Attorneys/Judges
| Prosecutor(s): | Jeff Gaines | | Defense(s): | Tate Love | | Judge(s): | Humes J. Franklin Jr. |
CONVICTED: Was justice served?
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Case #16467 Rating: 5.0 out of 5
Breeder faces 69 charges
Staunton, VA (US)Incident Date: Monday, May 24, 2010
County: Staunton City
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Charlotte Jean Payne-Cyhanic
Case Updates: 5 update(s) available
A Staunton grand jury indicted a dog breeder Monday on 69 charges of mistreatment of animals.
In incidents running from May to June, authorities said, Charlotte Jean Payne-Cyhanick, of Staunton, sold underage dogs, unlawfully deprived dogs of emergency veterinary care, unlawfully maintained more than 50 dogs and failed to provide dogs with adequate care.
Contacted Monday evening, Payne-Cyhanick said she had not heard of the charges against her.
Payne-Cyhanick said she's struggled with local authorities for almost two decades over the annexation of her land. Almost every member of the Staunton City Council has visited her property at one time or another, indicating they want her gone, she said.
"It has been 20 years of hell here, just fighting to have what every American citizen should have," she said. "And I will not roll over and play dead with them."
Local attention on the effort to ensure the proper care of dogs heightened as a result of a case against Kyle Brydge, a Stuarts Draft breeder who pleaded guilty in September to more than 100 misdemeanor charges of animal cruelty. Authorities seized 99 dogs from his kennel.
Payne-Cyhanick's Rainbows End operation was among kennels targeted in 2007 by the Humane Society of the United States as part of the group's effort to expose puppy mills in Virginia.
Justin Scally, of the Humane Society, said the group targeted Payne-Cyhanick in response to complaints the group received about her operation.
Scally spoke with The News Virginian by phone Monday evening from Mississippi, where he said he was deployed to assist at an operation that officials had "just raided."
"It's great to hear that law enforcement is doing something put an end to that," Scally said. "We received information about sick puppies being sold from the property and that was of major concern to the Humane Society of the United States."
During an investigation of Payne-Cyhanick's property, Scally said the Humane Society found dogs living outdoors, in poor conditions and with unpalatable water.
The Humane Society exposé coincided with a push to pass puppy mill legislation in Virginia. The bill became law, restricting the size of breeding operations, stiffening inspections and enhancing recordkeeping practices. The new law limited kennel operators to no more than 50 dogs older than 1 unless approved under local ordinance.
The law also made it a Class 1 misdemeanor for breeders to fall short of business license, veterinarian certification and recordkeeping requirements.
Payne-Cyhanick defended herself online after the group's report was released.
"They have lied about what they saw here from beginning to end," she wrote. "My dogs are clean, healthy, happy, and well socialized."
Scally said he called Staunton Animal Control on Monday evening to offer any assistance necessary relating to the 69 charges against Payne-Cyhanick.
"I just don't want her to start moving the dogs before they can be rescued," he said. "There's plenty of these puppy mills out there and consumers many times don't know where these animals are coming from or what conditions they're living in."
Case UpdatesA Staunton dog breeder whose business was shut down after her conviction on 50 misdemeanor charges said she'll probably have to put down some of the nine dogs that remain in her care.
Jean Payne-Cyhanick failed Monday in an effort to set aside the verdict, suspend part of $4,850 in fines and suspend a court order that she give away all but four dogs.
On Dec. 1, a jury Payne-Cyhanick, 64, guilty on 34 charges of keeping inadequate records, seven charges of animal cruelty, six charges of inadequate care, two charges of selling premature puppies and a single charge of being a commercial breeder with more than 50 dogs at her Staunton kennel on National Avenue.
A handful of the dogs suffered from eye problems and gum disease, according to testimony.
Her attorney, Tate Love, noted that an appeal "can be measured in years if not months," and said if the appeal were successful it would have little value if Payne-Cyhanick must dismantle her business in the meantime.
"The damage would be done at that point," he said.
Staunton Circuit Judge Humes J. Franklin Jr. denied all three motions.
Reached by phone following her court appearance, Payne-Cyhanick said while the jury's verdicts have closed her business, she'd already planned to down-size to just more than a dozen dogs by next year.
"I'm getting too old for this," she said.
However, Payne-Cyhanick said she feels compelled to fight the convictions because of state statutes for commercial dog breeders that she labeled "vague and confusing." She said her appeal is an attempt to prevent other dog breeders from having to experience the legal woes she has encountered.
So far, Payne-Cyhanick said she's given away all but nine of her dogs, but said Monday's court decision will probably result in some of the remaining animals having to be "put down."
