Herald A Lantctn 21 April B2

Ruling Awaited in Alleged Cruelty Case

WILDWOOD - After a 4-1/2 hour hearing that incUgled a former SPCA volunteer’s accounts of alledged inhumane gassings of dogs and cats and the difficult task of the Associated Humane

Societies' attorney in establishing one of his key witnesses as qualified to provide expert testimoney, Municipal Court Judge Joseph Visalli decided here last Wednesday to make no decision on the cruelty

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VI

SMITHFIELD BACON

charges lodged against the county society for the Prevention of Cruelty to

Animals.

The judge is expecfed to rule shortly in the case. If his decision is in favor of the SPCA. legal action ends. Otherwise the case will be continued, with the SPCA getting* a ,chance to present witnesses and

evidence.

SEVEN COUNTS of cruelty charges have been brought against the county SPCA, director Dennis Kelly, animal handler Kandance Pickens aftcTKelTys Dekelco CorB. by the* Associated \ Humane Societies. The Vjjargpa — each carrying a maximum penalty of $250 — are that the defendents abused and needlessly mutilated and killed animals in a gas chamber that failed to meet state regulations. According to testimony from state Dept, of Health representatives, the gflR chamber at the SPCA located on Bayshore Rd. In S. Cold Springs wasrl equipped with required teniperature controls, lights, or filters. Alledgedly, the lungs of animals

were burned before they

died.

FORMER SPCA volunteer Declan Fortman testified at last week’s hearing that during a twoweek period he worked at the SPCA last October, he witnessed live dogs put in the gas chamber before the bodies of dead ones were removed, and that as many as 11 cats were authanized at once. Claiming he kept-* notes on events at the facility, Fortman also said he found a small kitten alive in the cremantorium after it apparently had

been gassed.

According to state regulations concerning authanasia of animals, only one animal should be placed in the chamber at a time unless they are tranquilized, and the chamber is required to be cleaned

out after use.

SPCA ATTORNEY Joseph Rodgers argued for summary judgment in

the SPCA\Xavor of his clients because

3*Beither Kelly or Pickens had exhibited a cruel or wanton desire to inflict pain to the animals — a motive necessary to

establish cruelty.

THE ATTORNEY said the state also failed to notify Kelly before November 19tfl that the gas chamber didn't meet state regulations, adding that once he was notified, he replaced the device. , Upon testimony, state officials acknowledged the SPCA director had never been notified of the alledged violations, noting that on previous inspections the chamber wasn't hooked up to a small motor. BUT ACCORDING to AHS attorney Alexander Booth, Kelly should still be found guilty of cruelty because he had knowledge of state regulations regarding euthanasia of animals. He argued that the defendents had knowingly violated the regulations to save time and money. • Although AHS executive director Lee Bernstein was finally permitted by Judge Visalli to testify as an expert witness in euthanasia, his attorney had difficulty establishing him as an expert in the legal sense. .SPCA ATTORNEY Rodgers stressed that Bernstein had no formal

training in the matter — noting that he had never even witnessed animals being put to death in a.gas chamber. He also named a number of scientific writings on euthanasia that the executive director said he never read. In addition, Rodgers said that Bernstein was biased against gas chambers in general. Currently, the AHS is seeking in couM to outlaw the use of any gas chamber in the state to euthanize animals. THE AHS member acknowledged that he is against the gas chamber, contending thb ideal conditions for their use can never in reality be met. “You can produce the finest chamber in the world, but it will never work perfectly because it’s always the lowest person on the totem pole working it,” he said.

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