Attorneys/Judges
| Prosecutor(s): | Mark Lawrence, Jessica Christensen, John Connelly | | Defense(s): | Joel Vincent, John P. DeGrinney | | Judge(s): | Paul Fritzsche |
Puppy mill - 250 dogs
Buxton, ME (US)Incident Date: Tuesday, Aug 21, 2007
County: York
Charges: Misdemeanor
Disposition: Dismissed (Conditional)
Persons of Interest:
» Heidi A. Frasca
» John C. Frasca
Case Updates: 7 update(s) available
The owners of a kennel where dogs tested positive for parasites and mange have been charged with animal cruelty and police have seized control of the facility, which they call a puppy mill.
John and Heidi Frasca, owners of J'aime Kennel, faced 17 charges after Buxton police searched the facility early Tuesday. Police said the charges include 14 civil violations of running a kennel without a license, two criminal counts of animal cruelty and one criminal count of failure to provide necessary medical treatment to animals.
Of the roughly 250 dogs and puppies there, many had sarcoptic mange, a contagious disease found in dogs. Further tests for the intestinal parasite giardia were to be performed on the animals.
The dogs were primarily miniature Australian shepherds, Brussels griffons, French bulldogs, American bulldogs and shelties. It could take months and several hundreds of thousands of dollars to restore the dogs' health, officials said.
More than 40 volunteers from the Humane Society of the United States, the Animal Refuge League of Greater Portland, the Animal Welfare Society of Kennebunk and veterinarians helped police during Tuesday's seizure. Police have received repeated complaints about conditions in the kennel.
"In going in first, we said, OK, we can handle this," said Steven Jacobsen of the Animal Welfare Society. "As you went from room to room and saw the numbers of multiple animals per cage, we realized this was a fairly significant seizure."
Police also searched medical and veterinary records at the kennel. They urged anyone who has bought a puppy or dog from J'aime Kennel within the past few months to have the animal tested for both giardia and sarcoptic mange.
Case UpdatesThe couple at the center of an animal cruelty case could have all charges against them dropped.
In August of 2007, animal health officials raided the Buxton kennel of John and Heidi Frasca. Nearly 250 dogs were taken from the property. The raid at J'aime Kennels was one of the largest on an animal breeding facility in the state's history.
Both were charged with 25 criminal counts of animal cruelty.
On March 17, the Frascas pleaded guilty to five counts of cruelty to animals. As part of a deal worked out between them and the district attorney's office, the couple is required to perform 60 hours of community service and posses no more than four animals.
If they follow the terms, all charges against them will be dropped.
If they violate the the terms of deferral, each will be sentenced on the charges of cruelty to animals, for which the maximum penalty is a jail sentence of up to 364 days in jail on each count. | Source: wmtw.com - Mar 24, 2011
Update posted on Mar 24, 2011 - 6:03PM |
After years of delay, defendants in the notorious Buxton puppy mill case quietly walked from court last week under an agreement that likely will result in all charges being dropped.
Massachusetts residents John and Heidi Frasca, formerly of Buxton, each pleaded guilty to five counts of cruelty to animals March 17 in York County Superior Court in Alfred. They had originally faced 25 counts each of cruelty to animals. In an agreement, the criminal cases were deferred, and at the end of 17 months the pleas would be withdrawn and all charges dismissed. The dismissal hinges on the Frascas avoiding any criminal activity.
"I'm glad its over," John Frasca said after the hearing last week.
The case stems from a raid led by Buxton police and state animal welfare authorities on Aug. 21, 2007, at the Frascas' J'aime Kennel on Paucek Road in Buxton. The state claimed that many of the 250 dogs at the kennel were diseased. The seizure of the animals was believed to be the largest ever in Maine.
Yet, those involved with the high-profile case, including state officials, animal welfare agents and Buxton's police chief, said this week they did not receive notification about the hearing. In fact, Buxton Police Chief Mike Grovo said Wednesday his department would host a press conference about the case at 11 a.m. on Friday, March 25, at Buxton Town Hall.
Bob Batteese, director of Animal and Plant Health at the Maine Department of Agriculture, said Norma Worley, who, as the director of the state's animal welfare program, headed the state's efforts to seize the dogs, had retired on Jan. 29. Batteese said he was unaware if the state received notification of last week's court hearing in Alfred.
