Case Details


Case Snapshot
Case ID: 12152
Classification: Hoarding
Animal: cat, dog (non pit-bull), goat
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Case #12152 Rating: 2.4 out of 5



Hoarding - 81 animals seized, 50 more dead
Solon, IA (US)

Incident Date: Tuesday, Aug 7, 2007
County: Johnson

Charges: Misdemeanor
Disposition: Convicted
Case Images: 1 files available

Defendants/Suspects:
» Malinda Dittberner
» John Reilly

Case Updates: 4 update(s) available

While volunteers at the Iowa City Animal Care and Adoption Center cared for the more than 60 dogs and 20 goats seized from a Solon farm, the count of animal carcasses found at the site rose to 30.

On August 7, 2007, Johnson County Sheriff deputies responded to a call of a dog trapped in a car at 1361 Highway 1 in Solon. Instead of finding just one dog, deputies found dozens of dogs and goats being held in kennels, the house on the property and also in the trailer where property owner, Malinda Dittberner, 83, resided with her husband, John Riley. Dittberner could not be reached for comment.

The Johnson County Sheriff's Department investigated a similar situation at a property also owned by Dittberner at 4689 110th St. N.E. in Solon. In all, 61 dogs, 20 goats and some cattle were removed and given aid and medical attention, according to sheriff Lonny Pulkrabek.

Shelter director Misha Goodman said she witnessed about 30 dog carcasses, 10 cat carcasses and 10 goat carcasses on the property, all in various degrees of decay. Only a handful of carcasses initially were found on Wednesday. Goodman said the animals and their owners lived in some of the "most horrendous" conditions she has ever seen. "No person or animal should have to live in that type of circumstances," she said. Goodman said she spoke with Dittberner briefly and said the woman thought she was doing a great job taking care of the animals. "These people care about animals," Goodman said. "They're her babies."
However, she said it was obvious the dogs and goats were not getting the attention they needed.

"It's neglect; there's certainly abuse," she said. "The question is: Did she set out to purposely abuse them? I think the answer is no." Goodman said the incident was a classic case of hoarding, which she said is a mental illness that often begins in childhood. "It's indescribable," Goodman said. "This was one the worst I've ever seen. "It eventually gets to the point where people cannot manage what it is. They never get rid of anything."

Pulkrabek said Dittberner has not been charged with any crime and any potential charges would not come until next week. "Right now, we're just trying to get our reports put together and done," Pulkrabek said.

Kyle Stahle, who grew up near Dittberner's farm and now lives about a half mile away with his wife, Jennifer, said he had no idea his neighbor was keeping so many dogs on her property. "I never saw any signs of neglect," Kyle Stahle said. "As far as dogs, I'm very surprised that many dogs were there."

Jennifer Stahle said the incident was "very strange" and that she had little contact with her Dittberner. "They never talked to any of us," she said. "I've lived here eight years and they've never spoken to me. You never see them at the grocery store or anything like that."

For now, all 61 dogs will remain at the shelter, Goodman said. The dogs were in varying conditions. Some appeared friendly and vibrant, while others were timid and reluctant to be touched. Several looked sickly.
Goodman said she was not sure how many male and female dogs there were, but William Gay, a veterinarian with the Iowa City Animal Clinic said some of the females that he and his assistants inspected and took blood samples from were pregnant.

More than a dozen volunteers were on hand at the animal shelter to help feed, clean and walk the dogs. Other people stopped by throughout the day to donate bags of food, kennels, blankets and towels for the animals and coffee and water for the volunteers. "When I saw this was happening, I thought I would get my hands dirty," volunteer Michael Christoffersen said. While many volunteers came in before work or just stopped to help for a bit, Traci Gelhar of Riverside and Danielle Jones of Solon both came in at 7 a.m. after working the night shift at the Coralville Hy-Vee grocery store. "I'm an animal lover," said Gelhar, taking a break from cleaning out a kennel. "It was traumatic and I just had to (help). I've taken in dogs that needed help before, but I've never seen a dilemma like this."

Jones, who said she was the treasurer of a horse rescue group, said she was impressed and amazed by the level of coordination at the shelter. However, she said she was not surprised by the scenes of the dogs around her. "I wish I was shocked," she said. "After taking care of 80 some horses, it's harder to shock me."


Case Updates

A Solon man accused of keeping more than 60 dogs and other animals in unsanitary and negligent conditions received the maximum sentence Wednesday.

Johnson County judge Stephen Gerard sentenced John Reilly, 57, to one year in jail, beginning immediately. He also was fined $1,875, the maximum fine for a serious misdemeanor.

Reilly was charged with animal neglect, livestock neglect and animal neglect with serious injury. The charges stem from an Aug. 7, 2007, search involving Johnson County Sheriff's deputies who were checking out a tip about a dog being kept in a car on a property owned by Reilly and his wife, Malinda Dittberner.

