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Case ID: 16182
Classification: Neglect / Abandonment, Unlawful Trade/Smuggling
Animal: cat, dog (non pit-bull)
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Attorneys/Judges
Prosecutor(s): David Kurkel
Defense(s): Anthony Naro
Judge(s): Sawako Gardner


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Backyard breeder - 10 dogs, puppies neglected
Greenland, NH (US)

Incident Date: Saturday, Jan 30, 2010
County: Rockingham

Charges: Misdemeanor
Disposition: Dismissed

Persons of Interest:
» Carol A Jones
» Breana Martel

Case Updates: 5 update(s) available

A mother and daughter are charged with a combined 27 crimes alleging animal cruelty, selling dogs without a license and that the daughter presented her labrador retriever as an assistance dog using a license she bought online.

The daughter, Breanna Martel, 19, of 885 Portsmouth Ave., is charged with 12 Class A misdemeanor counts of animal cruelty alleging she subjected ten dogs and two cats to cruelty by keeping them in inhumane conditions.

According to Officer Wayne Young, most of the animals were found in Martel's living room on Dec. 11, 2009, cramped in cages stacked on top of one another. The cages were lined with animal waste, feces was on carpeting, a "filthy" cat box was on scene and ammonia tests conducted by an SPCA agent exceeded OSHA standards, said the officer.

The discovery came eight months after SPCA cruelty investigator Steve Sprowl warned Martel about operating an animal rescue she called "Seacoast Fur Babies" without a license, according to an affidavit by Young. The discovery was also one day after Martel falsely reported someone stole a dog from her, he said.

Martel is also charged with a misdemeanor alleging she sold a dog without required licenses from the state and the Department of Agriculture. Police allege the person she accused of stealing a dog was actually a buyer.

A sign posted on Martel's front door advertised chihuahua puppies for sale, according to police.

Martel is also charged with a misdemeanor count of prohibited acts alleging that when she made the false dog theft report at Greenland police headquarters, she entered the building with a harnessed Labrador Retriever, told police it was a service dog and presented a card to police which purported to be a license for a service dog. Young said police later learned the dog "was not a service dog and she purchased the card off the internet."

Martel's mother, Carol Jones, 42, is also charged with 12 counts of animal cruelty and a misdemeanor alleging a dog sale without proper licenses. Police allege Dept. of Agriculture information proves Jones had nine Chihuahua puppies shipped to her from Arkansas under her name.

Jones and Martel told the Herald in January they were rescuing needy animals and criticized the SPCA for "seizing" eight dogs and a cat. Young said Thursday that Jones voluntarily surrendered the animals to the SPCA and they have all since been placed in homes. With information that Martel is under psychological care, the SPCA left Martel with two dogs -- a German shepherd and the alleged service dog.

None of the 12 animals suffered from physical injury, said Young, explaining that all were neglected by squalid living conditions. He said the women warned in 2008 that they could be fined for selling dogs without a license.

"They were told a year-and-a-half ago to go through the proper channels," he said.

Following their arrests, the women were released on $5,000 personal recognizance bail and are scheduled to be arraigned in Portsmouth District Court on March 15, 2010.

Young said more charges may be forthcoming if anyone reports to police that they bought a dog from the women. He said people who bought dogs will not be charged with any crime because they likely didn't know the transaction was illegal. He said no dogs will be seized from unknowing buyers.

"It's probably naive to think that only one dog was sold," he said.

The prosecution of the women will "put some guidelines in place and hopefully we won't have to deal with it again," he said.

Last month Martel appealed to the Rockingham County Superior Court for the return of the animals and a judge denied her request.


Case Updates

Rockingham grand jury indicted Breanna Martel, 21, of 885 Portsmouth Ave., Greenland, on a Portsmouth charge alleging forgery.
Source: seacoastonline.com - Sep 24, 2011
Update posted on Sep 25, 2011 - 12:30AM 
A Greenland woman previously charged with 12 counts of animal cruelty and court-ordered to report any new pets pleaded guilty to being in contempt of court on Wednesday for getting a new puppy.

