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Animal-cruelty trial set to begin
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BY BETTY ADAMS
Staff Writer
Kennebec Journal & Morning Sentinel 04/25/2009

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BY BETTY ADAMS

Staff Writer

A 79-year-old Somerville woman is scheduled to go on trial Monday on charges she mistreated and neglected more than 70 animals, which state officials seized from her home on Jan. 18, 2008.

Fern Clark, who held a municipal license to operate a dog kennel, has pleaded not guilty to five counts of aggravated animal cruelty and 16 counts of criminal cruelty to animals.

The nonjury trial is expected to begin at 8:30 a.m. in Lincoln County Superior Court in Wiscasset before Justice Andrew Horton. It will continue on Tuesday and then is scheduled to pick up again on Friday.

Clark fought the state's seizure of 66 dogs, four cats and one bird but lost at the superior court level. That decision was upheld in December 2008 by the Maine Supreme Judicial Court.

Clark maintains she loved and cared for her animals.

"The defendant's property most precious to her has been seized," her attorney Andrews Campbell, wrote in a court document.

Clark said she was away from her Hewett Road home when animal welfare agents seized the animals. She said she kept her animals clean and fed. Her initial state license application said she kept Chihuahuas, Shih Tzus and Cairn terriers.

Assistant District Attorney Andrew Wright argued that state animal welfare authorities acted properly.

In the May 2008 indictment, the five aggravated animal cruelty charges say Clark "in a manner manifesting a depraved indifference to animal life or suffering, (and) did intentionally, knowingly or recklessly cause extreme physical pain to kill or physically torture an animal."

The charges are based on findings by Dr. Christine Fraser, a veterinarian for the Animal Welfare Program. Fraser filed an affidavit with the court saying two dead dogs found in Clark's freezer had suffered extreme pain from a lack of medical or veterinary attention. Two other dogs had severe dental infections, and a cat was found to be suffering from severe malnutrition. Fraser said all needed medical attention.

The misdemeanor animal cruelty charges say Clark, "being the owner or possessor of an animal, did intentionally, knowingly or recklessly deprive that animal of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions."

Animal welfare officials obtained a warrant to search Clark's home after a Massachusetts woman who said she took animals from Clark's home was questioned in New Hampshire.

Amy Moolic, of Dracut, Mass., was found to have 22 dogs in her car. Two were dead. She told police she "saved" 10 dogs from Clark's home.

Clark said Moolic took nine dogs and was supposed to place them in good homes. The dogs that were found dead did not come from her kennel, Clark said.

Clark was acquitted in 1994 of similar animal-cruelty charges but convicted of assaulting a state animal welfare agent who was in the process of investigating complaints against her. The assault charge was a misdemeanor.

In an interview last summer, Clark said she had kept dogs for 35 years.

Bail conditions ban her from having animals.

Betty Adams -- 621-5631

badams@centralmaine.com

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