Deputies found dozens of dogs and other animals without food or water and living in harsh conditions at two properties owned by Reilly and Dittberner.

The animals and other livestock were seized by the sheriff's office and taken to the Iowa City Animal Care and Adoption Center for care. Eventually, a court order granted custody of the dogs to the animal adoption center.

Surviving dogs without temperament issues were put up for adoption.

The sentencing comes less than a month after Reilly's attorney and the county attorney's office agreed to a plea deal Jan. 3. Assistant County Attorney Anne Lahey said the county attorney would request that Reilly serve 14 days of a 60 day sentence and have one year supervised probation.

However, Lahey said Gerard told Reilly it was one of the worst cases he had ever seen and gave Reilly the maximum sentence.

Lahey said she was not expecting that decision by the judge but was not surprised.

Dittberner, 83, pleaded guilty to animal neglect and was given a 30-day suspended sentence Oct. 24, 2007.

Dittberner was put on one year's probation and ordered not to keep any pets during that time.
Source: Press-Citizen - Jan 31, 2008
Update posted on Jan 31, 2008 - 4:34PM 
The Solon man accused of keeping nearly 60 dogs in unsanitary and negligent conditions pleaded guilty to the charges against him this morning, according to Assistant Johnson County attorney, Anne Lahey.

John Reilly, 57, was charged with animal neglect, livestock neglect, a simple misdemeanor and animal neglect with serious injury, a serious misdemeanor after Johnson County Sheriff's deputies responded to a call of a dog being kept in a car on his and his wife, Malinda Dittberner's property, 1361 Highway 1 in rural Solon, on Aug. 7, 2007. Deputies seized 58 dogs and several goats discovered without fresh food or water.

Reilly will serve 13 days in jail and have a one year supervised probation according to Lahey.

He was scheduled to go to trial on Jan. 14 and had filed for a change of venue for the trial.

Dittberner, 83, pleaded guilty to animal neglect and was given a 30-day suspended sentence and put on probation for one year. She is not allowed to own any pets during that time, court officials said.
Source: Press Citizen - Jan 2, 2008
Update posted on Jan 2, 2008 - 12:30PM 
A Solon man accused of keeping nearly 60 dogs and other animals in unsafe conditions has pled not guilty to the charges.

John Reilly, 57, filed a written not guilty plea in Johnson County District Court late Wednesday . He was charged with animal neglect, livestock neglect, a simple misdemeanor, and animal neglect with serious injury, a serious misdemeanor. If convicted, he faces up to one year in jail and a fine ranging from $250 to $1,500.

Reilly is scheduled to go to trial on Jan. 14, according to online court records.

The charges come after Johnson County Sheriff's deputies responded to a call of a dog being kept in a car on his and his wife, Malinda Dittberner's property, 1361 Highway 1 in rural Solon, on Aug. 7. Deputies seized 58 dogs and several goats that were discovered without fresh food or water.

Dittberner, 83, pled guilty to animal neglect Wednesday and was given a 30-day suspended sentence and put on probation for one year. She is not allowed to own any pets during that time, court officials said.
Source: Press Citizen - Oct 25, 2007
Update posted on Oct 28, 2007 - 6:00AM 
The Solon woman charged with animal neglect and accused of keeping nearly 60 dogs and many other animals in unsanitary and unsafe conditions, was sentenced this morning.

Malinda Dittberner, 83, filed a written guilty plea this morning at the Johnson County courthouse.

She received a 30-day suspended jail sentence. Dittberner will not have to serve the sentence in jail because of her frail condition and poor health. She is also on probation for a year and is not allowed to have any pets during that time.

Co-defendant John Reilly, 57, will be arraigned in court tomorrow.

Both Reilly and Dittberner were charged with animal neglect. Reilly received additional charges of livestock neglect, a simple misdemeanor; and animal neglect with serious injury, a serious misdemeanor. If convicted, he faces up to one year in jail and a fine ranging from $250 to $1,500.

The Johnson County Sheriff's Department responded to the couple's property at 1361 Highway 1 on Aug. 7 when a passerby saw a dog being kept in a car.

When sheriff's deputies arrived, they found many other dogs also being kept in abandoned vehicles and buildings on the property.

Authorities reported that there was no fresh food or water available for the dogs. Misha Goodman, the director of the Iowa City Animal Care and Adoption Center said she saw about 30 dog carcasses, 10 cat carcasses and 10 goat carcasses on the property, all in various degrees of decay.

Dittberner's other properties also were searched, and a total of 58 dogs were seized and taken to the animal shelter. The 20 goats were taken to the Johnson County fairgrounds and later sold.
Source: Iowa City Press Citizen - Oct 24, 2007
Update posted on Oct 24, 2007 - 11:37PM 

References


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