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Case ID: 8361

Classification: Neglect / Abandonment

Animal: cat, dog (non pit-bull), bird (pet), rabbit (pet)

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Animals neglected - 9 animals found dead
Blooming Grove, PA (US)

Incident Date: Thursday, May 4, 2006
County: Pike

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: Danielle Alana Assante

Case Updates: 6 update(s) available

Nine animals were found dead in a "deplorable" house in a Pike County community development Thursday afternoon. State police said two dogs, three cats, a rabbit and a parakeet were lying among garbage and animal feces at 173 Butternut St. in Birchwood Lakes. �There are signs of abuse there,� said Wayne McCue, state dog warden with the Bureau of Dog Law Enforcement.

Mr. McCue said along with the dead animals, three dogs in �fair to poor shape� were rescued. He did not know the breed of any of the dogs.

A neighbor contacted Mr. McCue�s office on May 3, stating the homeowner had not been at the residence in about three weeks, he said. State police at Blooming Grove did not release the homeowners� names. They do not know the woman�s whereabouts, and neither does her mother, Mr. McCue said.

Police called the condition of the house �deplorable.� �It looks like the place is ransacked,� neighbor Linda Fanning said. �There�s garbage all over the yard and a living room couch upside down on the front porch. There�s even laundry and clothing on the porch. It�s disgusting.� The stench lingers to the nearby homes, she said.

Neighbors said a young couple moved into the home six months to a year ago and kept to themselves, but have not been around for nearly a month. �People have been there on and off, but there have been no signs of activity lately,� neighbor Donna Gates said. �I thought they moved out.� Neither women knew the homeowners� names.

Ms. Fanning said the woman told her about six months ago that she was involved in animal rescues. �She didn�t seem like the type to just leave her animals,� she said. �She said she rescued one of her dogs from a shelter. All she talked about were the animals.�

Tina Walter, an officer with the Humane Society of Lackawanna County, said the couple could face misdemeanor charges. Anyone with information is asked to call state police.

Case Updates

On January 3, 2007, Danielle Assanate was fined $600.00 and given 90 days in jail. Initially, she was charged with five misdemeanors and five summary charges. Judge Kameen saw fit to drop two misdemeanors and found her guilty of the five summary (lesser) charges.

The maximum penalty for each of the summary charges for which she was convicted is a fine of up to $750 and up to 90 days in jail. Judge Kameen did not fine her the maximum for even one summary charge and sentenced her to jail time equivalent to one charge only.

Judge Kameen was elected in 2004 to a 10 year term and will serve another six years.

The Pike County District Attorney is Doug Jacobs. The Prosecutor on this case was Bruce DeSarro. The D.A.'s office did not recommended that counseling and a restriction/prohibition on future ownership be part of the sentencing. It does not appear there will be any probation for Ms. Assante either.

When advised that some animal advocates would be sending letters to the D.A.'s office so they could be presented to the Judge at the time of sentencing, the D.A.'s office told animal advocates that they would not accept the letters "because there was no victim". The D.A.'s office advised any correspondence should be sent to the Judge directly, despite the fact that the Judge could not legally read any of this type of correspondence.

Update posted on Jan 8, 2008 - 12:40AM

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Court contact information on this case is as follows:

Case # 240 - 2006

Pike County Court of Common Pleas
412 Broad Street
Milford, PA 18337
Phone: 570-296-7231
Fax: 570-296-6054

Prosecutor:
The Honorable Bruce DeSarro
506 Broad Street
Milford, PA 18337
Phone: 570-296-3482
Fax: 570-296-3559

Judge:
The Honorable Joseph Kameen
412 Broad Street
Milford, PA 18337
Phone: 570-296-3556
Fax: 570-296-6054

Source: Pike County Case # 240 - 2006
Update posted on Oct 9, 2007 - 11:00PM

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At the August 13 bench trial, Assante was charged with 5 misdemeanor counts and 5 summary charges. The trial was held before Pike County Court Judge Joseph Kameen. Ms. Assante offered no defense and did not testify. According to animal advocates attending the trial, Assistant District Attorney Bruce DeSarro did an excellent job prosecuting the case, and met his burden of proof. Despite this, Judge Kameen found Ms. Assante not guilty of the 5 misdemeanor counts of animal cruelty. He stated in his opinion he did not believe she intended for the animals to die! Therefore he found her not guilty of the misdemeanors. He did find her guilty of the 5 summary charges of animal cruelty. He ordered a pre-sentencing background investigation to be completed before she is to be sentenced on Oct. 18th at 9:30 A.M. in Pike County Court of Common Pleas located at 412 Broad St., Milford, Pa. 18337.

We are asking for people to attend the sentencing hearing in this case. She is facing a fine of up to $750.00 and 90 days in jail on each of the 5 summary charges. Because County Court Judge Joseph Kameen already found her not guilty of the 5 misdemeanor counts, it would seem likely that he will not sentence Assante to any jail time whatsoever, despite the fact that Assante was a distinguished animal trainer, had previously worked at a veterinarian's office in Montague, N.J., and clearly had expert knowledge of how to care for animals. We are hoping that a large group of respectful supporters attending the sentencing will help Judge Kameen understand that Assante's blatant disregard for the lives and welfare of the animals under her care should not be tolerated, and that Assante should be given the maximum sentence allowable by law.

Update posted on Oct 7, 2007 - 1:21AM

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Danielle Assante was found guilty of the lesser five of ten 2006 animal cruelty charges against her at a Monday bench trial in the Pike County Court of Common Pleas.

