ILLINOIS -- The Kane County state's attorney stepped in this week to resolve the case of Aurora resident Lynda Smith, who once hoarded and neglected 26 cats in her home and could have faced felony charges, but instead was found guilty of animal cruelty and sentenced to 24 months' probation.
Smith, who also was convicted of failure of owner's duties, a misdemeanor, will not be able to keep cats in her home for two years. She also agreed to unannounced inspections of her home on George Avenue for the duration of probation.
"I became aware that the case was taking too much time because there were too many attorneys involved," State's Atty. Meg Gorecki said. "I assigned the file to myself in hopes of resolving the case.
"My concern was for the neighborhood and any animals that could be harmed in the future," Gorecki added.
She said that if animals are found in Smith's home during inspections, a violation of probation could be issued along with a notice to appear in court.
"Or we could issue a warrant [for her arrest]. It would depend on the severity of the violation alleged," Gorecki said.
When Smith's lawyer, Michael Noland, explained that for two years she will not be able to have any pets, Smith said: "I will die. It will kill me."
The prosecution produced photographs Monday of cats that were said to have been seized from Smith's brother's home. The photos of the cats, euthanized after their seizure, showed visible injuries and were said to be "lethargic and dehydrated."
Smith cried foul because the animals were not found in her home, and although she admitted one injured cat had been in her care, she said it had been given to her that way by a neighbor.
"I believe you when you say this cat came from [a neighbor]," Noland told his client. "But it's not necessarily about what the truth is. It's about what you can prove."
Last August and September, Aurora Animal Control removed 26 cats and a dog from Smith's residence and her brother's residence on Smith Street, according to Linda Nass, animal control manager.
Aurora allows citizens a limit of four domesticated animals per household: two cats and two dogs. Most of the animals were at her brother's house, where Smith was assumed to be living because her home was "deemed unfit for human habitation," Nass said. No charges have been filed against Smith's brother.
Larry Smith said his wife was "never cruel to animals. If an animal was sick, she called the vet. She has even done CPR on cats."
Although last month Smith could have agreed to a deal to sell her house to the city for $70,000, plead to reduced charges and have fines and court costs waived, she refused. Her lawyer at the time, Salvatore Miglore, withdrew from her case that day.
(Chicago Tribune - July 21, 2004)
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