"I love them. They are my family. I am one of those people who loves animals more than anything else in the world. That's who I am, who I've been. I don't eat any animal food. I don't wear leather," Muchnick said Wednesday outside a Montgomery County courtroom where she is fighting to have the animals returned to their home.
"If I knew that something else would work for them, I would surrender to what's for their highest good. But I know I've got to fight like a proud warrior to recover them all because that's what they need. I truly believe in my heart that's what the Lord wants me to do," Muchnick, sometimes tearful, added during an exclusive interview.
The civil hearing, at which Judge Steven T. O'Neill will determine the fate of the 17 cats and one dog, was halted after Muchnick indicated she wishes to call a psychiatrist who evaluated her to testify about her wellness and when prosecutors and the judge indicated they want to hear from members of the Montgomery County Society for the Prevention of Cruelty to Animals regarding the condition of the animals.
The animals are currently being housed at an SPCA shelter.
"I do believe we need a resolution for the animals involved and for you," O'Neill told a sometimes emotional Muchnick, adding the hearing will resume Oct. 1.
On May, 24, O'Neill determined Muchnick, 57, who currently lives in a one bedroom apartment in Pottstown, was not guilty by reason of insanity of multiple counts of animal cruelty and attempted cruelty to animals in connection with an August 2009 incident at her former Towamencin home.
Specifically, O'Neill determined that at the time of the Aug. 20 incident, after which 12 of the 29 cats found in Muchnick's former home on East Bishopwood Boulevard died from complications of ingesting rat poison, was suffering from a mental disease or defect that prevented her from knowing what was right or wrong or understanding the consequences of her conduct.
While Muchnick faces no further action under criminal laws, under a so-called civil commitment, the judge ordered Muchnick to continue with outpatient mental health treatment.
Muchnick subsequently filed court papers to regain custody of the animals. According to testimony Wednesday, the psychiatrist who once offered the opinion that Muchnick was legally insane at the time of the poisoning incident also stated in a March report that Muchnick would not pose harm to the pets if they were returned to her.
Prosecutor Abby Silverman argued in court papers that the animals seized from Muchnick constitute "derivative contraband" under the law and that they should not be returned to Muchnick.
"No one wants to see any of these animals put down," said Assistant District Attorney John Walko, who assisted Silverman on Wednesday. "But at this time, because of her actions that brought about them being taken away in the first place, we're not confident that they are not in further danger if they were with her."
The judge indicated that a previous federal court ruling in a case nearly identical to Muchnick's plight, did uphold the idea that animals are considered "chattel," or tangible property that can be subject to forfeiture.
The judge noted that Muchnick is representing herself in the civil matter and questioned her about her lack of legal assistance. Muchnick told the judge she has reached out for assistance and exhausted all possibilities at this time.
The SPCA is currently in a holding pattern when it comes to the surviving animals and cannot put them up for adoption either until a judge rules Muchnick can't have the animals or until Muchnick voluntarily relinquishes custody of the animals.
While Muchnick is grateful for the shelter and food provided to the animals by the SPCA, she fears for their futures if she is not awarded custody.
"They are on the clock for death unless they get a reprieve of adoption," said Muchnick, claiming the SPCA is not a true animal sanctuary. "It's a pound."
Muchnick, who has not had any contact with the animals since they were seized, also fears that the animals will be adopted by someone who is not prepared to deal with problems associated with the animals' backgrounds. The animals include a pit pull dog named "Lukey" and more than two-dozen feral cats.
"Many of my cats were unwanted. They were all neglected, dumped, unwanted, unclaimed. I took care of everything. I got them spayed and neutered. I kept the families together," said Muchnick, claiming she knows the animals best and is in the best position to care for them.
Muchnick said she's found "animal-friendly housing," a supportive landlord and a pet food bank that she can rely on to assist her in caring for the animals.
"I can make this work. They mean everything to me. I was willing to go to prison. I was willing to deal with public ridicule," said Muchnick, who could have simply avoided the legal wrangling by signing over her rights to the animals to the SPCA. "I'd never forgive myself if I didn't fight. All I can do is love them."
According to the original arrest complaint, Muchnick notified the Harleysville Veterninary Clinic that she intended to kill herself and her collection of pets because "her building financial issues made her realize suicide was the only solution." Police alleged Muchnick wrote a note indicating she "thought it would be best for her pets if she killed them along with herself so they could be in heaven together."
When police went to the home, they found Muchnick, conscious but incoherent, lying on the floor of a locked and poorly ventilated bedroom, along with a sickly pit bull dog, and 29 cats inside two locked bedrooms, according to court documents.
During the investigation, authorities found animal food bowls that contained D-Con Rat Poison, according to the criminal complaint. Police also found an open container of the rat poison in a dresser of the bedroom where Muchnick was discovered.
On Wednesday, Muchnick claimed some of the allegations made in public court documents about her were less than accurate and that other circumstances in her life at the time of the incident were not made public.
"I always acted in what I thought was their best interests," Muchnick said.
(Mercury News - Sept 16 2010)
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