But a jury of three men and three women Thursday returned a guilty verdict on five of the nine misdemeanor charges the Winter Haven woman faced stemming from the confiscation of 92 free-roaming cats, two caged dogs and a pig.
After the verdict was read, Pfund, 69, was sentenced to just one year of probation. She is required to sign up for a course on the proper treatment and care of animals in a home, and she can have no more than 10 animals at a time.
 |
| Nancy Pfund listens as Assistant State Attorney Amy Smith presents her opening statement to the jury during her trial before County Judge John Kirkland at the Polk County Courthouse in Bartow, Wednesday, February 18, 2015. MICHAEL WILSON | THE LEDGER |
"I think you have the best intentions, but your main problem is you can't say 'no,'?" Polk County Judge John Kirkland told her. "It just got out of control."
To enforce the limit of cats, Pfund will be subject to warrantless search and seizure, and if any bowls of food are found outside, Kirkland said, it could land her in trouble.
Kirkland also ordered Pfund to complete 100 hours of community service to either the Humane Society or the SPCA — organizations Pfund does not agree with because of their practice of euthanasia.
"I know you disagree with some of their policies, but they maintain pretty clean standards for their animals, so I want you to learn by volunteering with them," Kirkland said. "It's animals; it's something you would like. You may not like the philosophy, but you love the animals, so this will be community service that you will just enjoy."
Prosecutors recommended a mental health evaluation as well, but Kirkland said he didn't think it was necessary because "there is nothing wrong with being a cat lover or animal lover."
URINE, FECES, BUGS MIXED WITH FOOD
On April 29, Pfund was in Winter Haven Hospital with an allergic reaction to medication when Polk County Animal Control workers obtained a warrant and raided her home at 102 SE Lantern Lane in Winter Haven, according to reports.
Workers confiscated 95 animals from her 1,100 square-foot home, and nearly 30 of them had to be euthanized. She was charged with nine misdemeanor counts of confining animals without sufficient food, water or exercise.
Pfund is the founder of the Polk County Cat Coalition, a nonprofit organization focused on taking in and rescuing cats without euthanizing them. Money was donated to Pfund to pay for food, cat litter and access to necessary medical attention for the animals.
Assistant State Attorney Amy Smith said the case began when Pfund asked her neighbor to help feed the animals while she was away.
Jurors heard testimony from multiple witnesses Wednesday about the condition inside the home: Feces and urine coated every surface, while maggots, flies and roaches intermingled with spoiled and rotten food strewn about the floors.
NEGLECTED OR DEPRIVED?
People who volunteered for Pfund's nonprofit testified Thursday that she was known for helping others, especially animals, before herself.
Sharon Anderson said Pfund would go without food before any of her animals did, and Larry Stone said Pfund would save an animal over a human being.
Three of the seven witnesses who testified in her defense had been inside the home, and those three said the condition of the house was not as bad as it was at the time of the raid.
Dr. Joseph Ertel, a licensed veterinarian, testified that he had treated animals brought to him by Pfund on many occasions, which included everything from surgery to treating sick animals.
In a house with more than 90 cats, Ertel said, it would take only 12 hours for feces to pile up and become overwhelming.
Ertel said although he never personally examined the cats in the case after the raid, he has seen the photos and knows the investigation well. He said the cats were not neglected or deprived of food or water, and none of them showed visible signs of emaciation.
"She is a person who is extremely compassionate, loving and caring for all animals of different species," Ertel said.
Pfund took the stand in her defense and said she has rescued and adopted out more than 1,000 cats, as well as many other animals.
Pfund said she used her home as a reserve, had the ability to care for all 95 animals and never reached out for help.
When talking about the condition of her home, defense lawyer Megan Banfield asked, "Do you understand that is disgusting?"
"Yes, I understand," Pfund said.
During cross-examination, Smith asked whether it was better for the animals to live in those conditions than be euthanized, and Pfund said the condition of her home was only temporary. But she couldn't remember how long the home had been in that condition before the raid.
While Banfield stressed to the jury that it was not a crime to let her house get out of control, Smith insisted that Pfund accepted responsibility for the health and safety of the animals she took in but failed to meet that responsibility by not providing access to wholesome food and clean water.
While Kirkland did not sentence Pfund to any jail time, he warned her of the consequences if she did not comply with his orders.
"This is serious," he said. "Any violation and these judges will not hesitate putting you in jail."
(The Ledger - Feb 21, 2015)
Earlier:
No comments:
Post a Comment