North Penn Puppy Mill Watch

08-29-08 -- Town Hall Meeting & Memorial in Chambersburg, PA
Advocates of Cumberland County

Join advocates and members of the community as they memorialize the deaths of the 80 breeder dogs and puppies who were first exploited and then slaughtered by puppy millers Elmer and Ammon Zimmerman in an attempt to cover up crimes of alleged animal abuse, cruelty and neglect at their farm in Berks County.

Learn more about the "Puppy Mill Bills" - HB-2525 and HB-2532 and why this legislation is needed in Pennsylvania.

WHEN:      Thursday, September 4 at 7PM

WHERE:    Franklin Street Fire Hall, 158 West King Street, Chambersburg, PA

For additional information, click HERE


08-29-08 -- Humane Officer Testifies in Cat Case
By:  Matt Carroll, The Derrick

On the surface it seems like a kitty custody battle, but a Venango County court case may have larger implications for the Pennsylvania Society for the Prevention of Cruelty to Animals.

A PSPCA animal control officer admitted in court Thursday to overstepping her authority when she removed six cats on July 10 from the Plum Street residence of James and Janeen Duff in Oil City.

A gaggle of lawyers and a pack of current and ex-PSPCA employees joined the Duffs in a crowded courtroom Thursday afternoon for a motion to return the surviving three animals to the couple.

During the proceedings, cruelty investigator Tammy Kerr told President Judge Oliver Lobaugh she was not a legal humane society police officer in Venango County when she confronted the Duff's about the cats.

Kerr, along with another officer, cover the western half of that state for the PSPCA. While she has been sworn in to work in eight counties, Kerr said she is assigned cases in 20 others.

"I was under the assumption that I was a humane society police officer across the state," Kerr explained on the stand.

She couldn't identify a superior at the PSPCA who told her this, but added that it was a "general understanding," and how she was trained.

Kerr began working for the PSPCA in June, and has since raised questions about how the organization operates.

"I was hired to investigate crimes, not just rescue animals," she after the hearing. "Before all this came about I would have acted like I was sworn in, like a police officer. That's what I would have been expected to do."

PSPCA officials denied asking staff to participate in illegal activities in a release issued Wednesday.

"We never ask our officers to act as officers in counties where they are not sworn and registered," said Howard Nelson, PSPCA chief executive officer. "In those counties, they are answering calls as rescue agents - which is legal."

Defense attorneys John Lackatos, Michael Hadley and Robert Martin attempted to show Kerr overstepped the role of a rescue agent when she confronted the Duffs wearing uniform and badge with Oil City police officers in tow.

At the start of a clearly complex case, assistant district attorney William Martin argued that the matter would be more appropriate for a civil trial.

Lobaugh said he would hear the facts because police were present and issued a case number when Kerr removed the animals.

Attorney Chad Rosen, representing the PSPCA, attempted to show that the animals were contraband and removed from the home because of health concerns.

Kerr did not seize the six cats, including three kittens, as the Duffs agreed to release the animals and signed to authorize the removal.

Kerr testified to the deplorable conditions of the home and the poor conditions of the animals were explained by PSPCA veterinarian Rachel Lee, of Philadelphia.

Two kittens removed from the home died before arriving in Philadelphia for treatment and another kitten died shortly after, Lee said.

After the hearing, Kerr expressed concern that the PSPCA sends officers into potentially dangerous situations as rescue agents - without the power of an officer.

"If (this) saves one officer's life, then it was worth it," she said. "Because it's going to happen - someone is going to get hurt by the inadequacies of the PSPCA."

PSPCA officials declined to comment Thursday night, because the hearing is on-going.

Lobaugh is scheduled to decide today whether the surviving three adult cats should be returned to the Duffs.


08-29-08 -- Woman Violates Dog Law Probation - Dogs to be Removed
By:  Susan Lindt, Lancaster Intelligencer Journal

A state dog warden's keen eye landed an Earl Township dog breeder with a history of animal cruelty back in court Thursday.

In September, when Paula Hutchinson, owner of the now-defunct Hutchinson Kennel at 329 Redwell Road, New Holland, faced five counts of animal cruelty and 11 violations of state dog laws, she made a plea agreement and avoided harsher penalties.

Part of the agreement reached last year in District Judge Rodney Hartman's New Holland court was that she would forfeit all but 16 of her dogs and not acquire any additional dogs, through breeding or any other means, for 18 months. In addition, Hutchinson's license to operate a breeding kennel was revoked by the Bureau of Dog Law Enforcement, essentially putting her out of business.

But during a recent routine inspection of a Lehigh County pet shop, a state dog warden familiar with Hutchinson's case was shocked to see Hutchinson's name on the breeding record for a puppy at the Fogelsville shop.

On Thursday, Hutchinson's attorney, Cory J. Miller, said his client was not back in the breeding business, but she did violate her probation by signing the puppy's paperwork to help out a friend.

"There was no legitimate explanation for what she did," Miller said. "It was a terrible decision."

Miller said Hutchinson could have been jailed for more than 500 days for violating her probation, which could have exacerbated ongoing health conditions she suffers.

Instead, Miller and dog-law bureau prosecutor Jeff Paladina reached an agreement Thursday that was approved by Hartman.

Under the agreement, Hutchinson will forfeit six dogs that she owns, she must dismantle all dog kennels on her property by Sept. 28, she is subject to random inspections by cruelty officers and state dog wardens to ensure that she has no dogs on her property aside from two nonbreeding dogs owned by her husband and she may not own or acquire any dogs for the next 18 months.

Paladina said given the risks that always come with litigation, the agreement was a fair compromise for Hutchinson's case of violating her probation on summary offenses.

"There are always risks with litigation," Paladina said. "And we're getting six animals out of that situation. The dog wardens and the Humane League (of Lancaster County) were all in agreement that this was the best thing."


08-28-08 -- Dog Euthanized After Apparent Shooting
The Daily Courier

An 11-month-old husky had to be euthanized early Wednesday, after the dog apparently was shot while tied up in the Uniontown yard of its owner.

According to city police, Patrick Stewart of 8 Douglas St. said there were no witnesses to the shooting, which occurred sometime after 1 a.m. The incident was reported to police at 3:42 a.m.

Police said the female dog was shot from behind with a medium- to large-caliber round, which entered into the back of her neck and exited through the front. The dog was still breathing when police arrived, and officers contacted the Fayette County SPCA.

The dog could not be saved.

Jamie Speelman, humane police officer with the SPCA, said the shooting was being investigated.

"The dog apparently suffered a severe neck wound from a possible gunshot injury," Speelman said.

The agency is looking for any information the public might provide about the incident. The SPCA can be reached at 724-438-3121.


08-28-08 -- Galloway Amends Dog Bill
By:  Gema Maria Duarte, Bucks County Courier Times

State Rep. John Galloway, D-140, wants to clear any confusion.

His proposed dangerous dog bill, which would allow municipalities to create their own dog ordinance, isn't targeting any specific breed.

To make that clear, Galloway amended the bill Tuesday to prohibit municipalities from banning specific breeds in their ordinances.

“My intent with this legislation has always been to give communities the ability to take their own actions with respect to irresponsible owners of dangerous dogs. It was never my intent to allow communities to ban dogs depending on their breed,” Galloway said. “That being said, some have misinterpreted the bill and thought it would open the door for breed specific bans. I have amended my bill so that will not be allowed to happen.”

Now that the changes have been made, Galloway is hoping that animal activist groups will support the proposed legislation that's being reviewed by the House Agriculture and Rural Affairs Committee.

A Pittsburgh-based pit bull activist group, Hello Bully, has collected signatures from state residents for a petition against the bill.

“Breed Specific legislation judges dogs based on breed or physical appearance — not action or temperament. It targets large groups based on the actions of a few. ... Pennsylvania has dangerous dog laws that protect us from dogs who are vicious or aggressive,” reads the petition.
 
The paper was unsuccessful in reaching representatives from Hello Bully. The Humane Society of the United States had not reviewed the changes as of late Wednesday.

Pennsylvania has a three-strike policy that allows pets to be returned to their owners after two attacks unless a dog kills or grievously injures a person.

“In some instances, irresponsible owners of aggressive dogs do not take the necessary steps to keep them contained,” Galloway said. “Pennsylvania is a very diverse state and what may work in one community to contain dangerous dogs may not work in another.”

The state representative introduced the bill after a Bristol beagle, Luna, was attacked by an unrestrained neighborhood pit bull in February. The dog was being walked by a 5-year-old girl and her uncle when the attack happened. The beagle underwent numerous surgeries that left her family with a $2,321 veterinarian bill.