Payne-Cyhanick said one of the dogs is a biter, and said another is a 13-year-old "Peek-a-Poo" whose only home has been the kennel after an effort to place the dog in a home several years ago failed. A third 11-year-old dog "trusts no one," she said.
"These dogs were healthy and happy here," Payne-Cyhanick said. "Now some are going to die because they can't be here." | Source: newsleader.com - Dec 21, 2010
Update posted on Dec 21, 2010 - 10:56PM |
A Staunton dog breeder convicted last week of 50 charges is again being investigated by city authorities after a puppy recently purchased at Rainbows End Kennel died from Parvo, a highly contagious canine virus, court records show.
A woman told police she spotted an Internet ad in mid-November for Pomeranian puppies at the National Avenue kennel owned by Jean Payne-Cyhanick. When the woman visited the kennel, she said the puppy was caged with several others dogs. The woman said she instead bought a Pomeranian-mix, which she said was vaccinated by Payne-Cyhanick. Shortly after buying the dog, the animal began vomiting and later died, according to a search warrant.
On Wednesday following a three-day trial, Payne-Cyhanick was found guilty in Staunton Circuit Court on 50 misdemeanor charges of keeping inadequate records, animal cruelty, inadequate care, selling premature puppies and a commercial dog breeder possessing more than 50 dogs. A judge has given her 90 days to liquidate her entire inventory of dogs. Payne-Cyhanick also was fined nearly $5,000.
No additional charges have been filed against Payne-Cyhanick. | Source: newsleader.com - Dec 6, 2010
Update posted on Dec 6, 2010 - 11:17PM |
A jury effectively shut down a Staunton breeder's kennel operation Wednesday after finding the owner guilty on 50 misdemeanor charges, ending a three-day trial that came to a contentious conclusion.
"I can't even believe what has happened to me," said Jean Payne-Cyhanick, her voice choked with emotion as she spoke to the court.
"This is where you're supposed to come and get justice. Remember, what comes around goes around. I curse each and every one of you."
Payne-Cyhanick, 64, came under fire last summer following a year-long investigation of her kennel on National Avenue in Staunton.
In June, a state veterinarian found several dogs at the kennel suffering from eye problems and gum disease. Numerous record-keeping errors also were discovered, along with allegations that Payne-Cyhanick sold two underage puppies.
In July, a grand jury indicted her on 69 charges. Two of the charges were thrown out during this week's trial.
After about two hours of deliberations, on Wednesday the jury convicted Payne-Cyhanick on 34 charges of keeping inadequate records, seven charges of animal cruelty, six charges of inadequate care, two charges of selling premature puppies and a single charge of being a commercial breeder having more than 50 dogs.
The jury found her not guilty on 17 charges of inadequate care. She was fined $4,850.
With the convictions, Circuit Judge Humes J. Franklin Jr. ordered that Payne-Cyhanick vacate ownership of her remaining dogs without selling them, but allowed her to keep four dogs and three cats.
Payne-Cyhanick has 90 days to comply with the judge's order.
Given a chance to address the court before sentencing was announced, Payne-Cyhanick said she felt "run over" by the judicial system and the breeder laws that changed in January 2009.
"This has been a travesty," she said. "I'm guilty of nothing."
A main point of contention during the trial was how many female breeding dogs Payne-Cyhanick actually owned when charges against her were leveled.
Had she owned less than 30 she would not have been considered a commercial breeder by law, and about three dozen charges could have been dismissed.
Evidence showed she had exactly 30 female breeding dogs, including a pregnant dog owned by her daughter that was at the kennel for two months beginning in May.
Assistant prosecutor Jeff Gaines convinced the jury that the dog was at the business for the primary purpose of breeding, despite defense testimony to the contrary.
"That one dog was about 34 charges," said defense attorney Tate Love.
Love said an appeal of the convictions will be discussed with Payne-Cyhanick in the near future. | Source: newsleader.com - Dec 2, 2010
Update posted on Dec 2, 2010 - 11:21AM |
A jury trial has been set for Jean Payne-Cyhanick, 64, of Staunton, for November.
Payne-Cyhanick faces 69 charges, including inadequate care, animal cruelty, record keeping violations and selling underage puppies.
A Staunton grand jury indicted Payne-Cyhanick on July 19 after the a state vet finished an investigation into her kennel, formerly known as Rainbow’s End. | Source: News-Virginian - Aug 7, 2010
Update posted on Aug 9, 2010 - 3:39AM |
Ever since Staunton annexed county land in 1987, embattled kennel owner Jean Payne-Cyhanick said Tuesday the city has been trying to force her out of the dog-breeding business for the past 23 years.
