California: Puppy mill breeder/hoarder Emma Harter, 73, sent back to court regarding her animal cruelty sentence

CALIFORNIA -- A 74-year-old retired school cafeteria manager convicted of animal cruelty for keeping more than 200 Chihuahuas at her home must return to court once more.

An appeals court has ruled that the judge should have imposed a sentence for four misdemeanor counts on which Emma Harter was convicted.

"She was convicted on one felony. That stands. She got probation on that," Deputy Attorney General Sharlene Honnaka said. "On the misdemeanor counts, the judge did not give her a sentence. A judge is required to say some kind of sentence - she can say probation or whatever. She is required to give some kind of sentence on it."

Harter was convicted in March 2004 of one count of felony animal cruelty and four misdemeanor counts: battery on an animal-control officer, animal endangering, unsanitary conditions and failure to isolate sick animals.

Harter was placed on probation for five years for the felony count and barred from owning or possessing animals during that period. She also was ordered to pay $371,090 in restitution to Los Angeles County.

The order from the 2nd District Court of Appeal to send the case back for sentencing stemmed from Harter's appeal of her conviction, which focused on the legality of a search of her home that resulted in the seizure of the animals and cited inadequacy of counsel for not renewing at trial a motion to suppress evidence based on what she claimed was an illegal search.

 

The three-judge appellate panel declined to rule on the merits of Harter's arguments, saying those issues would be better addressed through a petition for a writ of habeas corpus, which would allow Harter's attorney to explain why the motion was not renewed, rather than through a direct appeal.

The ruling also concluded that the case must be sent back to the trial court for imposition of sentence on the misdemeanor counts.

At the time of sentencing, according to the appeals court's ruling, Antelope Valley Superior Court Judge Lisa Chung told Harter, "I do not see any point in having you on misdemeanor probation, since you are already on felony probation. ... However, the court is not going to impose any other conditions or fines, and I am going to indicate no probation, so you have one probation to worry about on Count 1, and that's felony probation."

"Upon conviction, it is the duty of the court to pass sentence on the defendant and impose the punishment prescribed. Pursuant to this duty, the court must either sentence the defendant or grant probation in a lawful manner; it has no other discretion," the appeals court ruling said.

"We express no opinion on how the trial court should exercise its sentencing discretion," the ruling added.

EMMA HARTER WAS HOARDING DOGS AS FAR BACK AS 1982
Harter said she began breeding Chihuahuas in 1982 when she was living in Granada Hills, where she got into similar troubles with Los Angeles city animal control officials.

She then moved to Acton in 1992 and obtained a kennel license. She eventually was caught with about 40 Chihuahuas living inside the home in squalor.

(LA Daily news - Feb 20, 2006)

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
• California: Emma Harter's animal cruelty trial begins as her attorney says she has raised Chihuahuas for 20 years and runs a commercial operation
• California: Emma Harter, 72, convicted of animal cruelty toward more than 230 dogs and 60 birds she forced to live in squalor
• California: Emma Harter, 73, Gets Probation for Forcing More Than 230 Chihuahuas and 60 Birds to Live (and Die) in Squalor
• California: Convicted of animal cruelty, puppy mill breeder/hoarder Emma Harter, 73, ordered to pay $371,090 in restitution to Los Angeles County

Animal cruelty in Pittsburgh: Cat found covered in white latex paint

PENNSYLVANIA -- Who would apply white paint to the black fur of a cat?  If you know the answer, you could be in line to get a $500 reward.

The cat also appears to be solid black, though that's hard to determine because so much of her body, including her face, is coated with white paint.

"We're not sure whether this was an accident or done intentionally," said Mark Berton, communications director at the league. "We think it was intentional because of the extent of the coverage."

Shelter workers bathed the cat with dish detergent, but the bath didn't make a dent in the paint.

 

"We're letting her relax and settle down" before trying another kind of bath, Mr. Berton said. "We'll probably try a nontoxic paint remover, which we'd test first on a small portion of fur."

If the paint cannot be removed, the cat will have to be shaved.

The cat is friendly and affectionate with the shelter staff, but is clearly uncomfortable because the paint-drenched fur pulls and pinches when she moves, Mr. Berton said. Fortunately, the paint is latex.

The veterinary staff thinks the cat would probably be dead had an oil-based paint been applied.

A staff veterinarian also said the cat is lactating, meaning she recently had a litter of kittens.

Animal Control got a call about the painted cat and picked her up, Mr. Berton said. Anyone with information should call the shelter at

About two years ago, the shelter took in a cat that had been sprayed with blue paint. That cat did not have as much paint on its fur and the staff was able to simply cut off outer layers of fur to remove the paint. That cat was later adopted. out to a home.