08-27-08 - West VA Puppy Mill Case Offers Lessons for PA Legislators, Consumers
Representative James E. Casorio, Jr. (D) Westmoreland

FOR IMMEDIATE RELEASE


HARRISBURG, Aug. 27 – State Rep. James E. Casorio Jr., D-Westmoreland, said the difficulty animal rescue groups will have in finding homes for more than 900 dogs rescued from a West Virginia puppy mill over the weekend is yet another reminder why Pennsylvania lawmakers should pass legislation that would significantly bolster the state's ability to shut down similar puppy mills in this state.

According to a Pittsburgh Post-Gazette article on the weekend raid, rescue groups said finding homes for the 927 dachshunds that were rescued from the Internet-based breeding facility in West Virginia may take several months because of the dogs' breed, the fact that they are unfamiliar with and frightened of humans, and because of the physical problems some of them have. Many of them may not be able to be placed at all.

"In this case, the kennel owners simply had too many dogs to take care of properly," Casorio said. "The dogs were kept in small, wire-mesh cages in eight different buildings on the property, and one of the sheriff's deputies involved in the raid described the odor at the facility as 'horrendous.' The fact that the kennel was raided because the EPA found evidence of fecal matter in surrounding bodies of water indicates that the conditions these dogs lived in must have been completely unsanitary."

Casorio said that means people, pet shops and other groups that purchased dogs from the kennel risked obtaining animals that were not only "snappy," "not friendly," and "scared to death of everything," as one rescuer involved in the raid put it, but also potentially diseased.

"Unfortunately, we've seen evidence over the past several weeks that similar conditions, or worse, continue to exist at large commercial kennels in Pennsylvania. Under the state's current law, many of these conditions are completely legal, and the ones that are not are hard to document and punish. The current law makes it extremely difficult to protect dogs and consumers from the irresponsible owners of these large breeding facilities."

Casorio is sponsoring legislation (H.B. 2525) in the state House of Representatives that would improve standards for the care, safety and sanitation of dogs in large, commercial breeding kennels in Pennsylvania. The bill has nearly 100 Democratic and Republican co-sponsors in the House, and was approved by the House Agriculture and Rural Affairs Committee in June. A full vote in the House was blocked in July, however, when a handful of Republican legislators filed scores of last-minute amendments to the bill.

"Every time one of these incidents happens in Pennsylvania or other states with a puppy mill problem, the people that have to rescue the dogs and find homes for them talk about how difficult it is to shut these operations down," Casorio said.

"My legislation would make it much easier to do that in Pennsylvania without impacting smaller kennels, sporting dog groups and individual dog owners. Passing my legislation would not only spare the suffering and destruction of thousands of dogs, but also protect consumers who unwittingly purchase the damaged dogs bred in these kennels."

Casorio said residents in Pennsylvania can help address the state's puppy mill problem by only adopting dogs from humane agencies and rescue shelters. Casorio also advocates contacting state representatives and senators to urge passage of H.B. 2525 when the legislature returns to session in a little over two weeks.

More information about H.B. 2525 is available at www.agriculture.state.pa.us/doglawaction.

CONTACT: Michael J. Herzing
House Democratic Communications Office
Phone: 717-787-7895
Email: mherzing@pahouse.net


08-26-08 -- PSPCA Statement on Law Enforcement Operations
Pennsylvania Society for the Prevention of Cruelty to Animals

Philadelphia, August 26, 2008—“The PSPCA is disappointed that the Pocono Record would use the misinformation of disgruntled former employees as the basis of the article, ‘Humane Officers Routinely Sent to Work in Counties Where They are Not Sworn In,’ which appeared in the paper’s August 26 edition,” said PSPCA CEO Howard Nelson.

“The claims made throughout the article by two former PSPCA humane officers are desperate attempts to undermine the integrity of our humane agents and our organization and is a mockery of the valuable, life saving rescue work our agents perform every day.”The PSPCA never asks its humane agents or staff to participate in illegal activities. “We never ask our officers to act as officers in counties where they are not sworn and registered,” said Nelson. “In those counties, they are answering calls as rescue agents—which is legal.”

James and Janeen Duff are animal hoarders. Animal hoarding is a sign of mental illness—in the Pocono Record article, Robert Martin, the Duff’s attorney, acknowledges that the Duffs “have emotional problems.”

“The Duffs could not care for their animals. They realized this and willfully surrendered them to the PSPCA,” said Nelson. “Unfortunately, two of the cats were in such poor health when surrendered to the PSPCA that they died within hours.”

“The article, as written in the Pocono Record, presents just one side of the story—unfounded claims presented by two former employees whose employment records show that they were not able to fulfill the job requirements of a humane officer,” said Nelson.

“The PSPCA’s law enforcement unit has a great reputation across the state and has received more than 8,000 calls regarding animals in need this year,” said Nelson. “It is unfortunate, but no surprise that two agents who were not meeting their assigned, legal job duties are trying to tarnish the impeccable record of the PSPCA law enforcement team by commenting on this one case. It is unfortunate that the Pocono Record has played into this attack on our organization from disgruntled and biased former employees.”

Former PSPCA Humane Agent Reba McDonald’s work quality was questionable. “She did not report to court when subpoenaed and she continually did not record her case records in our computer system,” said PSPCA Chief Programs Officer Elaine Skypala. “We have given her ample opportunity to present us instances where she felt she was treated wrongly or asked to conduct herself in an unethical manner. These requests have gone unanswered because Reba McDonald’s claims are unfounded.”

Former PSPCA Humane Officer Chris Martin refused to participate in a legal undercover investigation, for which he was going to be compensated by the PSPCA for gas for using his own unmarked car. “The PSPCA’s director of law enforcement, as well as an outside attorney and assistant district attorney all confirmed that this investigation was legal,” said Skypala. “Despite knowing this was a legal operation, Chris Martin refused to do his job.”

The email from Nelson reported in the article at “damage control” was taken completely out of context, as were the call logs of a current PSPCA agent.

“That email was written before the motion was filed in the Duff case,” said Nelson. “It was sent to clarify policies—which is one of my duties as CEO. It was in no way sent to ‘cover up’ any actions, as the article implies. Furthermore, regarding the case assignment of an agent not sworn in Monroe County, this is perfectly legal. He has the authority to act as animal rescue.”

Added Nelson, “The PSPCA has thousands of supporters across the state that recognize the difficult job we fulfill to save animals in need and to find loving adoptive homes for these animals. Many of these supporters are from Monroe County, as witnessed in recent blog postings on the Pocono Record website regarding another article."

The Pennsylvania SPCA is dedicated to rescuing animals from abuse and neglect, providing lifesaving care and treatment, guaranteeing a home for every adoptable animal, and reducing pet-overpopulation through low-cost spay-and-neuter clinics and public awareness initiatives. Through these efforts, we prevent cruelty towards animals and promote respect for their welfare, thus enhancing the lives of people and their companion animals throughout the state of Pennsylvania. Headquartered in Philadelphia, PSPCA has six satellite shelters in Wellsboro, Centre Hall, Danville, Stroudsburg, Shippenville and Montrose. The Philadelphia branch houses a full-service animal hospital, obedience training academy, adoption facility and the PSPCA Law Enforcement Department, which is responsible for enforcing Philadelphia and Pennsylvania animal cruelty laws. For more information, call 215-426-6300 or visit www.pspca.org.


08-26-08 -- Court Orders 14 Dogs and Cat Forfeited
By:  Tammy Compton, Wayne Independent

“The dogs won, that’s the bottom line. And the cat,” said Pennsylvania Dog Warden Jim Rickert.

SueAnn Wilke-Westbrook burst into tears Tuesday afternoon when Senior District Justice Joan Snyder ordered the former Honesdale woman to forfeit her 14 shelties and one cat. The court also forbid her from owning a dog within the next six years, in lieu of fines and costs.

Pennsylvania Humane Society Police Officer Marlene Metzger, who works for the Dessin Animal Shelter, had brought 25 counts of animal cruelty against Wilke-Westbrook. The charges stem from three different incidents between June and July. One of the incidents involved 10 of the dogs being seized from a metal self-storage unit on Commercial Street in Honesdale.

Warden Rickert had filed 31 dog law violations, 15 for not having rabies vaccinations, 14 for failing to have dog licenses, and two counts of making false statements to an officer for claiming to have dog licenses when she didn’t.

The Commonwealth was represented by Attorney Pam Wilson, while Wilke-Westbrook chose to represent herself in the animal neglect case. The Commonwealth offered six witnesses while the defense offered five. The five-hour trial was held in the Magistrate’s office at the Wayne County Courthouse.
   