"The problem is we haven't heard from the district attorney's office," Batteese said. "We certainly would have been there."
Batteese said the state is seeking to fill the position now vacant after Worley's retirement. Worley, who had attended earlier court hearings on the matter, could not be reached for comment this week.
Dr. Christine Fraser, the state animal welfare program veterinarian who was involved in caring for the seized animals, also could not be reached through messages left Tuesday at the welfare program's office.
Prosecutors have changed, too. In 2007, Jessica Christiensen, as assistant York County district attorney, had been the initial prosecutor on the case for then-District Attorney Mark Lawrence, who did not seek re-election.
Lawrence said Wednesday it wouldn't be appropriate for him to comment about the case.
Steve Jacobsen, executive director of Animal Welfare Society in Kennebunk, which was involved in the care and adoption of many of the seized dogs, said Wednesday he was not officially notified of last week's hearing, but had heard of it.
Jacobsen said he planned to contact Grovo about Friday's press conference. Jacobsen declined to comment about the case.
Last week in court, John Connelly represented the York County District Attorney's Office at the hearing.
York County District Attorney Kathryn Slattery and Connelly both were unavailable for comment, according to a spokeswoman at the district attorney's office.
At the time of the raid, Jody Thomas was the Buxton police chief but since stepped down. Grovo became chief in 2008.
Judge Paul Fritzsche was on the bench when the Frascas pleaded under what is called an Alford guilty plea, in which defendants acknowledge that it could be possible under the evidence for a court to find them guilty.
"They did not admit wrongful conduct," Joel Vincent, the defense lawyer for John Frasca, said outside the courtroom after the proceeding.
John P. DeGrinney, defense lawyer for Heidi Frasca, didn't anticipate any problems with the Frascas complying with terms of the agreement.
"They're in good shape," DeGrinney said, also speaking in the court corridor following the hearing.
Meanwhile, the Frascas, now living in Massachusetts, are committed to perform 60 hours of community service between them. The couple will be allowed to keep four animals.
The Frascas' 24-acre property in Buxton was sold in 2008 at a bank foreclosure auction for $217,000. The site included the couple's home, a rental trailer and the kennel. The kennel was demolished to make way for a housing development.
Besides the animal cruelty charges, the Frascas had been also accused of failing to appear for arraignment hearings. Lawrence had previously said that John Frasca had been scheduled for an arraignment in November 2007 and Heidi Frasca for arraignment in August 2008 after being charged nearly a year following the raid. Heidi Frasca later told the American Journal she had not received notice of the arraignment.
The Frascas were arrested on fugitive from justice warrants in Burlington, Mass., in June 2009 and brought back to Maine to face charges of 25 counts each of cruelty to animals. They were freed on bail, which prohibited them from owning or possessing animals.
They pleaded not guilty to the 25 counts at an arraignment hearing in Biddeford District Court in August 2009. They were given a trial date, but they requested a jury trial.
The case, which got under way in December 2009, met a further delay when the court granted the couple time to apply for court-appointed lawyers, who were appointed in March 2010. Then there was more delay when court dates scheduled earlier this winter were continued.
West Gardiner residents Thelma True and Larry Clowe sat in the courtroom with the Frascas last week, continuing their support of the couple.
"There really was nothing wrong down there," Clowe said Tuesday in a telephone interview about conditions at the former kennel.
True said animal rights groups had wanted fines and the Frascas jailed, but she said they didn't get what they wanted.
"The slate will be wiped clean," True said, "just like it never happened." | Source: keepmecurrent.com - Mar 23, 2011
Update posted on Mar 24, 2011 - 6:15PM |
A York County Superior Court judge last week granted court-appointed lawyers time to review the cases of a former Buxton couple facing multiple animal cruelty charges.
John and Heidi Frasca, who owned the J'aime Kennel in Buxton, each requested a jury trial after pleading not guilty last summer in Biddeford District Court to 25 counts of animal cruelty. The charges stem from a raid in 2007 when the state seized 250 dogs in the reputed puppy mill case.
The state and animal welfare officials said several of the dogs were diseased. The high-profile seizure was said to be the largest in Maine history.