(Post Gazette - February 17, 2006)

Pennsylvania: Rytis Balciunas, 51, charged with animal cruelty

Full Name: Rytis Balciunas
Gender: Male
Arrest Age:51
Arrest Date: 02/17/2006
Arrest Time: 6:07 PM
Arresting Agency: SMITH TWP.
Arrest Location: Washington County, Pennsylvania
Charges
#1 CRUELTY TO ANIMALS

Oklahoma: Two-year-old, mauled by neighbor's Pit Bull, is back home

KANSAS, OKLAHOMA -- A 2-year-old Delaware County girl who wandered into a neighbor's yard and was viciously attacked by a pit bull is out of the hospital.

The News on 6 first told you about the attack last week, now the family shares some good news with News on 6 reporter Heather Lewin in the town of Kansas, Oklahoma.

Cianna Crittenden still bears scars from the attack, but watching her laugh and play, she seems like a happy, healthy 2-year old.

After pulling her, bloody, from the jaws of a pit bull, this is something her parents thought they might never see again. Stephanie Crittenden: "She's still the same, normal, energetic; she's back to her energetic self."

After plastic surgery and physical therapy Cianna is left with some weakness on her right side because the dog's teeth went so deep into her neck. But doctors expect her to recover and her mom knows it could've been much worse.

"The loss of her right arm, and her face that it would just droop, but I try not to think if that as much, I'm just thankful she's able to run and play."

A fire just days before the attack left the Crittenden family homeless. The day Cianna left the hospital, remarkably recovered; they got even more good news. "Oh yes! We have a home; it's a three bedroom trailer."

Relatives helped get them a new place and donations from the public are piling up.

After all that's happened, the Crittenden's are grateful for what they still have. Stephanie says she draws strength from her daughter. "She always makes me feel like everything's gonna be okay, and I trust her. She had a hand watching over her. I try not to think of bad things, I'm just thankful she's here."

The dog was chained to a tree, but Cianna simply came too close. The owner is having the animal destroyed. Cianna's family wants pit bulls banned in the city limits.

(NewsOn6 - Feb 3, 2006)

Earlier:

• Oklahoma: Mom Talks About Daughter's Attack by Pit Bull
• Oklahoma: Judge orders euthanasia of pit bull that mauled two-year-old girl

Oklahoma: Judge orders euthanasia of pit bull that mauled two-year-old girl

TULSA, OKLAHOMA -- A pit bull terrier that mauled a 2-year-old Delaware County girl this week will be euthanized, the Kansas, OK, police chief said Friday.

The dog has been at a Jay veterinarian's clinic since the attack Tuesday. Police Chief Bryan Eaton said the dog's owners plan to have the dog euthanized after a 10-day observation period that is required to see if the dog is rabid.

"This dog needs to die, said Stephanie Crittenden, mother of the victim, Cianna Crittenden, of Kansas.

The toddler suffered puncture wounds to one eye and cheek and around the neck area in the attack. She was flown by helicopter to St. Francis Hospital in Tulsa where she underwent neck surgery.

Stephanie Crittenden described her daughter on Friday as "doing real good although Crittenden herself has not had much sleep.

"She loves animals, Crittenden said. "She was standing in front of him (the dog) saying, Puppy-puppy,' when he lunged at her, knocking her down and biting her cheek.

The family has been staying with relatives after a fire earlier this month destroyed the Crittendens' home and all their belongings. Before going outside with a cousin to play the day of the attack, Cianna was talking about the family's puppy that had perished in the fire, Stephanie Crittenden said.

The dog was chained to a neighbor's house but had enough chain to pounce on Cianna a second time as the girl turned to run away, Crittenden said. It was during the second attack the dog locked his jaws onto the back of her neck, she said.

"I was just so scared and shocked, Crittenden said.

Earlier, Crittenden had admonished her daughter not to get dirty because they would be leaving shortly to drop off a housing application.

Cianna might go home today, pending the outcome of an MRI test done Friday, Crittenden said.

Proposed legislation
State Rep. Paul Wesselhoft, R-Moore, said in a telephone interview he plans to introduce a bill modeled after a Denver municipal ordinance that would get rid of pit bull terriers.

"Many people who own pit bulls say that it's other owners who train their pit bulls to be vicious, Wesselhoft said. "For them it is never the dogs' fault. Sometimes they are correct; but more often they simply will not face brute reality it is in the very nature and breeding of this creature to draw blood and kill."

Wesselhoft said he is calling on the state Health Department to declare an epidemic of vicious dog attacks and issue an alert to parents, advising them to keep their children away from the animals.

"I firmly believe that any parent who allows their small child to play with a pit bull, especially without direct supervision, is committing an act of child neglect, whether they mean to or not, Wesselhoft said.

Wesselhoft said his proposed legislation will be named Cody's Law after Cody Yelton, a 3-year-old boy from Moore who lost his arm to a pit bull attack, and Cody Adair, a 4-year-old boy who was killed by a pit bull in the Bartlesville area.