“I do, have, and always will love my dogs,” Wilke-Westbrook said, following the verdict. “People were hired to help me, so I wouldn’t have neglected dogs. They would be groomed ...and taken care of. All I needed was a little bit of time to bring them down there (York, PA) and have a new life with my dogs. That’s the whole thing. It was not my fault to have the timing as it was.” She said her husband, Dan, who was helping to care for the shelties “didn’t know how to take care of the dogs.”

All 14 dogs and the cat will now be in the care of the Dessin Animal Shelter until they’re adopted. Metzger said they’re “highly adoptable” and that they already have people interested.

Ten of the dogs have been at the shelter since July 24 after being seized from the storage unit. During the trial, Wilke-Westbrook said she had no intention of housing the dogs at the storage unit, that she’d penned them in temporarily while she removed a dresser and filing cabinet from the unit. She said she didn’t have enough gas to leave her truck running with the air conditioning on for the animals. She said she worried about leaving them in her truck where temperatures could reach 95 to 105 degrees. Officer Metzger says a temperature reading taken inside the metal storage unit showed 83.1 degrees Fahrenheit. She also said the dogs were flea infested and had “feces caked on,” the same condition they were in two days earlier when observed crated in a garage in Beach Lake.

“Do you have any proof that I was going to leave those dogs in that storage unit?” Wilke-Westbrook asked. Officer Rickert said. “The dogs could not live in a storage unit; I was not going to let them.” As they removed the dogs, Officer Metzger said the fleas were so bad that they were jumping off the dogs and into their faces.

Wilke-Westbrook said she couldn’t put the flea medicine on the dogs until they’d been bathed. “I’m appalled at the condition my dogs are in, because that’s not the way I’d keep them.” She said she is very specific about how her dogs are to be cared for and the care they received from a friend hired in Beach Lake was not to her standard. The friend said she’d done the best she could, since she owns her own dogs and was going to school. Attorney Wilson said the dogs were Wilke-Westbrook’s responsibility because she was their owner.

Following  the trial, Senior District Justice Joan Snyder said the Commonwealth provided overwhelming evidence that the dogs were neglected. “I truly believe that [Wilke-Westbrook] came upon hard times and just could simply not care for the dogs any longer ...The deplorable condition of the cat and the fleas were also a major issue.”  


08-24-08 -- Oh What A Tangled Web We Weave
The Deception of Pennsylvania’s Dog Law
By:  Jenny Stephens, North Penn Puppy Mill Watch

Go ahead.  Shoot your dog.  Or your cat.  Or your horse.  Representative Dan Moul, (R) Adams County, thinks a bullet to the head is a befitting and humane death for beloved companion animals and, as most Pennsylvanians recently learned, it's even possible to mow down 80 dogs with bullets and experience no dramatic criminal repercussions.

Ever since Elmer and Ammon Zimmerman, owners of E&A and A&J Kennels in Berks County, shot and killed their 80 dogs sometime between Thursday, July 24 and Tuesday, July 29, questions about the law that makes this cowardly and inhumane act "legal" have surfaced.  Many have inquired as to why licensed kennel operators are permitted to legally shoot their breeding stock, believing that private citizens were prohibited from this same gruesome form of euthanasia, and if you think so too, think again.

In Pennsylvania it's perfectly legal to shoot an old, diseased or injured dog as well as a young and healthy frisky pup. No questions asked.  Thanks to Pamphlet Law #83 of 1983 (introduced as HB-350 of 1983) that was signed into law by then Governor Dick Thornburg, any person old enough to legally possess a firearm may decide at any time to end the life of their personally owned pet animal by putting a bullet in their head.

On the surface, this law appears outrageous, perhaps even irresponsible, but a closer look as to why this law was drafted in the first place reveals a scenario where animal loving elected officials were once again forced to choose between the worst of two evils. 

The original intent of then HB-350 was, first and foremost, to do away with decompression chambers that were indeed a most inhumane way to destroy unwanted pets and, in fact, by 1983 many states across the country had already outlawed this depraved and practically medieval contraption.   Alas, nothing legislative is simple in Pennsylvania's agriculturally driven general assembly. 

When push came to shove, the verbiage that permits the use of firearms to destroy pet animals by both humane society organizations and private citizens was used as leverage to outlaw the use of decompression chambers.  In other words, disallow the use of firearms and the legislation won't pass.  Quite the trade off.

If you've been following the attempts to revamp the state's Dog Law as it pertains to puppy mills, this tactic is all too familiar and underscores the power of an agricultural community that now encompasses commercial dog breeders and the Pennsylvania Veterinary Medical Association.  By banding together these farm and animal related special interest groups, and their lobbyists, have held hostage the will of the majority of Pennsylvanians who realize that the state's laws, especially as they pertain to dogs, are largely antiquated and ineffective.

One need look no further than to the tragic events that transpired in late July at a formerly state licensed commercial canine breeding facility in Maxatawny Township to realize what happens when the power of special interest groups over-influence publicly elected officials. 

Realistically, however, when it comes to the deaths of those unfortunate 80 dogs, there's plenty of blame, and questions, to go around.

For those of you who are not clear on who's who and what's what when it comes to authority over dogs in Pennsylvania, here's a crash course: there are two sets of laws - the Dog Law that is enforced by dog wardens and Section 5511 of the Crimes Code that is enforced by humane society police officers. 

When a dog warden encounters any animal who exhibits signs or symptoms of animal abuse, cruelty or neglect that warden has an obligation to contact a humane officer.  It is the responsibility of the humane officer to investigate cases of suspected abuse, cruelty or neglect and, if substantiated, press charges against and prosecute the alleged animal abusers. 

By law, licensed kennel operators must allow a dog warden access to their property however humane society police officers must have either an invitation from the property owner or a warrant to access that same property.

Sometime during the July inspection of Elmer Zimmerman’s kennel a humane society police officer was contacted by a dog warden and summoned to come to the property and here's where it starts to get really interesting. 

First of all, it's rare that a humane officer is called to a commercial breeding kennel for the purpose of evaluating
dogs during a routine kennel inspection.  Secondly, and most importantly, Section 5511 of the Crimes Code is clear: a dog need not be "near death" in order to exhibit signs of abuse, cruelty or neglect or to be deserving of the protections offered by state law.
 
According to the Reading Eagle, humane officer Allison Rudy remarked that she believes dog warden Orlando Aguirre would have alerted her had any dog in Zimmerman's kennel been "near death" but the crux of the issue is really this:

why would a dog warden summon a humane officer to a puppy mill in the first place if there wasn’t a situation that placed dogs in danger?

According to the newspaper account, upon arrival at the property humane officer Allison Rudy supposedly learned that Zimmerman's wife would not allow her to enter the kennel.  Someone, either the dog warden or the humane officer, had to advise Mrs. Zimmerman that if the dogs exhibited signs of abuse, cruelty or neglect that the possibility of filing criminal charges against her husband existed. 

Logically, there is but one reason why Mrs. Zimmerman refused to permit the humane officer to enter the very same kennel that the dog warden had just toured.  Hypothetically, shouldn’t the inability to have seen the dogs provoked enough suspicion about their safety to justify securing a search warrant so that entry would have been possible? 

Elmer Zimmerman opined openly to advocates who lingered at the conclusion of an August 15 candlelight vigil held to remember the lives of the 80 dogs whom he and his brother had recently slaughtered.  He was confused as to why the 2008 July inspection produced such a dramatically different and financially expensive outcome versus that of previous inspections especially when so many of the conditions noted during the current inspection had been present for years yet never had a single citation or financial penalty been issued.  

Zimmerman was apparently confounded when he was ordered to have 39 of his dogs seen by a veterinarian due to flea and fly bites that, rest assured, went above and beyond that of minor skin irritations.  Indeed, since dog wardens are now outfitted with digital cameras it would be of tremendous interest to know if photographs of the doomed dogs exist.  Nevertheless, Zimmerman contacted a large animal veterinarian for advice despite the fact that the state’s Dog Law requires all licensed canine kennels to have documentation providing the name and contact information for the veterinarian of record who cares for the dogs.  Could it be that Richard Martrich and Orlando Aguirre, the two dog wardens who had inspected the kennel over the previous six years, had overlooked this detail and is it possible that the dogs in Zimmerman’s care had never been seen by a veterinarian?

A review of the inspection reports for both E&A and A&J kennels reveal environments that were plagued with problems and distinct patterns.  Active rodent and insect infestation, open food bags, dirty food and water receptacles, matted dogs, dogs in need of grooming, insufficient heat to preserve the dogs' body heat, cobwebs, lack of lighting and excess excreta were all noted during inspections that took place from 2003 through 2008 yet not one citation was ever issued for poor kennel conditions or for a lack of veterinary care. 

It’s important to note that Section 21.30 of the Dog Law DOES allow dog wardens to cite kennel operators for a lack of veterinary care although it is rarely, if ever, used.

