Attorneys/Judges
| Prosecutor(s): | Christine Wilson | | Defense(s): | Cory J. Miller | | Judge(s): | Rodney Hartman |
CONVICTED: Was justice served?
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Case #14456 Rating: 2.4 out of 5
Puppy mill - 172 dogs
Earl Township, PA (US)Incident Date: Monday, Jun 26, 2006
County: Lancaster
Charges: Summary
Disposition: Civil penalty imposed
Defendant/Suspect: Paula Hutchinson
Case Updates: 1 update(s) available
An Earl Township dog breeder pleaded guilty Wednesday [Sept 26, 2007] to multiple animal cruelty charges and is now out of business.
At a hearing before District Justice Rodney Hartman, kennel owner Paula Hutchinson of Hutchinson Kennel pleaded guilty to five animal cruelty citations and 11 violations of state dog laws.
Hutchinson agreed to pay a $1,000 fine. In addition, Hutchinson is subject to random kennel inspections during an 18-month probation, during which she may not acquire any additional dogs.
"I'm satisfied, not happy, but satisfied," said Humane Society Police Officer Keith Mohler, who investigated the cruelty charges that stemmed from a June 29, 2006 search of Hutchinson's kennel. "The important thing is that this woman's out of business."
Assistant District Attorney Christine Wilson filed one cruelty charge against Hutchinson for not providing veterinary care for a pug with a ruptured cornea. After the dog was seized from Hutchinson, its eye had to be surgically removed. Other cruelty charges were filed for two cocker spaniels found with extremely matted hair and open sores and a Boston terrier that was found wet and without shelter.
Another cruelty charge was filed for unsanitary conditions inspectors found throughout Hutchinson's kennel, including evidence of rodents and bugs in dog food, mounds of feces in and under kennels and water dishes covered in mold and algae.
The 11 charges filed against Hutchinson by the state stem from unsanitary and inadequate kennels and not maintaining records of dogs' rabies vaccinations.
According to a June 27 state kennel inspection report, Hutchinson's 172 dogs lived in kennels with dirt floors and no drainage to wash away excrement. The inspector also reported some dogs housed in airline crates, kennels with sharp wires and rusted pipes, caked and moldy dog food, a dead rat in the yard and large piles of feces in and under cages.
At the time of that inspection, Hutchinson had 22 dogs more than the 150 allowed by her kennel license. She reported having sold 36 dogs in the previous year.
When Hutchinson's kennel was reinspected just two weeks later, she had reduced the number of dogs by 45 and reported having sold 35 since the previous inspection.
Still, the inspector reported little improvement from the earlier inspection. Dogs were living in dirt-floored cages, and the feces had not been removed.
The bureau revoked Hutchinson's kennel license by Sept. 5, when a state inspector returned to conduct a closing inspection. Only 18 dogs remained at the kennel, but the inspector noted Hutchinson could provide a sales slip for only one of 109 dogs no longer at the kennel. The inspector added, "Kennel conditions remain the same, although a few of the kennels have been removed."
As of Tuesday, Hutchinson had 16 dogs in her care. As part of the agreement, she is allowed to keep those dogs, but she may not acquire any more, even via breeding.
Bureau prosecutor Jeff Paladina said even if Hutchinson reapplies to the state for a kennel license after her probation, the state has the discretion to deny her a license. Paladina also said the random inspections negotiated in the agreement give inspectors power to monitor Hutchinson strictly for compliance.
Mohler said although 16 dogs remain in Hutchinson's care, the inspections guarantee she will comply with the agreement and state dog laws or else she will go to jail.
"The important thing is how this affects the animals," Mohler said. "Because of this, the dogs she's allowed to keep will live in better conditions."
The four dogs seized from Hutchinson as evidence in this case and an additional 33 dogs she surrendered were all taken in by Humane Leagues of Lancaster County.
Case UpdatesA state dog warden's keen eye landed an Earl Township dog breeder with a history of animal cruelty back in court Thursday.
In September, when Paula Hutchinson, owner of the now-defunct Hutchinson Kennel at 329 Redwell Road, New Holland, faced five counts of animal cruelty and 11 violations of state dog laws, she made a plea agreement and avoided harsher penalties.
Part of the agreement reached last year in District Judge Rodney Hartman's New Holland court was that she would forfeit all but 16 of her dogs and not acquire any additional dogs, through breeding or any other means, for 18 months. In addition, Hutchinson's license to operate a breeding kennel was revoked by the Bureau of Dog Law Enforcement, essentially putting her out of business.
But during a recent routine inspection of a Lehigh County pet shop, a state dog warden familiar with Hutchinson's case was shocked to see Hutchinson's name on the breeding record for a puppy at the Fogelsville shop.
On Thursday, Hutchinson's attorney, Cory J. Miller, said his client was not back in the breeding business, but she did violate her probation by signing the puppy's paperwork to help out a friend.
"There was no legitimate explanation for what she did," Miller said. "It was a terrible decision."
Miller said Hutchinson could have been jailed for more than 500 days for violating her probation, which could have exacerbated ongoing health conditions she suffers.
Instead, Miller and dog-law bureau prosecutor Jeff Paladina reached an agreement Thursday that was approved by Hartman.
Under the agreement, Hutchinson will forfeit six dogs that she owns, she must dismantle all dog kennels on her property by Sept. 28, she is subject to random inspections by cruelty officers and state dog wardens to ensure that she has no dogs on her property aside from two nonbreeding dogs owned by her husband and she may not own or acquire any dogs for the next 18 months.
Paladina said given the risks that always come with litigation, the agreement was a fair compromise for Hutchinson's case of violating her probation on summary offenses.
"There are always risks with litigation," Paladina said. "And we're getting six animals out of that situation. The dog wardens and the Humane League (of Lancaster County) were all in agreement that this was the best thing." | Source: Lancaster Online - Aug 29, 2008
Update posted on Aug 29, 2008 - 9:00PM |
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