Wesselhoft also proposes expanding the state's dangerous dog law.

JOAN MORRISON = IN DENIAL
Joan Morrison of the Endangered Breed Association said Wesselhoft's bill goes too far and should not be breed specific. Her organization supports House Bills 2697 and 2076 and Senate Bill 1711, which call for strict penalties and fines for owners of dangerous dogs of any breed.

Morrison's organization emphasizes the need to enforce leash laws, to penalize irresponsible dog owners, and to educate parents and children on pet care and safety.

"It's not a breed problem. It's a people problem, she [claims].

(NewsOK - Jan 28, 2006)

Earlier:

• Oklahoma: Mom Talks About Daughter's Attack by Pit Bull

Man faces charges after squirrel dies

ILLINOIS -- Betty Bill says she watched in horror through the kitchen window of her Crystal Lake home as a neighbor allegedly poured a teapot full of boiling water on a caged gray squirrel.

"I could see the steam coming out," Bill said Tuesday. "That's how I could tell what he was doing. What bothers me most is that he would stop pouring and watch that animal writhing in the cage. And when it stopped writhing, he would pour again."

John Grivas, 75, of the 100 block of Ellsworth Street was cited with misdemeanor counts of animal cruelty and unlawfully trapping a squirrel, which died after the incident Sunday, state wildlife officials said.

Grivas denied scalding the trapped squirrel; he said he simply shook it.

Squirrels have damaged the windows in his garage, chewed a hole through a garage door and dug holes around his yard, he said.

"The animals, it seems, they have more rights than anybody," said Grivas, who said he would fight the cruelty charge in court. He could get up to a year in jail and a fine of up to $2,500.

Bill, who lives next door to Grivas, said she was looking through the window about 12:15 p.m. Sunday when Grivas carried the boxlike trap into his back yard.

At first, Bill said, Grivas poked at the squirrel with a stick. She said she could see its tail flailing. Then he went into the house and returned with the teapot, she said.

"I did catch it," Grivas said. "I shook it a little bit. ... If I had anything against animals, I wouldn't have bird feeders around my yard."

There was enough evidence for conservation police to accuse Grivas of cruelty, said Chris McCloud, a spokesman for the Illinois Department of Natural Resources, which oversees the police.

"They found it, near death, with some burns to the top of its head," McCloud said of the squirrel.

"Pouring scalding water on an animal is obviously cruel and unusual."

Grivas said he placed the animal on some plastic and it appeared stunned, but then it ran away.

Bill said she found it in her back yard, still alive.

"Here was an injured squirrel, trying to curl up to get under some leaves," Bill said. "It looked like he was just trying to get underneath something to protect himself. I could tell he was wet."

One of the conservation police officers killed the squirrel, Grivas said.

"Maybe to put it out of its misery," said McCloud, who was not certain of the details of the squirrel's death.

After watching, Bill called Tom Starai, who runs All Wildlife Animal Eviction, a Crystal Lake company that traps squirrels, raccoons and other animals that are a nuisance. Starai contacted conservation police.

"There's nothing wrong with getting a cage, getting a permit and doing a little trapping," said Starai, who charges $95 to visit someone's home and $65 for each trip back to pick up trapped animals.

It's best to let trained professionals get rid of nuisance animals because they can do so without harming them, said Starai, who prefers to release trapped animals in a rural area far from where they will bother anyone.

There are hundreds of companies in the state trained and licensed to do the work, he said.

"Squirrels and 'coons are our biggest line of work," Starai said.

(Chicago Tribune - January 11, 2006)

14 puppies found beaten to death; John Philip Peace, 41, arrested

GEORGIA -- A man accused of killing 14 puppies and stuffing them into a pillowcase was charged Thursday with cruelty to animals.
An area resident found the sack full of dead puppies at the entrance of Hillcrest Glenn Subdivision in Buford. He notified Gwinnett County Animal Control, who canvassed the neighborhood for more information.   The agency's investigation found John Philip Peace, 41, to be the puppies' owner and the primary suspect.  Peace claimed the puppies but told investigators he was not responsible for their deaths. His statement did not match the physical evidence, police said.  In addition to the puppies, the pillowcase contained a 10-pound weight. The investigation revealed the puppies' cause of death was blunt force trauma.  "They did die from force trauma. And there is evidence to suggest the weight in the bag was used," said Officer Darren Moloney, spokesman for the Gwinnett County Police Department.  Moloney said all of the puppies appeared to be a Labrador mix and were from the same litter. He did not know what had happened to the puppies' mother.  Peace is being held at the Gwinnett County Detention Center on a $32,200 bond. He has been charged with 14 counts of cruelty to animals, which is a felony in Georgia.

(Gwinnett Daily Post - Jan 7, 2006)