Breanna Martel, 20, of 885 Portsmouth Ave. appeared in Portsmouth District Court where she admitted to the contempt charge.

Martel was ordered to notify police about any new animals in her care following a guilty plea in May to a count of selling pets without a required license.

Through her attorney, Martel negotiated a plea deal that dismissed 12 misdemeanor counts of animal cruelty alleging she subjected 10 dogs and two cats to cruelty by keeping them in inhumane conditions. None of the animals suffered from physical injury, said police.

The most recent allegations surfaced less than two weeks after her conviction when she applied at a local animal shelter for a "food share program" that provides pet food to owners and caretakers with financial difficulties.

When applying, Martel was required to disclose how many pets she has and reported two dogs, which the court allowed her to keep, as well as a third Pekingese-dachshund puppy.

When she was asked why she got a puppy while she was having trouble feeding her other dogs, Martel said she planned to "re-home" the puppy when it reached six months of age, say police. She also reported that no shelter would take the puppy and when a woman running the pet food program offered to take it, "Martel refused," police allege.

As a result she was fined $300 and is court-ordered not to "own, posses or keep" animals "temporarily or permanently" regardless if it is "part ownership, possession or pet sitting."

If Martel wishes to get a pet the court order mandates she get prior written approval from Police Chief Michael Maloney.
Source: seacoastonline.com - Sep 9, 2010
Update posted on Sep 25, 2011 - 12:20AM 
A mother and daughter charged with a combined 27 crimes, most alleging animal cruelty, reached a plea deal Wednesday when 25 of the charges were dismissed.

The daughter, Breanna Martel, 19, of 885 Portsmouth Ave., was charged with 12 Class A misdemeanor counts of animal cruelty alleging she subjected ten dogs and two cats to cruelty by keeping them in inhumane conditions. According to Officer Wayne Young, most of the animals were found in Martel's living room on Dec. 11, 2009, cramped in cages stacked on top of one another. The cages were lined with animal waste, feces was on carpeting, a "filthy" cat box was on scene and ammonia tests conducted by an SPCA agent exceeded OSHA standards, said the officer.

The discovery came eight months after SPCA cruelty investigator Steve Sprowl warned Martel about operating an animal rescue she called "Seacoast Fur Babies" without a license, according to an affidavit by Young.

Martel was scheduled for a May 12 Portsmouth District Court trial, but through attorney Anthony Naro, negotiated the plea deal which dismissed all of the cruelty charges and she pleaded guilty to a count of selling pets without the required license. In exchange for her plea, Judge Sawako Gardner imposed a $500 fine, with $200 suspended pending a year of good behavior. Martel was also court-ordered to notify police if she intends to obtain any new animals.

Her mother, Carol Jones, 42, of the same address, was also charged with 12 counts of animal cruelty and a misdemeanor alleging a dog sale without proper licenses. Police allege Dept. of Agriculture information proved Jones had nine Chihuahua puppies shipped to her from Arkansas under her name. Following her guilty plea to one count of selling animals without a proper license, Jones received an identical fine and conditions as those imposed on her daughter.

Jones and Martel told the Herald in January they were rescuing needy animals and criticized the SPCA for "seizing" eight dogs and a cat. Police said Jones voluntarily surrendered the animals to the SPCA and they have all since been placed in homes. With information that Martel is under psychological care, the SPCA left Martel with two dogs.

None of the 12 animals suffered from physical injury, said police, explaining that all were neglected by squalid living conditions.
Source: seacoastonline.com - May 12, 2010
Update posted on Jul 28, 2011 - 5:22PM 
A month after she was arrested on 12 counts of animal cruelty and nine animals were seized from her home, Carol Jones bought another dog, police allege.

Jones, 42, of 885 Portsmouth Ave., is pleading not guilty to the misdemeanor animal cruelty charges, as well as a charge alleging she sold an animal without a proper license. According to court records, 10 dogs and two cats were found living in inhumane conditions in her living room on Dec. 11, 2009. Police allege they were cramped in cages that were lined with animal waste, a “filthy” cat box was on scene and ammonia levels measured by an agent from the N.H. Society for the Prevention of Cruelty to Animals exceeded Occupational Safety and Health Administration standards.

