Tragic Discovery Made In Virginia Beach Cat Hoarding Case

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This truly breaks my heart. There’s no other way to put it.

Last month, authorities that tried to execute a search warrant in connection with alleged cat hoarding at a woman’s Virginia Beach home made a horrific discovery. According to published reports, they found more than 100 dead cats in her freezer.

Alexandra Bogdanovic
Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

“Our hearts go out to the animals inside the home,” Meghan Conti, a Virginia Beach Animal Control official, told the media. “But they also go out to the resident. This isn’t just your everyday owner — this is someone who really has some concerning problems.”

Authorities, who were forced to wear masks to combat the overwhelming odor of cat urine, also found more than 20 living cats at the residence. However, there is no guarantee that they can be re-homed. Their fate is uncertain because the surviving felines seemed “wild and untamed,” leading Conti to believe that they may be feral.

Media accounts also indicate that this was not the owner’s first brush with the law. Four years ago, she was convicted of illegally entering an animal control office to release cats. The media did not provide any insight into her punishment — if any — in that case.

Based on published reports, it is also unknown if she will be prosecuted in connection with this case.

Virginia animal care and cruelty laws

However, Virginia Code Section 3.2-6503(A), which regulates the care of companion animals by their owners, stipulates that each owner must provide adequate food, water and clean shelter. Owners must also make sure that their pets get adequate exercise, sufficient care, treatment, and transportation; appropriate veterinary care; and sufficient space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight.

Under Virginia Code Section 3.2-6503(B), failure to comply with any or all of these provisions is a Class 4 misdemeanor, punishable by a maximum fine of $250. A second or subsequent violation for failing to provide adequate food, water, clean shelter or veterinary care is a Class 2 misdemeanor punishable upon conviction by up to six months in jail, a maximum fine of $1,000, or both. A second or subsequent violation for failing to ensure that their pet gets sufficient exercise; provide sufficient space in the primary enclosure; or to provide sufficient care, treatment and transportation is a Class 3 misdemeanor. As such, it is punishable upon conviction by a maximum fine of $500.

Furthermore, Virginia Code Section 3.2-6570(A), pertaining to animal cruelty stipulates in pertinent part that someone is guilty of the offense if: they deprived any animal of necessary food, drink, shelter or emergency veterinary treatment; or if they deliberately inflict “inhumane injury or pain not connected with bona fide scientific or medical experimentation” on any animal. The offense is a Class 1 misdemeanor, punishable upon conviction by up to one year in jail, a maximum fine of $2,500, or both.

It is easy to pass judgment and almost impossible to understand…

For most of us, it is easy to pass judgment based on shocking news accounts of animal hoarding. And it is almost impossible to understand why anyone engages in this activity.

According to the Anxiety and Depression Association of America (ADAA), animal hoarding is generally defined as, “the compulsive need to collect and own animals for the sake of caring for them that results in accidental or unintentional neglect or abuse.”

The ADAA also notes that several factors contribute to animal hoarding. These typically include:

  • poor decision-making and organizational skills
  • intense emotions,
  • strong attachment to animals
  • the overwhelming desire to “save” animals

“All hoarding leads to a sad outcome, but the saddest of all is the animals who die in an environment of neglect, filth, and stressful overcrowding as innocent prisoners of well-intentioned but misguided love,” the ADAA says. “These animals are innocent victims, enduring tragic lives with people who are equally trapped.”

Statistics provided by the ADAA indicate that:

  • 3,500 animal hoarders come to the attention of authorities each year.
  • Hoarding affects at least 250,000 animals each year.
  • The vast majority of animal hoarders have diseased, dying, or dead animals on the premises.
  • Most animal hoarders who come to the attention of authorities are single, widowed, or divorced women (although community-sampling studies find an equal ratio of males to females).
  • Up to 40 percent of people who hoard things also hoard animals.
  • All hoarders relapse without treatment

It’s the law: CT animal advocacy measure among those now in effect

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Some time ago, I blogged about Connecticut legislation drafted to permit lawyers and would-be lawyers to “represent” animals in certain cases.

Since my first post, Connecticut Governor Dannel P. Malloy signed the bill into law. I am now happy to report that he Act Concerning Support For Cats and Dogs that are Treated Cruelly officially took effect Oct. 1.

To refresh your memory, the law allows attorneys specializing in animal cruelty and neglect cases — and law school students with an interest in the subject — to “advocate for the interests of justice in certain proceedings involving animals.” There are three circumstances in which this can happen:

Eli, the In Brief Legal Writing Services mascot.
In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic
  • In animal cruelty or animal fighting cases
  • In “court proceedings stemming from an animal control officer’s seizure of a cruelly treated or neglected animal”
  • In “criminal cases involving the welfare or custody of cats or dogs.”

Qualified advocates (selected from lists kept by the Department of Agriculture) can now attend hearings, act as observers and provide relevant information to the judge or “fact finder.” In certain circumstances, they can also issue recommendations.

In accordance with the new law, any party involved in the case can request a special advocate’s services. The court can also appoint a special advocate.

The law is also summarized here.

New rules pertaining to human trafficking, bed bugs, child support, protection for victims of domestic violence, abuse in nursing homes, and medicinal use of marijuana also took effect Oct. 1.

Now that makes for a lot of blog fodder. So stay tuned…

Advancing animal advocacy

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A new rule currently pending review by the Connecticut General Assembly’s Joint Judiciary Committee calls for additional advocacy for neglected and abused animals.

Speaking up for those who can’t

As proposed, Connecticut House Bill 5344 would allow “a separate advocate” to be appointed “to represent the interests of the animal” or “the interests of justice” in certain cases.

The person selected from a list of qualified volunteers kept by the Commissioner of Agriculture would:

  • Monitor the case
  • Obtain information that would assist the judge or fact finder through consultations with relevant individuals
  • Review relevant records
  • Attend hearings
  • Issue relevant recommendations

Passion and professionalism

The selection of an advocate selected in a case specified under the new rule could be made by the court itself or at the behest of a lawyer or party involved in the case. The advocates would either be attorneys “with knowledge of animal issues and the legal system” or law students from schools that “have students or anticipate having students with an interest in animal issues and the legal system.”

Participating students would be bound by specific guidelines pertaining to legal interns set forth in the Connecticut Practice Book. The “book”  includes the Rules of Professional Conduct, Rules for the Superior Court and Code of Judicial Conduct for Connecticut lawyers.

Personal perspective

Well, here’s another “no-brainer.”

Eli, the In Brief Legal Writing Services mascot.
In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

As evidenced by numerous articles on the subject, animal law is a growing discipline requiring a specific skill set. Allowing a separate advocate with the necessary knowledge and/or passion for and interest in the work to do the “heavy lifting” in  cases involving “the welfare or custody of an animal” benefits everyone involved. For one thing, it takes the burden off lawyers who aren’t as well-versed in this particular area. More importantly, it ensures that the person making the final decision has all of the information he or she needs in order to do so.

But most importantly of all, it ensures that there is a “voice” for those who can’t speak for themselves.