty Case involving puppy mill breeder/hoarder Emma Harter, 72, to go to trial