Jones' daughter, Breanna Martel, 19, of the same address, is also charged with 12 counts of animal cruelty, based on the same allegations. Police are also charging Martel with a crime alleging she presented her Labrador retriever as an assistance dog using a license she bought online.

On Monday, police detective David Kurkul filed a motion with Portsmouth District Court asking that Jones' bail be revoked for violating a bail condition prohibiting her from getting any new animals. Kurkul told the court he went to Jones' home on March 5 and found a new dog that was seized and taken to the SPCA. Noting the dog was relinquished, Judge Sawako Gardner did not revoke Jones' bail. She is scheduled for a May 12 trial on all of the charges.

Martel is also pleading not guilty, waived her arraignment and will also contest the charges during a May 12 trial.

Police allege the animals were discovered eight months after SPCA cruelty investigator Steve Sprowl warned Martel about operating an “animal rescue” she called Seacoast Fur Babies without a license. Department of Agriculture documents prove Jones had nine chihuahua puppies shipped to her from Arkansas under her name, according to court records.

With information that Martel is under psychological care, the SPCA allowed her to keep two dogs and a cat, according to court records. None of the 12 animals were physically injured, police said, explaining that the squalid living conditions constituted neglect.

In February, Martel appealed to Rockingham Superior Court for the return of the animals and a judge denied her request.
Source: seacoastonline.com - Mar 17, 2010
Update posted on Mar 19, 2010 - 2:56PM 
Police said the women were buying dogs out-of-state - nine Chihuahuas had just been shipped in from Arkansas - and then selling them.

On Dec. 11, 2009, police and SPCA cruelty investigator Steve Sprowl went to the home where they found cages filled with urine and feces, stacked one on top of the other in the living room, according to a police affidavit filed in Portsmouth District Court.

Martel was cleaning the cages when they arrived and giving some of the dogs their medications. There was a total of 10 dogs and two cats in the home where incense was burning in the kitchen to mask the ammonia odor, according to Officer Wayne M. Young.

Upstairs, Young said Jones had used a deodorizing spray before they arrived. Two dogs were in a bedroom and feces were on and smudged into the carpet, Young wrote.

An ammonia test recorded 10 parts per million, below the 25 parts per million considered safe by OSHA, in one section of the bedroom but a second test recorded 60 parts per million in a corner where a filthy cat litter box was located, according to court papers.

Jones signed over the dogs to the SPCA and Sprowl removed eight dogs and a cat. Two dogs that had lived with the family for a long time remained with them.

Young said police and other officials have been dealing on-and-off with the situation for about 1 1/2 years. In August 2008, police went to the home after receiving a report that an infant was living there amid poor living conditions, according to Young's affidavit. He wrotethe home was "very dirty" at that time but Jones was given the opportunity to clean up the residence.

Eighteen months ago, he said, the women were told they needed to obtain a license in order to sell dogs.

In July 2009, Jones told Department of Agriculture investigators the business was shut down after the first SPCA investigation.

But on Dec. 10, Martel showed up at the police station, a black Labrador in tow, to complain that a woman had stolen one of her dogs. Police determined then that Martel sold the woman the dog, triggering the investigators' visit to her home the next day.

The Labrador that was with Martel at the station had a collar, leash and harness making it appear to be a service dog. Young said Martel maintained it was and showed him a card that appeared to be genuine.

Martel, when interviewed by police, admitted she purchased the card off the Internet and that the dog was not a service dog.

Each woman is charged with 12 counts of animal cruelty and 1 charge of selling animals without a license. Martel faces an additional misdemeanor offense of prohibited acts for presenting the black Lab as a service dog when it was not.

They were arrested on Jan. 30 and are free on $5,000 personal recognizance bail pending a March 15 arraignment in Portsmouth District Court.
Source: The Union Leader - February 5, 2010
Update posted on Feb 5, 2010 - 3:17PM 

References

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