| 07/28/2005 |
| Animal officer’s application rejected |
|
A judge has denied a humane society police
officer’s application to serve in that role in Wayne County, leaving the
county without an officer to investigate neglect or cruelty complaints.
Elizabeth Anderson, of the Mountain Humane Society based in Tafton, Pike
County, had petitioned the Wayne County Court for authorization to serve
in the county.
But the district attorney challenged her request, citing a state law that went into effect at the end of May. The law — Act 205 of 2004 — allows certain nonprofit corporations to petition county court for appointment of one or more humane society police officers. The officers can investigate reports of neglect or cruelty to animals and have legal power to seize animals or levy fines against owners. Part of the law allows also for applicants to be challenged if it is believed they acted improperly. Wayne County District Attorney Michael P. Lehutsky argued at a July 5 hearing that Ms. Anderson intentionally filed misleading paperwork requesting a search warrant for an alleged neglect case last December. He said his office most likely would not have issued a search warrant had all the evidence been disclosed. The case involved an aging pony in Lake Ariel named Candy. Ms. Anderson said the animal was being neglected even though a veterinarian disputed the claim, telling Ms. Anderson the allegation was untrue. She failed to mention that the pony was receiving medical care, according to testimony. In an eight-page opinion filed Tuesday, Wayne County President Judge Robert J. Conway said he found Ms. Anderson’s conduct violated Act 205 and denied her application. “The court finds that (Ms. Anderson) made a purposeful omission of material fact in not including in the affidavit of probable cause that (the pony was under a veterinarian’s care) and that in (the veterinarian’s opinion) the pony was not neglected,” Judge Conway ruled. “Thus, Ms. Anderson abused her power to obtain and effectuate search warrants by omitting material facts. ... “The court finds also that this conduct was substandard of conduct normally expected of humane society police officers as required by (the state law.)” Mr. Lehutsky said the judge made the right decision based on the facts of the case and the requirements under Act 205. Efforts to reach Ms. Anderson were unsuccessful. Her attorney, F. Emmet Fitzpatrick, reserved comment until he sees the judge’s order and talks to Ms. Anderson. Contact the writer: aseder@timesshamrock.com |