By law, Pennsylvania licensed commercial breeding kennels are subject but not limited to a once a year unannounced inspection.  Many, however, are inspected twice annually.  Between 2003 and 2008, a total of six years, both E&A and A&J kennels were inspected as follows:

E & A Kennel

Total Inspections = 15
Problematic Inspections = 7
Follow-Up to Problematic Inspections = 4
Satisfactory Inspections = 4

Read E&A Inspection Reports:      2008 Click Here     2007 Click Here      2006 Click Here

A & J Kennel

Total Inspections = 17
Problematic Inspections = 7
Follow-Up to Problematic Inspections = 6
Satisfactory Inspections = 4

Read A&J Inspection Reports:       2008 Click Here     2007 Click Here      2006 Click Here

In other words, almost half of all inspections for both kennels reflected infractions of the Dog Law that affected the physical kennel structure and its impact on the dogs and/or the actual health and welfare of the dogs kept in those kennels. 

One inspection for E&A on April 17, 2006 reflected several problems and while a follow-up inspection was supposed to be conducted, it never was. 

A&J failed it's inspection on October 12, 2006 although absolutely no warning or citation was ever issued even though many of the problems had occurred in the past and the recurrence alone should have warranted action.
 
Truth be told, no one will ever know exactly what provoked the Zimmerman brothers to pull the trigger of a gun at least 80 times in order to kill the breeder dogs who had served their masters well by producing approximately 2,000 puppies that the Zimmermans sold over a six year period.  Even at a modest fee of $250.00 per puppy the financial gain realized by these “poor” farmers (see Fun Facts, below) was easily in excess of half a million dollars…. much more than most Pennsylvanians make over the same span of time.

In the end, the most plausible explanation as to why the dogs were destroyed has to be for the purpose of avoiding criminal charges.  Clearly, the dogs could not be turned over to a shelter or rescue for fear of a criminal prosecution and their years as farmers gave the Zimmermans the knowledge that through the process of natural decomposition it would indeed be difficult to ascertain the physical condition of the dogs on the day of the inspection once they had been dead and buried for several days.

Between a Bureau of Dog Law that does not mandate its warden employees to enforce the state's regulations, humane society police officers who believe they may only assist animals who are near death, a loophole law that allows anyone to shoot a companion animal on a whim and a general assembly who is being bullied by a rogue group of its own, this story, were it not so sad, has all the makings for a Three Stooges episode.

This is an election year.  As voters, we all shoulder some responsibility with regard to the stalled legislation that's designed to protect dogs.  After all, every representative who is refusing to support House Bill 2525 and/or 2532 secured his or her position by way of the popular vote. 

If you're reading this commentary chances are you've already picked up the telephone on more than one occasion to ask your elected representative to support what are now known as the "Puppy Mill Bills" and, chances are, you won't hesitate to do it again a few more times.  Just remember that should House Bill 2525 or 2532 fail to pass in September, come November there's another way to send a message. 

Undoubtedly, most eyes will be focused on the presidential election this fall, but never forget that it's local and state politics that affect you, your family and your companion animals the most. 

Right about now is an excellent time to start letting those elected officials who refuse to support the Puppy Mill Bills know that there are more dog lovers in Pennsylvania than there are breeders and that you will be voting for candidates who refuse to support the pet profiteers and their breed for greed mentality as well as for those who place compassion above cash contributions.

If you care about dogs you need to use your power as a constituent for the purpose of questioning incumbents and candidates alike as to their position on the Puppy Mill Bills and you won't hesitate to ask your family, friends and colleagues to do the same. 

This year your vote really counts and the dogs in Pennsylvania’s puppy mills are counting on you to help them. 

Fun Facts

Did you know that your tax dollars help finance Pennsylvania puppy mills by way of farm subsidies? 

John Blank, owner of the recently closed Limestone Kennel in Chester County received more than $26,000 in farm subsidies and Representative Arthur Hershey (R) Chester County, author of more than 40 superfluous amendments to House Bill 2525 and co-owner of Ar-Joy Farm, received in excess of $300,000 in subsidies from 1995 through 2006.

Look up other Pennsylvania Farmers - Click HERE


08-23-08 -- SPCA Files Cruelty Charges
By:  Danielle Lynch, Delco Times

HONEY BROOK — Authorities recently filed charges against a Honey Brook couple, who allegedly kept animals in unsanitary conditions in their borough home.
 
At the end of July, the Chester County Society for the Prevention of Cruelty to Animals received a complaint of animal cruelty at a home in the 4000 block of Horseshoe Pike on Monday, according to SPCA spokesman Chuck McDevitt.

After obtaining a search warrant, authorities returned to the property on July 29 to rescue 28 cats and one dog, McDevitt said.

"They were living in very unsanitary conditions and not being cleaned up after," McDevitt said.

There was also a rabbit and bird in the house, but they were in healthy condition, McDevitt said.

This past Wednesday, McDevitt said the county's SPCA charged Diane and Mark Shusterman of Honey Brook each with one count of animal cruelty, which means they can receive a maximum $750 fine or up to 90 days in prison, or both.

In addition, Diane Shusterman has been asked to pay $971.81 in restitution to the SPCA for veterinarian bills and boarding for the dog and a cat that were recently returned to the family, McDevitt said.

Mark Shusterman has been asked by the SPCA to pay $414.92 for veterinarian bills and boarding for another cat that will be returned as a family pet. These fees also cover one more cat that is owned by a family friend and had been staying at the Shusterman household, according to McDevitt.

The other cats are not up for adoption at this point because they need more medical treatment, McDevitt said.

When an SPCA officer arrived at the Shusterman home late last month, she smelled a strong odor outside the home.

In addition, several of the cats were not spayed or neutered, so a lot of the female cats were pregnant, McDevitt said. Unsanitary conditions caused animals to have fleas and suffer from upper respiratory problems and skin conditions, he said. Some of the animals were emaciated, too.

Pennsylvania SPCA authorities shut down a puppy mill in Upper Oxford on July 17. The owner of Limestone Kennels, John Blank, pleaded guilty to animal cruelty charges.

State Rep. James E. Casorio Jr., D-56th, of Westmoreland County, is the prime sponsor of legislation that, if approved, would update the state's dog law and introduce specific standards for dog care in large commercial kennels. 


08-23-08 -- Bristol Township Opens Internal Investigation of Dog Death
By:  James McGinnis, The Intelligencer

Bristol Township has opened an internal investigation after allegations that employees left a dog to die on the side of New Falls Road last month.

Resident Jane Wolf said she called the township July 27 after spotting a dog in the grass. She described the animal as a large black Labrador. It was unable to move, bleeding and appeared to be in shock. Wolf said she worried it would bite her.

Initially, Wolf said she called the work number of the animal control officer, Bill Kurko. After about 30 minutes passed without a response, she said she called the cops.

Police officers said there was nothing they could do for the dog, she said. “They told me that the animal control officer did not work on the weekends,” Wolf said.

When she finally reached Kurko by phone Sunday, Wolf said he told her he wasn't authorized for overtime. “I remember my daughter saying to me, "We can get a pizza delivered to the house in 30 minutes. But we can't get someone to rescue this dying dog on the side of the road,' ” Wolf said.

Wolf attended a Bristol Township council meeting Thursday night, asking that the township develop a new policy for 24/7 animal control.

“I don't care who's to blame for this. I just want to make sure it doesn't happen again,” Wolf said. “What's going to happen next Sunday when someone calls animal control?”

Kurko was not present at the meeting and the newspaper was unsuccessful in reaching him for comment Thursday or Friday. Township Manager Jeff Barlett defended the animal control officer.

Bartlett said Kurko had responded to the area of New Falls Road at approximately 1:30 a.m. that morning and had tried to capture the dog. But it got away.

“This was a black Labrador he was chasing in the middle of the night,” Bartlett said.

Wolf wasn't buying that. She had a hard time believing that the dog she found lying by the road could ever have evaded capture.

“I saw this dog. This dog was seriously injured,” she said. “It wasn't running away from the animal control officer. It couldn't walk.”

Bristol Township is investigating “not just an individual but the whole situation,” Bartlett said. “We want to make sure we have all the details ironed out. This is not something we're taking lightly.”

“We have a large amount of animal issues in Bristol Township and, unfortunately, there are many irresponsible dog owners. This dog had no identification on it.

“I know Mr. Kurko and he is truly concerned about every animal,” Bartlett continued. “I'm sure he's very upset that any animal has to die. But from all accounts he was out there at 1:30 a.m. trying to help it.”


