Jerry and Sherry Schmidt remain free on $1,000 bail each while they prepare for a possible October 2004 trial. The Schmidts are facing 35 counts including animal abuse, animal neglect, and illegal breeding. They will return to court in September 2004.
Nearly two dozen dogs were rescued July 9 from the Schmidts' property in Hannibal and are now recovering in foster homes, according to Jamie Avery, Hannibal Dog Control Officer.
The 23 dogs were found abandoned in a house in Hannibal. Some of the dogs were reportedly lying in their own feces.
It is alleged that the dogs' puppies were being sold for hundreds of dollars to unsuspecting customers.
The dogs were different breeds and sizes, from Great Danes to miniature poodles, Avery said. Two of the dogs have reportedly given birth since then.
The Schmits claimed they are not monsters and that they want their animals back. They claimed it was no different than if they were dairy farmers.
Some of the dogs were in serious condition, suffering from heart worms, Theresa Penfield, an OCAWL spokesperson noted. They have been receiving medicine and are improving, she added.
Also, Spicer would like anyone who purchased an animal from the Schmidts to contact her at 343-1737.
"All of the dogs are in foster care around the county. They have been checked at the vet's," said Judith Spicer, president of the Oswego County Animal Welfare League. "Anyone who'd like to donate to the cost of caring for the canines can contact OCAWL at: P.O BOX 4, Oswego, N.Y., 13126."
OCAWL is billing them for caring for the dogs, Sherry said, adding the bill is in the thousands of dollars already. Case UpdatesMore than two years after an alleged puppy mill was discovered in Hannibal, the Oswego County Animal Welfare League (OCAWL) wants answers.
�It hasn't gone to trial yet. We want to know why,� said Natalie Woodall of OCAWL.
The story broke in July 2004, when 23 puppies and adult dogs were found at 525 County Route 21 in dirty cages and crates, without water, with little food, and with infections, worms, fleas and lice.
OCAWL officials called the setup a �puppy mill� - a business in which animals are bred as many times as possible for profit.
Jerry and Sherry Schmidt, owners of the house and animals, were out of town when OCAWL investigators discovered and took the dogs. The Schmidts claimed they had hired people to care for the dogs while they were away and they denied running a puppy mill.
�Our dogs are our lives. We are a childless couple who love our dogs like they are our own kids,� Jerry Schmidt said shortly after the dogs were discovered.
In August 2004 they were charged with several counts of animal abuse, illegal breeding and inadequate shelter, and were told a trial would probably take place that October.
Hannibal Town Court clerk Joan Dennison said Monday the case is still pending.
�We're waiting for the attorney and the district attorney's office to get a settlement through. Hopefully a settlement will be made in the near future,� she said.
OCAWL vice-president Joanne Paino said the settlement will call for the Schmidts to sign the dogs over to OCAWL. �And I believe they won't be allowed to own animals for a year,� she said.
�The saddest part,� she continued, �is that we have several very ill dogs and we are not allowed to put them down.�
She explained that, because the dogs are under the control of the court, neither OCAWL nor the Schmidts can legally have any of them dogs spayed, neutered or euthanized.
The dogs are currently living in foster care. One Great Dane, Paino said, has already died.
Oswego County District Attorney Don Dodd referred questions to Assistant District Attorney Michael Cianfano. Cianfano and the Schmidts' attorney, Daniel Halloran III of Mineola, Long Island, did not return phone calls Monday seeking comment.
�We've spent thousands of dollars on these poor dogs. There's nothing like being in judicial limbo,� Woodall said. | Source: Palladium Times - Sept 12, 2006
Update posted on Sep 12, 2006 - 8:01AM |
Jerry and Sherry Schmidt continue to deny allegations of animal abuse Tuesday, even as their case was sent back to where it started. Oswego County Judge John Elliot on Monday denied an appeal to hear the case in county court.
The Schmidts were charged July 9, 2004, after 23 dogs were removed from property they own at the intersection of county routes 21 and 36 in Hannibal Center. They face nearly three dozen counts relating to animal abuse, animal neglect and illegal breeding.
The couple sold puppies kept at the property, and Jerry Schmidt has maintained the care the animals received was good. He said he has receipts for food and veterinarian bills to back up his case.
Authorities, however, described the operation as a "puppy mill" and allege the dogs were found living in inadequate conditions at the abandoned building where they were seized.
Officials with the Oswego County Animal Welfare League have indicated that some of the animals were seriously ill. All of the dogs were placed in foster homes, according to the town's dog control officer.
The Schmidts have been free since posting bail shortly after turning themselves into police last summer.
Jerry Schmidt has said that when the dogs were seized, the couple was in Florida preparing for a move to Cato.
"You only have the right to appeal after final actions, convictions. Except for two issues, one if you are the "People" and you've lost a suppression hearing or, two, is if there is a removal proceeding (moving a case from a local to superior court)," Daniel Halloran, the couple's attorney, explained.
The Schmidts have retained the attorney since late December 2004.
"There are several issues at play here", he said.
There are issues about the search warrant and written material in the possession of the prosecutors that should be turned over to the defense and wasn't, he pointed out.
"It's not the fault of the (prosecutors). It's because the OCAWL people failed to turn it over to them," he said.
The judge denied the part of attorney's request that said the case "must" be moved, citing it wasn't within 30 days of the arraignment.
"As far as I am concerned, they have never been properly arraigned on the charges," Halloran countered. "They were entitled to have a lawyer at arraignment, which never happened. I never stood up and said I waived the public reading of the rights and the rights contained there under and entered a plea. And, they weren't competent to do that. So, in theory, they have never been arraigned."
The other part of his appeal dealt with the part of the statute that said a judge "may" take jurisdiction. Elliot, however, chose not to exercise that option.
"So now we're going back to Hannibal Town Court. And, we're going to have to have a trial," Halloran said.
Three things could happen. One, the judge could direct a verdict of not guilty based on the law, which is unlikely, Halloran said. Or the jury could acquit or convict.
When you're dealing with an A misdemeanor, each charge could bring a one-year sentence; the Schmidts are charged with 26 counts, Halloran pointed out. | Source: Oswedo Daily News - June 1, 2005
Update posted on Jun 2, 2005 - 10:28PM |
Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
Back to Top References | oswegodailynews.com |
« Back to Search Results
« NY State Animal Cruelty Map
|
