Case Details

Hoarding - 26 cats, one dog
Aurora, IL (US)

Date: Jul 2004
County: Du Page
Local Map: available
Disposition: Alleged

Alleged: Lynda Smith

Case Updates: 3 update(s) available

Case ID: 2857
Classification: Hoarding
Animal: dog (non pit-bull), cat
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Lynda Smith, accused of keeping dozens of malnourished animals locked in small cages, says she was coerced into a guilty plea on a charge of animal cruelty.

Smith, 63, returned to court Wednesday, Oct 20, 2004 - seeking to change her plea and proceed to trial on charges she kept 26 cats and one dog living in squalor at two Aurora homes.

Smith said she was "pushed" by her former attorney into accepting the deal with prosecutors in July. A Kane County judge sentenced Smith to two years of probation under an agreement that forbids the woman from owning animals.

Smith's new attorney said the woman's plea was a "result of coercion and duress" made under the belief she would otherwise not be able to present her defense and would be sent to jail.

"Mrs. Smith wants her day in court," said Brenda Covey, an attorney in the Kane County Public Defender's office.

Kane County Judge William Brady would not allow Smith to withdraw her plea Wednesday but said the woman could seek a new trial based on ineffective counsel. A court hearing on the matter is scheduled for next month.

In court papers, Smith wrote she was "not guilty of the charges as I was pushed into (the agreement)."

Her former attorney, Michael J. Noland, said prosecutors had offered a plea deal to Smith before he took on the case, according to court documents. Smith's previous attorney had failed to convince her to take the deal, but Noland was able to get her to agree, albeit "with much hesitation."

"Ms. Smith fully acknowledged her willingness to enter into the agreement while she was standing at the bench," Noland wrote. "She did, however, maintain her displeasure with the outcome of the matter once away from the bench."

Prosecutors said they would pursue felony charges against Smith if she did not agree to plead guilty to the misdemeanor charge.

At the time, the agreement was viewed as a possible resolution to a decades-old battle between Smith and the city.

She was charged last year after years of acrimony between Smith and the city over the animals and a cluttered house. Smith was fined $11,250 in property code violations in 1996 and paid some of it off until 2001. She also has outstanding debts of $425 and $110 related to city cleanups of her house.

The city is seeking foreclosure of Smith's home in the 800 block of George Avenue over $9,560 in property code fines from the 1996 case, but has offered to buy her home and waive the fines. Smith has rejected the offers to date.

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Case Updates

In a turn of events brought on largely by the election of a new Kane County state's attorney, Aurora resident Lynda Smith will not face felony animal cruelty charges.

On Nov. 30, former state's attorney Meg Gorecki said Smith faced a possible grand jury indictment after Judge William Brady vacated her July plea to misdemeanor animal cruelty because Smith never signed a waiver of her right to a jury trial on the day of her conviction. Gorecki left office Dec. 1.

The charges stem from Smith's possession of 26 cats and one dog in August and September 2003.

Debra Bree, Kane County assistant state's attorney, said Thursday that she "reviewed the case with John Barsanti, our new state's attorney, and we decided we're not going to take the case to the grand jury for felony charges.

"We've reviewed the evidence, the facts and circumstances of the case and we're just going to go ahead and proceed with a misdemeanor at this time."

Smith said Thursday that she was surprised with the news. "I'm not guilty," she said, "and I didn't understand how they could do that because I didn't kill animals."
Source: Chicago Tribune - Dec 10, 2004
Update posted on Dec 12, 2004 - 9:58AM 
Lynda Smith chose Tuesday to take a risk and face felony animal cruelty charges rather than agree to stay on misdemeanor probation.

Because of a legal complexity in the case against the Aurora cat collector, a Kane County judge ruled to vacate her earlier guilty plea because she never signed a waiver of her right to a jury trial. Smith entered a plea on misdemeanor animal cruelty charges in July and was sentenced to two years probation.