08-22-08 -- Slaughters Up Ante for Puppy-Mill Legislation
By:  Richard Fellinger, Lebanon Daily Newsaily News

HARRISBURG — Dog lovers are set to unleash a fight this fall to approve their pet bill — a new state dog law aimed at cleaning up commercial breeding kennels known as “puppy mills.”

Animal-rights advocates were unhappy last month when the bill sponsored by Rep. James Casorio, D-Westmoreland, languished at the Legislature’s summer break. Now they’re frothing mad over the recent shooting of 80 dogs at two Berks County kennels whose owners didn’t want to pay for medical care.

House members return to session Sept. 15, and they are under increased pressure to move Casorio’s bill. If it does not pass before the 2007-08 term ends in November, it will have to be reintroduced in the term that begins in January.

Nancy Gardner, a member of the Governor’s Dog Law Advisory Board, said it’s legal for kennel operators to shoot dogs under current law, but Casorio’s wide-ranging bill would have prevented it. Among other things, his bill would only allow veterinarians to euthanize dogs.

“I hope they get it passed, because what happened a couple of weeks ago (in Berks County) was an atrocity,” Gardner said.

Casorio’s bill would also double the minimum floor space for dogs at kennels and require solid flooring rather than wire floors in which a dog’s feet can get stuck. It would also eliminate cage stacking at commercial breeders, require access to an outdoor exercise area and mandate regular veterinary care.

The bill has high-profile backers such as Oprah Winfrey, who aired hidden-camera footage early this year of the bad conditions at several large breeders in Lancaster and Berks counties, and Gov. Ed Rendell, who has a three-year-old golden retriever that was saved from a puppy mill.

Yet the bill went nowhere when lawmakers were scrambling to finish the 2008-09 state budget before their summer break in July.

It was bogged down by some 40 amendments from lawmakers who want a range of changes. Now, about 100 amendments are awaiting the bill on the House floor, making its fate uncertain this fall.

Rep. Art Hershey, R-Chester, ranking Republican on the Agriculture and Rural Affairs Committee, is leading the charge to strap amendments to the bill. He did not return a message seeking comment.

While animal-rights groups say the amendments are an attempt to filibuster the bill, some lawmakers say the 92-page bill needs to be amended because certain statewide groups make solid arguments for changes. Those groups include the Pennsylvania Veterinary Medical Association and Pennsylvania Farm Bureau.

The veterinary association opposes the provision to require solid flooring, saying that would mean some dogs sit in their urine or feces. Instead, they want language to mandate a grid of material to allow for drainage, with slots small enough so that dogs’ feet won’t get stuck.


08-22-08 -- Adopted City Kitten is Found to be Rabid
By:  Bonnie L. Cook, Philadelphia Inquirer

Philadelphia Health Department officials have confirmed a case of rabies in a stray kitten adopted from the wild by a family in the Parkwood Manor section of the Far Northeast. The case is the first involving rabies in a domestic pet in three years.

Department spokesman Jeff Moran yesterday said that the kitten bit several people during efforts to nurse it back to health. The animal was turned in to the Philadelphia SPCA, where it was euthanized and tested for rabies.

When the test came up positive, the department's Division of Disease Control referred those bitten for preventive treatment, a series of inoculations. Workers will be checking the area where the kitten was found to make sure there are no other rabid animals, Moran said.

The city's last confirmed cases of rabies in pets were a dog and cat in 2005. In 2007, officials confirmed four cases of rabies in wild animals - a bat, a groundhog, a deer and a raccoon.


08-21-08 -- Owner Files Petition to Get Potbellied Pigs Back
By:  Kimm R. Montone, The Times Tribune

A Meshoppen woman accused of neglecting more than 50 potbellied pigs has petitioned Wyoming County Court for their return. Meanwhile, the pigs remain under the care of the Humane Society of Lackawanna County, which is building an animal abuse case against the owner.

Marla Burnham of RR 2, Box 237, filed a four-page, handwritten petition denying accusations that she mistreated the pigs. She also claims the Humane Society lacked sufficient evidence to seize the animals.

“One of these animals have been with and owned by (me) for 17 years. Others were owned by (me) for 5 to 16 years,” Ms. Burnham said in her petition.

If the matter is not resolved soon, it will likely land in court. Wyoming County President Judge Brendan Vanston has scheduled an Oct. 31 hearing at 10 a.m., if necessary.

Humane Society Executive Director Warren Reed received a copy of the petition via certified mail and said he planned to turn it over to the agency’s attorney, Jill Spott.

“We took (the pigs) because she wasn’t taking care of them. We’ll have to wait to hear what the judge has to say,” he said. “The animals had nothing to drink and didn’t have any food. And that’s not a very good environment for an animal to survive.”

Armed with a search warrant, county Humane Officer Tina Walter and other officials and volunteers removed the pigs from a former dairy barn off Briar Ridge Road on July 28. Chickens were also taken from the property, Mr. Reed said Thursday.

In an affidavit, Officer Walter wrote that the ribs and backbones of some of the pigs were visible. Others were missing hair and had sores and patches of raw, red skin. One pig had an overgrown tusk curving into an eye. No food was available; water troughs had very little water and were filled with mud and debris, she wrote.

“They appeared to be hungry, thirsty, and several were scratching raw areas of their bodies,” Officer Walter wrote. “A majority of the potbellied pigs appeared to be in need of veterinary care.”

Efforts to reach Officer Walter and Ms. Burnham were unsuccessful Thursday.

The Humane Society has the pigs in protective custody at an undisclosed location in Glenburn Twp. Mr. Reed said officials are working to build an animal cruelty case against Ms. Burnham.

“Our main goal is to get them healthy,” Mr. Reed said. “And that’s what we’re doing.”


08-20-08 -- Candlelight Vigil Pays Tribute in Maxatawny
By:  Lisa Mitchell; Patriot Editor, BerksMont News

The slaughter of 80 dogs at two Maxatawny kennels has drawn attention from animal lovers and activists alike from across the state.Three groups coordinated a candlelight vigil on Aug. 15 to pay tribute to the 80 dogs.

With a full moon overhead, more than 100 people from across the state walked along rows of corn on Route 222 to the edge of the Zimmerman property in Maxatawny Township. They placed 80 white chrysanthemum flowers on Elmer Zimmerman's tractor and 80 dog biscuits were laid at the lane of the killing.

Participants also read speeches and sang "Amazing Grace," paying tribute to the dogs.

North Penn Puppy Mill Watch in Lansdale, United Against Puppy Mills in Lacaster and MainLine Animal Rescue in Chester Springs coordinated the vigil "to recognize and remember the 80 dogs that were senselessly and needlessly killed on the Zimmerman Farm," said Helen Walton Ebersole, president and co-founder of UAPM.

"The vigil was peaceful, poignant and somber. These dogs were senselessly and needlessly killed. Mr. Zimmerman had other options than to kill all of his dogs. Those 80 dogs never knew a kind word, a gentle touch, a chance to exercise, run and play like dogs do," said Ebersole.

UAPM volunteer Amy Bitting, of Etters, noted that there were people from all surrounding areas who attended, including Elmer Zimmerman who arrived while people left.

The Patriot attempted to contact the Zimmermans without success.

"Some are animal advocates and some because they believe the killing of these dogs is brutal and unacceptable," said Bitting.

She said the vigil gave animal lovers and advocates a chance to say goodbye to the dogs.

"It was to make a statement that, as a community, we value the life of a dog and this is unacceptable," said Bitting. "It was to protest the fact that this is legal in Pennsylvania and proposed legislation needs to be passed to ensure those persons who do this will be held accountable. It was also to raise awareness of the suffering dogs and puppies endure day-in and day-out in puppy mills right in our backyards."

Bill Smith from Main Line Animal Rescue described the vigil as extremely sad.

"The dogs in their kennels never had a chance. They were born in those facilities, lived lives of deprivation and neglect, and then one night, were savagely killed," Smith said.

Maxatawny resident Berni Ward lives next door to the Zimmerman farm, and this is not the first time she was shocked by something the Zimmermans did.

In February, the Zimmermans made big headlines in newspapers for spreading sewage sludge on their fields, which they have since signed an agreement not to spread again.

"Our entire neighborhood is shocked. I was sick to my stomach when I heard about all the dogs that were shot next to us," said Ward. "How could anyone do this to innocent creatures? There was no reason whatsoever to do it. How can it be legal to do it?"

North Penn Puppy Mill Watch coordinator Jenny Stephens, of Landsdale, said people are flabbergasted.

"I believe there was such outrage not only for the animal rights groups but also dog lovers in general over the fact that someone could shoot 80 dogs," Stephens told The Patriot.

People are particularly outraged that this is legal in Pennsylvania.

