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Case #1629 Rating: 3.5 out of 5
Hoarding - over 300 animals
Derry, PA (US)Incident Date: Tuesday, Mar 21, 2000
County: Westmoreland
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Nancy L. Cline
Case Updates: 4 update(s) available
Humane officers filed 12 summary animal cruelty citations and three misdemeanor counts of disorderly conduct against Nancy L. Cline after serving a search warrant at her 100-acre family farm north of New Derry on March 21, 2000. Officers found more than 300 dead and dying animals on her farm along Hunter Road.
On July 9, 2003 -- after a plea bargain gone bad and two appeals -- they finally saw Cline, 53, convicted on 11 of 12 counts of animal cruelty in connection with what they have called the worst case they have ever seen.
"I've heard enough," said District Justice Mark Bilik, who sentenced Cline to serve 90 days in prison and pay nearly $6,000 in restitution after more than three hours of testimony yesterday.
"You can file your appeals, but as far as I'm concerned, this is a grotesque situation," Bilik said. "This is deplorable. No animal should have to live this way."
"They were about the filthiest conditions I have ever seen," testified Elaine Gower, a humane officer for Action for Animals in Derry Township.
More than 100 animals were found dead in various stages of decay, while 249 emaciated sheep and lambs, chickens, goats, dogs, cats and horses were confiscated and treated by local veterinarians for malnutrition, parasites, untreated wounds and exposure. Some had to be euthanized.
"She (Cline) admitted she was in over her head," Gower testified. "She had no money and she was afraid that if she asked for help, the animals would be killed. The best thing was for us to take them."
In October 2000, Cline waived her right to a preliminary hearing and accepted an offer from the Westmoreland County District Attorney's Office that included enrollment in the Accelerated Rehabilitative Disposition program and payment of restitution. She also was to undergo psychological testing and allow humane officers to inspect her farm.
But Cline reportedly failed to comply with terms of the plea agreement, so the ARD offer was withdrawn.
"It all just fell apart," said Assistant District Attorney Peter Flanigan. "It was a painful nightmare."
Despite the withdrawn offer, Common Pleas Judge William J. Ober ordered Cline into the ARD program, said Flanigan, who appealed to state Superior Court, where it was overturned.
Cline's former attorney, Dennis Rafferty, appealed that order to the state Supreme Court, which sent the case back to county Common Pleas Court, Flanigan said. The county court in turn remanded the case to Bilik.
There, Dr. Henry Croft of Loyalhanna Veterinary Clinic in Ligonier Township, testified yesterday with a videotape that detailed conditions at Cline's farm.
"This is a lamb that was caught in something and died of strangulation," Croft narrated. "This sheep died an agonal death. It dug troughs by pawing at the ground as it tried to get up."
Croft explained numerous other horrific examples of the animals' conditions and deaths -- from starved goats in the basement of Cline's modular home to a pack of dogs and puppies that covered virtually every inch of the main living area floor in feces that ranged from several inches to more than a foot deep.
"It's hard to put into words," he said. "We had to shovel our way in (to the house), and the odor was unbelievable. A strong ammonia smell. I can still smell it."
Flanigan withdrew the disorderly conduct charges at yesterday's hearing and recommended a sentence of 90 days for all 11 counts and payment of $5,970 in restitution to cover some of the costs of immediate veterinary care provided to the animals.
Animal cruelty citations carry a maximum penalty of up to 90 days in prison and a $750 fine each. With 11 counts, he said, Cline could have been sentenced to up to two years and nine months in prison and $8,250 in fines.
"I think it was a fair ruling," Gower said.
Cline remains free pending a sentencing hearing before Bilik on Aug. 19.
"We do intend to file an appeal," said her defense attorney, Thomas C. Panian, of Washington County, who declined comment after the hearing.
Case UpdatesSeven years after a Derry Township farmer was cited for cruelty to animals, Westmoreland County officials are still attempting to collect $28,000 in restitution that was part of her probation sentence.
Assistant District Attorney Pete Flanigan argued before Judge Richard E. McCormick Jr. yesterday that Nancy Cline, 57, of Ligonier Street, Latrobe, is purposely avoiding her court-ordered payments and should be sent to jail. He said that Cline, who receives Social Security disability, has even ignored repeated attempts to collect $15-a-month payments on the bill.
"She's told probation officials, repeatedly, that she's not going to pay one red cent ... that's why this is a 7-year-old case," an exasperated Flanigan told McCormick.
Probation officer Dawna Miletics said Cline signed a contract with the probation office in July 2005 to begin making the $15 monthly payments, but has not paid anything.
She said she'd go to jail first before she'd pay any restitution," Miletics testified.