Last week, Justice Paul Fritzsche set a discovery conference for the Frascas' lawyers in the first part of May.
A court document posted March 4 in York County Superior Court listed Joel Vincent of the Portland law firm Vincent, Kantz & Ruffner as attorney for John Frasca.
After meeting last week with Vincent in a court conference room, John Frasca deferred further comment to Vincent. But Vincent could not be reached by American Journal deadline Tuesday.
John Paul DeGrinney, a Portland attorney, said Tuesday that he had been appointed to represent Heidi Frasca.
"I just learned I'm on the case," DeGrinney said.
DeGrinney met with Heidi Frasca "very briefly last week, he said.
"I really can't comment, "said DeGrinney who added he wasn't yet familiar with the police report.
York County District Attorney Mark Lawrence said after last week's brief hearing that both defense lawyers would meet in the discovery conference with prosecutors to review all case-related materials. Lawrence said a judge might attend that conference, which would not be open to the public.
Lawrence will be the lead prosecutor, and will be assisted by Jessica Christensen, an assistant district attorney. Lawrence and Christensen were both in the courtroom last week.
In a pre-trial hearing in December at the York County Courthouse, the Frascas had requested time to seek court-appointed lawyers.
John and Heidi Frasca had each previously failed to appear at arraignment hearings. Both were arrested in June in Burlington, Mass., and returned to Maine to face charges and both are out on bail.
John Frasca last week confirmed he's living in Massachusetts.
In the courtroom, the Frascas sat with supporters Larry Clowes and Thelma True, both of West Gardiner. | Source: keepmecurrent.com - Mar 11, 2011
Update posted on Mar 24, 2011 - 6:41PM |
They came despite the snow, despite the wait, despite the uncertainty. They all had the same goal in mind: Bring home a puppy.
On Monday morning, about a dozen or so people gathered in front of the Animal Welfare Society like they were waiting for a hot concert ticket, or the newest toy on Black Friday. Some had come during the night and waited through the season's first snow; others came hours before the doors were slated to open. All were looking to adopt one of six Miniature Australian Shepherd puppies seized in the Buxton puppy mill raid in August and just being released for adoption that day.
Last in line was Springvale's John Sharpe and his 9-year-old daughter Jamie.
"The rest of the family's in the car," Sharpe said, explaining that his wife, older daughter and dog were waiting outside. "We're family number five."
Inside, shelter workers got ready for the rush. The puppies were ready - clean and clear-eyed, they were just half a dozen of the more than 300 dogs now in need of good homes following the raid.
They'd been moved to a kennel near the front and while they may not have known it, life was about to get good.
Five families came through the door at 11. So far, so good. With six puppies to be adopted today, it appeared no one would end up empty-handed. The first couple went in the back with a shelter worker and came out with two males to take a look at. They were taken down to the training room to have some time together, to make a decision. The minutes ticked by and then word came: They were taking both.
"It's Ben and Gordo," called out Senior Tech Jocelyn Layman.
There were murmurs up and down the line.
If someone else takes two there won't be enough for everyone, some said. And worse yet, other families were coming in the door. At least two more had joined the queue.
Family number one came out of the room and began going over legalities with the shelter staff while Ben and Gordo are returned to the kennel. All of the dogs must wait until Tuesday to be picked up; all new owners must read the paperwork on how best to care for a puppy mill dog and what to expect before they can take their puppies home.
With family number one done, it was time for family number two to visit the kennel. Dennis Driscoll had been waiting outside since 7:15 a.m. for the doors to open. The only reason he'd been able to be here today was because school was canceled. A teacher, he thought maybe the snow was a sign that the time had come for he and wife Sandra to get a new dog. They had lost their old girl, Sally, to cancer four years before.
Since shelter policy required that all family members (and pets) be present in order for anyone to adopt a dog, both Dennis and Sandra were there, ready to look at the puppies. They asked a shelter worker to bring in two females, Buffy and Cassidy.
"We'll see which one likes us best," Sandra said.
That didn't take long.
Minutes later, Cassidy was on her way to being Maggie and Buffy was on her way back to the kennel.
"This one attached herself to me," Sandra said. "I'll be in to pick her up tomorrow."