"This certainly helped illustrate the need for this legislation," she said, referring to the proposed House Bill 2525, the Dog Law, which would make it illegal to kill dogs in the manner exhibited by the Zimmermans.

"This is driving home the point that as long as people continue to purchase puppies in pet shops, these commercial breeding facilities will continue to operate," she said.

The vigil, she said, was filled with emotion. There was not a dry eye among the more than 100 attendants, many of whom brought their four-legged friends.

"It allowed people to share their grief with other individuals who felt similarly," said Stephens.

Last year, about 84,000 dogs went into shelters, she said, noting that there is an abundance of animals who need homes. She recommended people adopt and rescue animals rather than buying them at pet shops that may be ill or mistreated.

All three groups - North Penn Puppy Mill Watch, United Against Puppy Mills, and MainLine Animal Rescue - encouraged the public to contact their state representative about HB 2525, the Dog Law. Visit www.legis.state.pa.us.

"We have a long road ahead of us and unfortunately, so do the dogs," said Stephens.


08-20-08 -- An Advocate for Philadelphia’s Animals
By:  Sam Wood, Philadelphia Inquirer

Citing a "dramatic increase" in the number of animal cruelty cases, District Attorney Lynn Abraham today named Barbara Paul to serve as an advocate for the city's abused and neglected cats and dogs.

"It's time to make a declaration that animals need to be protected," said Abraham, cradling a 10-week-old kitten in her arm at the Philadelphia Society for the Prevention of Cruelty to Animals.

Paul, a veteran prosecutor in the District Attorney's Office, has directed Abraham's Elder Justice Project and worked in the Family Violence and Sexual Assault Unit.

For Paul, the appointment is a dream come true - even if it means extra hours and a ton of extra work. She stands to inherit 30 animal cruelty cases.

"This is something I've always wanted to do," said Paul, who shares her home with five rescued cats. "It's very important to me, especially as I come to the final stages of my legal career."

Several dogs rescued by the PSPCA barked as Abraham introduced Paul. Among them was Jeffrey, a 3-year-old poodle-mix, who scampered into a veterinarian's lap.

Jeffrey was near death - starving and covered with fleas and maggots - when he was found a month ago in North Philadelphia, where he had been abandoned by his owner with three other dogs.

"He was on his last legs," said Rachel Lee, the chief investigative veterinarian for the PSPCA. "The maggots, which eat dead flesh, probably saved his life."

The PSPCA displayed photographs of less fortunate animals: a cat beaten to death by an 12-year-old boy; a pit bull whose ears had been docked with a pair of rusty kitchen scissors; a puppy that died of severe neglect. The photos were all taken during the last month.

"The number and severity of cases have been staggering," said Howard Nelson, CEO of the PSPCA. "And these abused and neglected animals suffer more than any of us can imagine."

Nelson said the agency's anti-cruelty hotline has received more than 4,700 calls since it was launched in January.

Paul acknowledged that many of the cases she expects to prosecute are "horribly depressing" but she has faith that she can make a difference.

"I'm hoping it will send a message and that message will be heard," she said. "We will not tolerate the abuse and neglect of animals any longer."

To report an act of animal cruelty call the PSPCA's tipline at 866-601-SPCA.


08-20-08 -- Cruelty Charges Dropped Against Owner of Emaciated Welsh Pony
By:  Marlene DiGiacomo, Delco Times

MEDIA COURTHOUSE - A judge has dismissed three of the four animal cruelty charges levied against the owner of "Happy Hour," an emaciated Welsh pony mare that was euthanized in October 2007.

At an appeal hearing earlier this month, Common Pleas Court judge Edward Zetusky upheld one count of cruelty to animals issued against Elizabeth "Betsy" Cardone, of the 200 block of Forge Road, Middletown. Cardone was fined $200 plus costs at the Aug. 5 proceedings.

Magisterial District Judge Walter A. Strohl Jr. had found Cardone guilty of four counts of animal cruelty in April. Cardone appealed the judge's decision, which imposed $1,684 in total fines and court costs.

"We are pleased that the law holds people accountable for failing to take care of their pets," said Assistant District Attorney Lynorr Hiller.

The one count for which Cardone was found guilty by Zetusky involved deprivation of veterinary care from Oct. 1 until Oct. 18, 2007, according to Hiller.

The prosecutor said there was supportive evidence from a vet for that period of time to sustain the charge.

Cardone repeatedly maintained that proper care and feeding was performed on her pony, which the Large Animal Protection Agency nicknamed "Tiny Bubbles." During a prior hearing, JoAnn Mauger, a licensed LAPS humane officer, testified she first visited the property July 6, 2007, after receiving a complaint from the township about the pony's poor condition.

The pony was kept on the sprawling former Sleighton School property off of Valley Road.

It had been purchased at a disbursement sale at the former John du Pont estate in Newtown. It was unclear how long the animal had been kept at the Middletown site.

After attempts to contact Cardone proved unsuccessful, Mauger secured a warrant from Strohl on the grounds of an alleged violation of failure to provide access to necessary veterinarian care.

The pony was then removed from the property to a farm in Chester County before being transported to the New Bolton Center, also in Chester County.

The pony was euthanized Oct. 31, 2007.

Attorney John Neumann Hickey, who represented Cardone, said the pony was suffering from untreatable cancer.

"My client has four other horses - all of which were in perfect health. But this pony had cancer," said Hickey.

Hickey was successful in having three other summary offenses against Cardone involving alleged cruelty tossed out by Zetusky at the appeal hearing.

In April, she was found guilty by Magisterial District Judge Walter A. Strohle Jr. of four counts of improper care of the pony.


08-20-08 -- New Laws Should be Legacy of Slain Dogs
Op/Ed:  The Reading Eagle

The Issue: Two kennel owners shoot 80 dogs rather than having 39 of them treated by a veterinarian as ordered by a state official.

Our Opinion: The fact that it was perfectly legal cries out for a change in Pennsylvania’s kennel laws.

The irony was palpable: A kennel owner ordered to take some of his dogs to a veterinarian and face a possible fine avoids the fine by destroying all the animals — even the ones for which veterinary care was not ordered — with a .22-caliber rifle.

And it is all perfectly legal.

What a sad commentary the story of Elmer H. Zimmerman and his brother, Ammon H. Zimmerman Jr., is on the animal-welfare laws in Pennsylvania. If this does not spur the Legislature into action, then it is quite clear the lawmakers don’t care about the commonwealth’s reputation as a haven for puppy mills.

The Zimmerman brothers, owners of A&J Kennel and E&A Kennel on neighboring Maxatawny Township farms, shot and killed 80 dogs after a state official found fleas and fly sores on 39 animals during a routine inspection of Elmer’s kennel on July 24.

No citation for animal abuse or cruelty was issued.

"I thought there was no other way," said Zimmerman, who said he was not at the kennel when the inspection took place and was under the impression that his facility would be reinspected the next morning.

Dr. Frank Moll, a veterinarian who had treated Zimmerman’s cattle but not his dogs, advised the kennel owner that it was legal to shoot dogs in Pennsylvania, but that it was not the preferred way to kill the animals.

The action leaves some unanswered questions:

Even if the kennel was going to be reinspected the next day, why destroy the healthy animals?

Why not pay a veterinarian to attend to the dogs? Surely the bill could have been passed on to customers who purchased puppies?

Why not turn the healthy animals over to the Humane Society of Berks County or the Berks County Animal Rescue League?

We understand that there is a great difference between the way pet owners view their animals and the way breeders and farmers do. To pet owners, dogs often are part of the family, almost as beloved as a child. To breeders and farmers, they are livestock, no difference from pigs, cows, chickens or any other income-producing animal.

But even so, Zimmerman hired a veterinarian to take care of his cattle. Why wouldn’t he do the same for his dogs?

Thus far the only thing to come out of this fiasco is that the Zimmermans voluntarily gave up their licenses to operate kennels. But there is a far greater legacy that the deaths of these 80 dogs could produce: a rewrite of Pennsylvania’s law that applies to dog breeders.

Two bills, one introduced by state Rep. James E. Casorio Jr., a Westmoreland County Democrat, and one introduced by state Rep. Thomas R. Caltagirone, a Reading Democrat, would go a long way toward eliminating the conditions that led to the shooting of these dogs.

Casorio’s legislation would create a new class of kennels — commercial breeding kennels — to provide essential minimum standards for the dogs that spend their lives in kennels. The standards would include minimum cage sizes to ensure the dogs are reasonably comfortable, access to an exercise area, annual veterinary examinations, and daily cleaning requirements.

It also would establish temperature, lighting and ventilation standards for the animals and subject breeders to having fire extinguishers readily available.

Caltagirone’s bill would expand the scope of animal cruelty laws to prevent surgical procedures and euthanasia by anyone other than licensed veterinarians.