However, Cline later countered she can't afford making even monthly payments from her $1,672-a-month disability payment because she needs the money for living expenses. She also claimed that she did not benefit from a 2002 family inheritance and that a Derry Township property she was bequeathed went instead to her adult son, Kevin.
"It's all going to go to him when I die anyway. Why pay inheritance tax on the same thing twice, so I directed it to go straight to him," Cline said.
Cline was cited for animal cruelty in March 2000 after humane agents searched her 100-acre farm in Derry Township and found the carcasses of more than 100 animals in various stages of decay. Another 250 emaciated sheep and lambs, chickens, goats, dogs, cats and horses were confiscated and treated by veterinarians for malnutrition, parasites, untreated wounds and exposure.
Many of the animals were euthanized. The restitution is to reimburse expenses incurred by several area nonprofit animal shelters that cared for the animals after they were removed from the Cline property.
After numerous appeals, the criminal case concluded Feb. 1, 2005, when Cline pleaded guilty to animal cruelty charges and was sentenced to 11 consecutive, three-month probation terms, plus restitution.
McCormick ordered Flanigan and Cline's private attorney, Thomas Panian, to submit briefs on the matter. A decision is expected in approximately two months. | Source: PittsburghLive - July 30, 2007
Update posted on Jul 31, 2007 - 2:12AM |
Nancy L. Cline, convicted of animal cruelty, must reimburse the shelters that cared for the dozens of sick animals rescued from her farm, a judge ruled.
Westmoreland County Judge Richard McCormick Jr. this week ordered Cline, 55, to pay more than $28,000 in restitution to Action of Animals in Derry Township, Animal Friends in Pittsburgh and OohMahNee Farm in Mt. Pleasant.
Humane officers have said they found more than 100 dead animals in various stages of decay after searching her 100-acre family farm in Derry Township on March 21, 2000. Another 249 emaciated sheep and lambs, chickens, goats, dogs, cats and horses were confiscated and treated for malnutrition and disease.
The animals were taken to various agencies for treatment. Cline was convicted in February of 11 counts of cruelty to animals and sentenced to almost three years of probation. | Source: Centre Daily - July 23, 2005
Update posted on Jul 24, 2005 - 9:15PM |
A Westmoreland County judge Tuesday dismissed an appeal filed by a Derry Township farmer cited with animal cruelty in 2000 after multiple dead and dying animals were found on her property.
Nancy Cline, 54, had challenged her conviction on the grounds that a humane officer had entered her property without a warrant to speak with her about a tip that her animals were undernourished.
Judge Richard E. McCormick Jr. ruled that Cline's rights were not violated when the humane officer noted the presence of several dead and dying animals, and multiple undernourished ones. Accordingly, McCormick dismissed the appeal.
A subsequent search of Cline's property with a veterinarian found as many as 100 animals dead and in various states of decay on her property. Another 200 animals were found alive and were treated.
Prosecutors initially offered Cline two years' pretrial probation as part of a program for first-time offenders. By entering the program, Cline admitted no guilt.
But prosecutors tried to withdraw the offer after Cline, through her attorney, refused to pay nearly $14,000 in restitution for the care of the surviving animals. Over the prosecution's objections, Westmoreland County Judge William J. Ober still granted Cline's admission into the Accelerated Rehabilitative Disposition program.
A state appeals court overturned Ober.
McCormick's ruling means Cline's nonjury trial, which began in August, will proceed now that the challenge to the search has been disposed of. | Source: Tribune-Review- Dec 1, 2004
Update posted on Dec 3, 2004 - 8:57AM |
A Derry Township woman cited in 2000 after scores of dead and malnourished animals were found on her property went on trial Monday.
"If I was a dog, I wouldn't want to live in that house," said Stahlstown veterinarian Henry L. Croft.
Nancy Cline, 54, initially was offered a probationary program for first-time offenders, but an appellate court ruled she was improperly admitted to the program.
Cline was charged in March 2000 with 12 summary counts of cruelty to animals and three misdemeanor counts of disorderly conduct for neglecting hundreds of animals she kept on her Derry Township farm.
Authorities found as many as 100 dead animals in various states of decay on her property. Another 200 animals were found alive and were treated by veterinarians.
Prosecutors initially offered Cline two years' probation as part of the ARD program. By entering the program, Cline admitted no guilt.
But prosecutors tried to withdraw the offer after Cline, through her attorney, refused to pay nearly $14,000 in restitution for the care of the surviving animals. Over the prosecution's objections, Ober granted Cline's admission into the ARD program.
Yesterday, Westmoreland County Judge Richard E. McCormick Jr. started the nonjury trial. He said he will continue it at another date after ruling whether the search of the property that led to charges should be suppressed. | Source: The Tribune-Review - August 24, 2004
Update posted on Aug 29, 2004 - 7:10PM |
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