After hearing testimony, Judge Joseph Kameen found Assante guilty of five summary charges and not guilty of five misdemeanor charges, all sub-sections of a Pennsylvania animal cruelty law.

The maximum penalty for each of the charges for which she was convicted is a fine of up to $750 and up to 90 days in jail. Sentencing will take place in Milford on Oct. 18 at 9:30 a.m.

Barry Heim, supervisor of the Pike County Humane Society said nine pet animals were dead and three were severely emaciated when he arrived at Assante�s house in Birchwood Lakes on May 24 of last year.

Heim had been called by one of Assante�s neighbors. He rescued the three still living animals which were taken back to the Humane Society�s shelter and nursed back to health. Assante had left the 12 animals with no food or water for three weeks.

During her three week absence last year she had returned to Birchwood to visit her boyfriend. �She didn�t even check on the animals,� Heim said. Her return was electronically verified by her �gate card� to get into Birchwood Lakes for the visit, he said.

On Monday, Randolph Borden, Assante�s attorney blocked the open reading of all the evidence in court, although Judge Kameen did read it, Heim told the Courier.

In August 2006, Assante was arrested by state police and charged with ten counts of animal cruelty. Borden then claimed Assante had suffered a nervous breakdown. �Her life was just falling apart and she was just running away from everything,� he said, following a hearing in Delaware Township.

�This office is respectfully and vehemently in disagreement with the decision Judge Kameeen rendered,� Pike County Assistant District Attorney Bruce DeSarro said Wednesday. DeSarro told the Courier that he believes the reason for Kameen�s decision was that it wasn�t clear that Assante did anything �intentionally.�

�I might as well just quit. Do I have to see someone kill an animal right in front of me to make a charge stick?� said Heim. He went on to say, �I�m going to be writing our state legislators asking them to redefine the law that covers situations such as this.�

Assante was a certified animal trainer according to a former employer. Now 22, she had been working with animals since she was 15.

Source: Pike County Courier - Aug 16, 2007
Update posted on Aug 29, 2007 - 2:08AM

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On August 13, 2007, the case involving Danielle Assante goes to trial. Ms. Assante is accused of letting nine animals starve to death in Pike County, near Milford, PA. Three were lucky enough to survive.

Assante, a professional animal handler left 12 animals in her Birchwood Lakes home for three weeks with no food or water. When Pike County Humane Society supervisor Barry Heim arrived, after being called by Assante's neighbor, he found nine dead animals, feces all over the home, no food, no water, and three other animals that were severely malnourished. He rescued the three living animals, which all survived.

Trial Info:
August 13, 2007 at 1:30 PM
Pike County Courthouse 412 Broad Street
Milford, PA 18337
(570) 296-7231

Update posted on Aug 6, 2007 - 8:24AM

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A teary-eyed Danielle Assante sat in Delaware Township District Court on the morning of Aug 8, charged with animal cruelty resulting in the May death of nine animals left in her care.

Assante sat next to her attorney Randolph Borden with her head down throughout the 15 minute hearing. Judge Stephen McBride told her, �Based on the evidence given to me, there was a crime committed.�

She waived her right to a preliminary hearing in favor of a jury trial in the Court of Common Pleas in Milford at a later date. She was released on her own recognizance.

Assante, a professional animal handler left 12 animals in her Birchwood Lakes home for three weeks with no food or water. When Pike County Humane Society supervisor Barry Heim arrived, after being called by Assante�s neighbor, he found nine dead animals, feces all over the home, no food, no water, and three other animals that were severely malnourished. He rescued the three living animals, which all survived.

Sandy Ver Sprill, director of the Andover, N.J., Golden Rule School For Dogs, was one of seven witnesses in the waiting room of the District Court. Ver Sprill said she has known 21-year-old Assante since she was 15 and that Assante received her animal handler training under her supervision.

�She was a natural with animals. We received many compliments about her and she was my �in home instructor�. She was great with aggressive animals,� Ver Sprill told the Courier.� She continued, �There is a huge dog world that is very unhappy with her right now.�

Rob Losey, Assante�s former boyfriend, left two of his dogs with her while he looked for a place to live after Assante asked him to leave her home. �One day she just told me to get out,� said Losey. A few weeks after leaving Losey said he received a phone call from a friend who told him one of his dogs, a pit bull named Precious, had died but his Rotweiller named Madison was still alive. He was in the court as a witness and supporter of the Pike County Humane Society.

Assante�s father escorted her to the car as tears streamed from her eyes following the hearing.

Outside the courtroom, Borden said, �The real issue here is why the defendant acted in this manner. Was it intentional or was it something beyond her control? She had a nervous breakdown. Her life was falling apart. She was just running away from everything.�

Heim wasn�t moved. �She can turn the tears on at will. She did that for two hours when she was charged at the Blooming Grove Police Barracks. I knew that would be her defense and I hope it doesn�t work,� he said. He also stated that during her three week absence she had returned to Birchwood to visit her new boyfriend but did not check on the animals. This was documented because she had to use her �gate opener card� and use of the card was recorded.

�All she had to do was call us and we would have helped her. There is no excuse for letting nine animals die,� Heim said.

Source: Pike County Courier - Aug 11, 2006
Update posted on Aug 13, 2006 - 1:44PM

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References

The Times-Tribune - May 5, 2006

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Animals neglected - 9 animals found deadBlooming Grove, PA (US)

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Animals neglected - 9 animals found dead
Blooming Grove, PA (US)