The passage of these bills should become the legacy of the 80 dogs killed in Maxatawny Township.

08-19-08 -- Dog Victim of "At Home" Neutering
By:  Erin James, Evening Sun Reporter

A local humane officer is investigating the case of a border collie that arrived as a stray at the Adams County Society for the Prevention of Cruelty to Animals recently with a bright green rubberband tied around its testicles.

Officer Brandi Luther said the apparent at-home neuter attempt caused a severe infection and "excruciating pain."

"It's completely inhumane," Luther said of the banding practice.

The 4-year-old dog, called "Oakley," is recovering at the facility after two emergency surgeries were performed to treat the infection.

"Banding" is a common neutering practice for young livestock, but Luther said she doesn't recommend it for even those animals.

And the practice is extremely painful on dogs - particularly older ones - because of their different anatomy, she said.

Luther said she is investigating who placed the rubberband on the dog.

The dog's tags traced back to an owner who is in jail, but Luther said she expects someone else was supposed to be caring for it.

Because of the infection, whoever tied the rubberband can be charged with failure to seek proper medical treatment for an animal in their care, she said.

Luther said this is the first time she's investigated this type of case, but she said the SPCA takes in animals "all the time" that have been treated inhumanely.

She said she wants people to know that at-home neuter practices are unacceptable for dogs.

In some cases, at-home medical care for pets is OK. But if there is infection or the problem worsens, pet owners are responsible for seeking professional veterinary care for their animals, Luther said.

"A lot of times owners don't realize when it gets out of hand," she said.

Some owners skirt that responsibility by abandoning the animal, Luther said.

"Instead of taking on their duty ... they dump it or abandon it to us," she said.

Oakley's surgeries cost about $800, and the SPCA is asking for donations to help cover costs.  To donate money toward Oakley's surgery or to share information about this case, call the Adams County SPCA at (717) 334-8876.


08-19-08 -- Animal-Welfare Laws Need Swift Update
American Humane Speaks Out
Op/Ed in Lebanon Daily News

The American Humane Association, one of the nation’s oldest organizations dedicated to the humane treatment of animals, joins thousands of animal lovers and animal-welfare groups in Pennsylvania in condemning the owners of A&J Kennel and E&A Kennel for shooting 80 dogs in need of veterinary care. The act was violent and inhumane.

The two commercial breeders, Ammon and Elmer Zimmerman of Kutztown, used the dogs for profit and then shot and killed them when they needed medical care. Their actions show without doubt that stricter animal-cruelty statutes are needed to make such abuse punishable by law.

The animal-welfare law that needs to be changed is Pennsylvania’s Animal Destruction Method Authorization Law. A bill to amend this law is HB 2417, which would prohibit the use of gas chambers and firearms to euthanize nondangerous animals in animal shelters.  

American Humane asserts that the only humane way to euthanize an animal is by injection, that it should be performed by an individual certified in the method, such as a veterinarian or certified technician, and that it should be performed for just reasons.

We urge Pennsylvanians to ask Chairman Michael K. Hanna of the House Agriculture and Rural Affairs Committee to vote yes on this bill before the session days come to an end.

Although HB 2417 relates to shelters and not commercial breeders, American Humane believes it is a step in the right direction for the welfare of animals.

We will continue to advocate for tougher legislation, such as HB 2417, as long as there are animals — like the ones in Berks County — that are suffering violently and needlessly.

Dena J. Fitzgerald, CAWA
Director of Animal-Welfare Services
American Humane Association

Allie Phillips, J.D.
Director of Public Policy
American Humane Association

Visit American Humane: Click HERE


08-18-08 -- Sponsor of Dog Law Bill Calls for an End to Stall Tactics
New Dog Law Would Have Prevented Killing of 80 Dogs by Kennel Owners
By:  State Representative James E. Casorio, Jr.

HARRISBURG, Aug. 13 – State Rep. James E. Casorio Jr., D-Westmoreland, again today called on a handful of legislators and special interest groups to end their efforts to block the passage of bipartisan legislation that would protect dogs at large commercial breeding kennels in Pennsylvania.  

"Dogs continue to suffer and die in Pennsylvania because this group of legislators has chosen to protect irresponsible kennel owners at the expense of thousands of dogs who are sick, suffering and even being killed," said Casorio, who is the prime sponsor of H.B. 2525. The legislation would update Pennsylvania's dog law by introducing improved standards of care for dogs in large commercial breeding kennels in the state.  

"In just the past few weeks, we have been reminded of the horrors that take place in some of these commercial kennels," Casorio said. "It is clear that the people who want my bill blocked view the dogs in their care simply as livestock – an expendable commodity. They do not see them or treat them as the pets and loving companions that they truly are."  

Most recently, the owners of two kennels in Berks County shot to death 80 healthy dogs rather than paying for repairs at their kennels and seeking veterinary care for the dogs.   

"Unfortunately, under current law, kennel owners may kill their dogs for any reason, even if it is simply to save money," Casorio said. "My legislation would add language to the dog law to prohibit this practice, and to allow only veterinarians to euthanize dogs in commercial kennels."  

Casorio said the Berks County killings were just the latest in a string of incidents at commercial kennels demonstrating the need for a much-improved dog law. The Philadelphia Inquirer and other media organizations recently reported that one of the largest commercial kennels in the state, which has a decades-long history of selling sick and defective dogs to the public, has apparently been advertising dogs for sale in violation of a consent decree that required the kennel to identify itself by name because of its past history. And in July, the owner of a Chester County kennel pleaded guilty to charges after he gave members of an animal rescue organization dogs with skin conditions, abscesses, severed ears and even missing eyes.  

Casorio's bill, which has nearly 100 Democratic and Republican co-sponsors, was drafted over a period of several months with the input of kennel owners, sporting dog groups, animal rescue groups, dog owners and other interested parties. It was approved by the House Agriculture and Rural Affairs Committee in June.   

But a full vote by the House before the summer recess was blocked when a handful of Republican legislators filed scores of last-minute amendments to the bill. Casorio said many of the amendments are frivolous, such as several that seek to have the word "dishwasher" added to the list of illegal methods for housing dogs.  

"The bill already lays out the requirements for proper housing for dogs in commercial kennels," Casorio said. "These types of amendments pertaining to specific containers are redundant, unnecessary and insincere, and an obvious attempt to simply stall a final vote."  

Casorio said the Republican chairman of the committee, Rep. Art Hershey, R-Chester, alone has filed more than 40 amendments to the bill. A handful of other Republican legislators have also filed unnecessary amendments to block the bill's passage.  

"A small number of lawmakers and others have spent the past several months spreading misinformation about the bill in an attempt to scare responsible dog owners, kennel owners and other groups interested in the health of dogs in Pennsylvania," Casorio said. "This legislation is aimed specifically at the large, commercial breeding kennels that have made this state notorious as a 'puppy mill' haven. The bill will not burden individual dog owners or other types of kennels."  

Casorio said supporters of his legislation need to contact their state representative to urge a final vote on H.B. 2525 when the General Assembly returns to session the week of Sept. 15.   

"We only have a small window of opportunity to pass this bill before the end of this legislative session, or who knows how many dogs will continue to suffer and die if we have to start all over again next year?" Casorio said. "The state's ability to protect the dogs in these kennels, shut the worst of these kennels down, and punish their owners is severely restricted under the current law.   

"I believe the increasing publicity about the disgusting conditions and practices at some of these commercial kennels will generate more pressure to get my legislation passed. And, I'm sure that more and more people are beginning to realize that the argument by some that the status quo is adequate is both ridiculous and irresponsible."   

Casorio said more information about H.B. 2525 and other efforts to improve the state's dog law is available online at www.agriculture.state.pa.us/doglawaction . Residents can also contact their local legislator and other legislators through the site.   

CONTACT: Michael J. Herzing House Democratic Communications Office
Phone: 717-787-7895


08-18-08 -- PSPCA Law Enforcement Efforts Continue to Grow
By:  The Gant Daily

PHILADELPHIA - Furthering its commitment to protecting Pennsylvania's animals from abuse and neglect, the Pennsylvania SPCA has a presence across the Commonwealth. The PSPCA's 10 officers are assigned to canvass all 67 Pennsylvania counties and, as of August 15, 2008, will be sworn in 27 of those counties including: Philadelphia, Chester, Berks, Lehigh, Lancaster, Monroe, Pike, Wayne, Wyoming, Susquehanna, Bradford, Potter, Clinton, Union, Snyder, Tioga, Lycoming, Clearfield, Clarion, Venango, Allegheny, Westmoreland, Somerset, Indiana, Cambria, Blair and Bedford.