Dennis felt bad that they hadn't chosen Buffy, but predicted she'd be snapped up quickly.
He was right. Family number three, with two daughters, chose Buffy next.
And then there were two puppies left - and two of the original families, the Martins of Dayton and the Sharpes. Jamie Sharpe leaned close and whispered to her dad, "I hope we get Linus."
Blue-eyed Linus was Cassidy's littermate and the wild man of the group. While Linus went into the room with a few of the families, he always came right out again.
This time, when the Martins went in, both Linus and the brown and white Fauna came along.
Inside the room, Stephanie Martin crouched down to pet the puppies as mom Riquie watched. Riquie was leaning toward Linus, while it was clear Stephanie had other ideas.
"You want her, don't you?" she asked her daughter as she cuddled Fauna.
Still, the puppies had one other family member to meet: 1-year-old black German Shepherd Bam.
While Riquie held Bam on his leash he made his entrance and soon it became clear which puppy he preferred.
While Linus squared off with the bigger black dog right away, barking furiously, shy Fauna held his interest. Bam followed her around, finally placing his paw squarely on her back.
"He's telling her, 'You're mine,'" said animal care tech Gabby Van Natta. "And she's OK with it."
And so Stephanie - and Bam - had their puppy.
Which meant that poor little Linus was the last puppy standing, which could be a good thing - if the Sharpes could deal with his wildness, and if their 1-year-old Sheltie, Snickers, took to him.
The Sharpes came in and Linus trotted up. John knelt down, while Jamie cooed softly to the puppy. Big sister Casey, 13, came in with Gina to take a look at the puppy.
"How much bigger will he get?" asked John.
"Eighteen inches," Van Natta told him.
But while they chatted, something wonderful was happening. Linus was calm. It seemed the little wild man had taken one look at 9-year-old Jamie and fallen madly in love.
"It's like he said, 'I've been waiting for this family,'" whispered volunteer Deborah Kerr. When Jamie got up to bring 1-year-old Snickers in, he followed her to the door, looking sad. And when she returned, he ran up to her and stood on one side with Snickers on the other. The two dogs touched noses and the deal was sealed.
"Do you want a new home for Christmas?" Gina asked, holding the puppy close. "We have lots of love to give." | Source: Sea Coast Online - Dec 6, 2007
Update posted on Dec 6, 2007 - 12:15PM |
A kennel owner from Buxton was due in court Wednesday afternoon to answer to charges of animal cruelty. But John Frasca failed to show up.
A warrant has now been issued for Frasca's arrest. He is facing 25 counts of cruelty to animals.
State authorities raided the kennel owned by Frasca and his wife back in August. They found more than 250 dogs in various stages of distress, from malnourishment to parasites and diseases.
Since then, animal welfare workers have nursed them back to health and have even found homes for some of them.
The Frascas had lost their license to operate the kennel in the fall of 2006. | Source: WCSH - Nov 14, 2007
Update posted on Nov 14, 2007 - 3:10PM |
The owners of a Buxton kennel raided by authorities have filed an appeal to a judge's decision to grant custody of the dogs to the state.
While the appeal does prevent the state from making the dogs available for adoption, it does not mean they can't be moved from Buxton to new quarters.
"We're taking it further," Heidi Frasca said Tuesday. "This isn't going away." Frasca and her husband, John, own J'aime Kennel, where 249 dogs and puppies were seized in a raid in August.
The Frascas, who have been unable to obtain an attorney, filed the appeal themselves.
Biddeford District Court granted the state custody on Sept. 26. The state has rented space from Happy Tails Dog Daycare in Portland to relocate the animals, many of which are still being treated at the kennel.
The director of the state's Animal Welfare Program, Norma Worley, said the cost to care for the animals had risen to $150,000.
Worley said Tuesday "there's no definite day yet" when the animals will be moved.
The state's seizure of the animals was the largest ever in Maine. The Frascas were issued 14 summonses for an unlicensed kennel, two summonses for animal cruelty and one summons for failure to provide necessary medical treatment to animals. The court date for the summonses is in November.
About 180 dogs are at the Paucek Road kennel this week. Some of the dogs and puppies are being cared for at the Animal Refuge League in Westbrook and the Animal Welfare Society in Kennebunk.