Smith, who lives in the 800 block of George Avenue, was seeking a new trial or vacating of her plea based on ineffective counsel and violation of due process. Instead, Judge William Brady said the case could not continue without a jury trial waiver.

Smith could have signed the waiver Tuesday and stayed on probation, but she chose instead to have the misdemeanor dropped. That means she will be facing a possible grand jury indictment next week on felony charges, which can carry a sentence of one to three years in prison with the possibility of probation.

"She feels like she's being accused of doing the worst possible thing, which is being cruel to an animal," said Brenda Covey, Smith's public defender. "And she just can't live with that."

"She's willing to risk going to jail to fight for her rights."

Kane County State's Attorney Meg Gorecki, who was personally handling the case on her last day in office, said the dismissal Tuesday was just a loophole that says nothing about the strength of the case. The new administration will continue to fully prosecute Smith, Gorecki said.

A bill of indictment will be sought from a grand jury as early as next week, she said.

"It's a legal technicality that has no legal bearing on the case whatsoever," Gorecki said. "The evidence in this case is rock solid."

Covey said she hopes to continue to represent Smith, but it will be up a felony judge in St. Charles whether to continue to allow a public defender. The misdemeanor case was being heard in Aurora branch court.

The state's evidence is questionable and can be challenged by veterinarian records and witnesses who have seen Smith take care of animals, Covey said. The prosecution has to prove an animal died because of Smith's lack of care or living conditions, she said.

The charges stem from a decades-long battle with the city of Aurora over the condition of Smith's home and her cat-hoarding habits. Charges were filed after animal care workers found her in possession of 26 cats, many of which had to be euthanized because they were in such poor health.

While Smith violated city law by owning so many animals, that alone is not grounds for animal cruelty charges, Covey said. In fact, the sick animals were found that way and being nursed back to health by Smith, Covey said.

With her earlier sentence vacated, Smith is once again allowed to own animals. She only desires to get back two of the cats she lost that are still alive, Covey said.

Smith, 63, is in poor health herself, suffering from asthma and Parkinson's disease. She was taken to the hospital by ambulance Tuesday during her court appearance after suffering an asthma attack.
Source: Beacon News - Dec 1, 2004
Update posted on Dec 1, 2004 - 1:34AM 
Smith was back in court Nov 5, in the latest chapter of her drawn-out fight with the city and angry neighbors who complain that the stench of her house and her habit of keeping dozens upon dozens of dogs, cats and stray animals has been an intolerable burden on the community.

Pushed by neighbors, the city has tried a number of tactics to curb Smith's behavior. They've issued thousands of dollars in fines for her unkempt property, charged her with crimes and barred her from being near animals. Most recently � in what officials say is a last resort and advocates decry is unfair � they've begun a process of foreclosing her house. At 9:30 this morning, she will be back in court on the foreclosure issue.

But the one thing that hasn't been daLast year, Smith was convicted of animal cruelty after the city removed about 30 cats from her house on the 800 block of George Avenue and her father's house on Smith Street. She has since been given a second trial based on ineffective counsel.

Smith was back in court Nov 5, in the latest chapter of her drawn-out fight with the city and angry neighbors who complain that the stench of her house and her habit of keeping dozens upon dozens of dogs, cats and stray animals has been an intolerable burden on the community.

Pushed by neighbors, the city has tried a number of tactics to curb Smith's behavior. They've issued thousands of dollars in fines for her unkempt property, charged her with crimes and barred her from being near animals. Most recently � in what officials say is a last resort and advocates decry is unfair � they've begun a process of foreclosing her house. At 9:30 this morning, she will be back in court on the foreclosure issue.

But the one thing that hasn't been done, said Jo Holzer, executive director of the Council on Disability Rights, is recognition that Smith has a disorder that needs to be treated.
Source: Beacon News - Nov 5, 2004
Update posted on Nov 9, 2004 - 1:05PM 

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References

Beacon News Online - Oct 21, 2004

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