"That's when the trouble started," Payne-Cyhanick said.
On Monday, based on evidence presented by an animal control officer with the Staunton Police Department and an assistant city prosecutor, a Staunton grand jury indicted the owner of Payne Kennel (formerly know as Rainbow's End Kennel) on 69 misdemeanor charges that allege inadequate care of her animals, record-keeping problems and animal cruelty.
"They do not want a kennel of this size in the city," Payne-Cyhanick said. "They do not want anybody breeding dogs."
Payne-Cyhanick, 64, breeds pomeranians, chihuahuas, Yorkshire terriers and "designer dogs." At last count, she had 43 animals at the kennel.
"I love my dogs," Payne-Cyhanick said. "They're my life."
The dogs are kept in six pens that vary in size; one is 50 by 50 feet, another 160 feet by 20 feet. Two of the smaller pens measure 20 feet by 10 feet. There also is a nursery with 14 pens for pups. The pens, which are situated close together in Payne-Cyhanick's backyard, are mostly made of wood and wire and lack the somewhat sterile feel of a more modern facility.
"I don't like the 'rabbit-pen' kennels," Payne-Cyhanick said. "These dogs are living in a more natural environment."
The dogs have paths of grass to roam on and the pens are equipped with heaters. Dogs are provided food 24 hours a day along with water that's changed daily, according to Payne-Cyhanick. Water pans are bleached every other day. The dogs are sold to the public for anywhere from $200 to $650. Payne-Cyhanick does not have a license to sell to pet stores.
Throughout the years, Payne-Cyhanick, who has owned the kennel since the early 1980s, said she's had visits from city officials, animal control officers, representatives from the Society for the Prevention of Cruelty to Animals and People for the Ethical Treatment of Animals.
"I've always said, 'tell me what it is and I'll fix it,'" she said. "That's not to say I haven't had a problem or two. We're dealing with animals and I'm a human being."
One of those problems admittedly took place in May when Payne-Cyhanick said she sold an underage puppy barely more than five weeks old. By law, breeders must wait until the pup is seven weeks old before selling.
"I have dyslexia. I counted off the weeks on the calendar and I miscounted," she said. "I'm sorry. I made a mistake."
Payne-Cyhanick blamed a number of personal problems for the error and said she was under an enormous amount of stress at the time. In February, her ex-husband, David Eaton, was convicted of child molestation charges and eventually sentenced to 25 years in prison. A month later, a grandchild was stillborn. On May 17, Payne-Cyhanick's 30-year-old son committed suicide.
To compound the problem, Payne-Cyhanick said the man who bought the underage puppy refused to return it, and Payne-Cyhanick said she was bullied into giving him a second underage pup free-of-charge for his troubles. A complaint was then filed against her, resulting in two indictments for selling underage dogs.
As for her record keeping -- more than half of her charges are for inadequate records -- she's not quite sure what the 36 charges entail. Payne-Cyhanick said she typically stops adult dogs from breeding at 6 years of age and sells them. She freely admitted she didn't track where the dogs were sent to once sold.
Payne-Cyhanick also faces seven charges of animal cruelty, charges assistant prosecutor Jeff Gaines said were lodged when a state veterinarian found a handful of dogs at the kennel with eye problems and gum disease. Payne-Cyhanick said four of the dogs were treated or cleared by a Harrisonburg veterinarian. But she said she had to turn over three dogs to the city or face compounding fines of $500 per dog per day until their medical situations were resolved.
"I could not take the risk," she said.
An additional charge alleges Payne-Cyhanick had more than 50 dogs at one point, also a violation for breeders.
Payne-Cyhanick came under fire in 2007 when a video produced by the Humane Society surfaced on the Internet following an investigation of seven Virginia dog breeders. In the video, Payne-Cyhanick was filmed trying to sell a puppy, deemed unhealthy by the Humane Society, at a reduced rate. Payne-Cyhanick said her comments to the investigator were taken out of context, but the bad press from the video forced her to change the name of the business from Rainbow's End Kennel to Payne Kennel.
Payne-Cyhanick's daughter, 28-year-old Misty Loveless, said the current charges against her mother are over the top. "She's not trying to hide anything," Loveless said. "I think it's absurd."
Loveless said there have been countless nights where her mother has slept in a cot inside a pen to keep an eye on a sick dog. "She literally lives up there," she said, motioning to the pens sitting behind Payne-Cyhanick's home.
For her part, Payne-Cyhanick said she's not going anywhere and will fight the charges.
"I'm not rolling over and playing dead," she said. "I'm not new to this game." | Source: Newsleader - July 21, 2010
Update posted on Aug 9, 2010 - 3:39AM |
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