Worley said many dogs are still receiving medical treatment at the kennel. Worley estimated 24 dogs have been diagnosed with sarcoptic mange and about 36 with giardia. She said the state is being cautious not to introduce diseases to the new shelter in Portland.
Local animal welfare workers and volunteers have been augmented with staff from the Humane Society of the United States and the American Humane Association, which moved an 82-foot mobile veterinary clinic to Buxton Sept. 30.
Debrah Schnackenberg, director of animal emergency services for American Humane Association, said the rig was requested by Worley. The brand-new rig is equipped with animal control equipment, oxygen, surgical equipment and space for veterinarians to perform surgery.
"We have a mobile vet clinic inside," Schnackenberg said from national headquarters in Denver, Colo.
Schnackenberg said the American Humane Association had two staff and 11 volunteers on duty at the rig Wednesday in Buxton. She said plans call for the rig to be in Maine until Oct. 28.
The rig has been stationed in the parking lot at Buxton Police Department because the kennel site is private property. Schnackenberg said the rig would be relocated when the dogs are moved to another site. | Source: KeepMeCurrent - Oct 11, 2007
Update posted on Oct 14, 2007 - 12:11AM |
A judge ruled Sept 26 that hundreds of dogs seized from a pair of Buxton kennel owners last month are now the property of the state. John and Heidi Frasca, owners of J'Aime Kennel, were accused of running a large-scale puppy mill after police raided their property and seized 249 dogs.
The couple failed to show up at the custody hearing in Biddeford District Court, and Judge Christine Foster ruled the dogs should be placed under permanent state care. The Frascas have three weeks to appeal.
In the five weeks since the raid -- the largest at an animal breeding facility in state history -- officials with the state Animal Welfare Program have been testing the dogs for infectious diseases. Court documents filed this week indicate that the dogs kept at J'Aime Kennel had numerous diseases and parasites, some of which are transmissible from to humans.
Christine Fraser, a veterinarian with Animal Welfare Program, reported that many of the dogs were suffering from a variety of ailments related to poor medical care and hygiene. Fraser's report said 57 of the seized dogs tested positive for giardia, a parasite that can be passed from animals to humans.
Fraser also found that 21 dogs tested positive for sarcoptic mange, a skin disease commonly known as scabies. Nearly half the dogs had some form of dental disease. Two dogs had fractures in their front legs that were never treated, resulting in limbs that were not usable.
"If not for the animals being seized, and provided medical treatment, many of those found at the kennel, mostly puppies, would not have survived," Fraser wrote.
Fraser said the state would care for the dogs for the three-week appeal period and eventually put them up for adoption when they have returned to health. The animals will not be ready for adoption for at least a month, she said. Steve Jacobsen, the director of the Animal Welfare Society in Kennebunk, one of the groups helping to care for the animals, said the group is not yet prepared to field requests from people interested in adoptions. At the time of the raid, police issued 14 summonses to the Frascas related to operating an unlicensed kennel and three more regarding animal cruelty and failure to provide animals with medical treatment.
On Sept 26, York County District Attorney Mark Lawrence said his office was reviewing the evidence to see if any of these summonses would result in criminal charges. Acting as their own attorneys, the Frascas filed a notice with the court earlier this week claiming that the legal actions taken against them were corrupt. The judge struck the six-page document from the record at Wednesday's hearing. "It's a fraudulent court," John Frasca said in a phone interview.
The Frascas' case has attracted attention among people concerned with animals and dozens of volunteers have helped state officials care for the dogs over the past five weeks. On Sept 25, about 15 people stood outside Biddeford District Court with signs condemning breeding facilities that pursue profits at the expense of animal welfare.
Robert Fisk, director of Maine Friends of Animals in Falmouth, said Maine has a comprehensive set of laws to protect animals, but the problems uncovered at the Frascas' kennel show the need for more aggressive enforcement.
"It's an important case because of the ... the numbers involved," he said. "It brings out the fact that backyard breeders and puppy mills are a fact of life in Maine that most people don't realize." | Source: Morning Sentinel - Sept 27, 2007
Update posted on Oct 8, 2007 - 11:52PM |
References« ME State Animal Cruelty Map
« More cases in York County, ME
|