"Our humane officers are in the process of being sworn in and registered in an additional 33 counties. By the end of the year, we will have at least one agent sworn in and registered in all of the state's 67 counties," said PSPCA CEO Howard R. Nelson.

The PSPCA is the primary agency responsible for enforcing Pennsylvania's animal cruelty laws in 27 of the state's counties and is the secondary contact for the remainder of the counties. The PSPCA works with local police departments and humane agencies in its secondary regions to report and investigate cruelty complaints.

"Our future plans include receiving approval for a PSPCA expanded Humane Society Police Officer Training, which will allow potential officers who are not part of the PSPCA to also take part in the training that all of our officers will receive," said Nelson.

"The rise in animal cruelty reports across Pennsylvania in the past year prove that we need to continue the expansion of our law enforcement unit," said Nelson. "We have hired four agent trainees in Philadelphia whom we expect to graduate from training and be sworn officers by the end of the year. We are also currently requesting applications and interviewing candidates for humane officer positions in Northwest, Central and Northeast Pennsylvania. "

The PSPCA agent trainees will complete training provided especially by the PSPCA, as well as the required Humane Agent Trainee two-week course required by the Pennsylvania Department of Agriculture for all Pennsylvania humane gents. Although this training has always been held only once a year in April, PSPCA Chief Program Officer Elaine Skypala has received approval from the Department of Agriculture to add an additional training session. She is working with Penn State University to offer the course in November or December. "It is essential that qualified individuals with proper training are able to become humane officers in a timely manner," said Skypala. "Offering the course more than once a year will become the norm and not the exception."

The need for the presence of PSPCA humane officers in every county is a direct result of the organization's toll-free cruelty hotline, 1-866-601-SPCA, which was launched January 30, 2008.

"When we started the hotline, we estimated 200 calls per month, which would have been 1,200 calls after six months," said Nelson. "We are averaging almost 30 calls a day, putting us at just over 4,700 calls after six months."

The PSPCA's hotline is answered by live operators 24 hours a day, seven days a week. Agents are dispatched to cases immediately, if the severity warrants. "The job of a PSPCA humane officer has evolved in the past year," said Nelson. "This is not a 9-5 office job. We need people who are willing to be available 24/7. The officers we have now and the candidates we are considering are willing to make this commitment to Pennsylvania's animals in distress. I am confident that we will have the state's best possible humane law enforcement unit"

The Pennsylvania SPCA is dedicated to rescuing animals from abuse and neglect, providing lifesaving care and treatment, guaranteeing a home for every adoptable animal, and reducing pet-overpopulation through low-cost spay-and-neuter clinics and public awareness initiatives. Through these efforts, we prevent cruelty towards animals and promote respect for their welfare, thus enhancing the lives of people and their companion animals throughout the state of Pennsylvania. Headquartered in Philadelphia, PSPCA has satellite shelters in Wellsboro, Centre Hall, Danville, Stroudsburg and Montrose. The Philadelphia branch houses a full-service animal hospital, obedience training academy, adoption facility and the PSPCA Law Enforcement Department, which is responsible for enforcing Philadelphia and Pennsylvania animal cruelty laws. For more information, call 215-426-6300 or visit here.


08-18-08 -- Pets Come First - Woman Saves Lives One Pet at a Time
By:   Stephanie Koons, Centre Daily Times

As a lifelong animal lover, Janel Greenland owns six dogs, five of whom were rescued from shelters. Through her volunteer work with local animal rescue organizations, she has helped many more animals find a new lease on life.

Greenland, of Bellefonte, is the president of Pets Come First, a nonprofit organization committed to assisting adoptable homeless animals in Centre County

Pets Come First was formed in August 2005 as a watchdog group for the Centre Hall branch of the Pennsylvania Society for the Prevention of Cruelty to Animals, Greenland said. At that time, she said, the shelter was notorious for its high euthanasia rate.

After Pets Come First was started, Greenland said, the group’s primary goal was to find homes for lost and abandoned pets through a network of volunteers, foster homes, and local and national rescue groups. The former manager of the SPCA was not always cooperative, she said, and the Pets Come First volunteers were often faced with finding a home for an animal in a matter of hours.

Last year, the SPCA’s former manager resigned and Troy Klinefelder, who had been working at the SPCA for 16 years, was installed as team leader. A new CEO of the PSPCA in Philadelphia, Howard Nelson, is also “rescue-friendly,’ Klinefelder said.

“At that point, most of the people in Pets Come First felt like our mission had been accomplished,” Greenland said.

Since then, Greenland said, euthanasia at the SPCA has been nearly non-existent, and is only administered to animals that are extremely sick or otherwise not adoptable.

The organization shifted its goals, Greenland said, and she and her husband, Scott Klettke, assumed management of its finances.

“Our main focus is to help the animals (at the SPCA) with additional vet care so they can be adopted instead of euthanized,” she said.

The veterinary costs are paid through private donations and from Greenland’s own pocket, she said.

Greenland, 36, started volunteering at the SPCA several years ago, but was disturbed by the number of animals being killed. After adopting a Dalmation from the shelter, she decided to step back from volunteering. Her attitude changed after seeing the pets left behind during Hurricane Katrina in 2005, she said.

“It kind of re-lit that fire within me to do something to help,” she said.

“Janel never says no to an animal,” said Deb Warner, cofounder and vice president of Pets Come First. “Her attitude is always, ‘We’ll come up with the money’ or ‘We’ll take care of this.’ ”

In addition to Pets Come First, Greenland is also involved with a number of animal rescue groups, including the Centre County Animal Rescue Team, which assists animals during disasters; and the United Animal Nations Emergency Animal Rescue Services.

Greenland, who works in sales at Minitab Inc. in State College, said she constantly gets e-mails and calls from animal rescue groups across the country.

“It’s like working two full-time jobs, really,” she said.

All of her efforts pay off, she said, when she sees the animals that Pets Come First has saved.

“These animals are all alive because of what we’ve done, and that’s enough,” she said.


08-17-08 -- PA Lawmaker Wants to Amend Bill In Order to Protect Dogs
By:  Tony Romeo,  KYW Philadelphia Radio

The legal shooting of 80 unwanted dogs at a two Berks County kennels have renewed calls for passage of legislation to improve conditions for kennel dogs. But one lawmaker believes a different approach will be needed if there’s to be quick action to prevent that kind of slaughter from happening again.

There is a package of dog welfare bills in the legislature but most of the focus is on one measure that would improve conditions at kennels. That bill would allow only veterinarians to euthanize kennel dogs. But that measure is bogged down in controversy.

Berks County House Democrat Thomas Caltagirone is a sponsor of another bill one that would allow only veterinarians to perform certain procedures on dogs, including debarking and cesarean sections. He believes the best bet to get quick approval of legislation that would prevent the kind of mass shooting of dogs that occurred recently would be to amend his bill:

“I think I could tag on amendment to prohibit the mass slaughter of any these animals by anybody and possibly get it up for a floor vote, because it’s on the calendar.”

Caltagirone’s amendment might include language requiring unwanted, healthy kennel dogs to be turned over to a shelter.


08-17-08 -- With Shootings in Mind, Rendell Touts Kennel Bill
He took his own dog, Maggie, who was rescued from a puppy mill, to the Center City news conference.
By:  Amy Worden, Philadelphia Inquirer

With his puppy-mill-rescue dog by his side, Gov. Rendell made an impassioned plea to the legislature yesterday to pass a bill that aims to make sweeping improvements in the state's commercial kennels.

Rendell said the "brutal killing" of 80 dogs at two licensed kennels in Berks County had shed light on the horrible but legal practice of euthanizing dogs by shooting them.

"Dogs who live in this type of kennel are valued only for the sale price of their offspring," he said at a news conference at a Center City dog park. The owners "would shoot the dogs rather than pay for vet care."

Sometime between July 24 and July 29, Elmer and Ammon Zimmerman of Kutztown shot their small-breed dogs - most of them poodles, cocker spaniels and shih tzus - and threw them in a compost pile after veterinary exams were ordered on 39 animals for fleas, according to officials with the state Bureau of Dog Law Enforcement.

Elmer Zimmerman said in an interview last week that he felt he had no choice because the warden had told him the state was trying to close down commercial kennels, an assertion the bureau denies.

"The warden said to them that if they would like to surrender dogs, we would make arrangements with the Animal Rescue League to surrender those dogs," bureau director Sue West said.

The case has stirred public outcry to ban the killing of dogs by gunshot. On Friday night, about 200 people turned out for a candlelight vigil organized outside Elmer Zimmerman's dairy farm by animal-welfare groups including North Penn Puppy Mill Watch, Main Line Animal Rescue, and Lancaster County's United Against Puppy Mills.