Morning Sentinel
STATE TO CARE FOR ANIMALS
Reader Comments (below)
story tools
sponsored by
BY BETTY JESPERSEN
Staff Writer
Kennebec Journal & Morning Sentinel 11/21/2009

FARMINGTON -- More than 40 animals seized from a New Sharon home in connection with an animal cruelty case will remain, for now, under the care of the Maine Animal Welfare Program.

On Oct. 16, officials seized five dogs, eight cats, one 300-pound potbellied pig, two alpacas, one donkey, three rabbits, two cockatoos, one parrot, two cockatiels, two chinchillas, seven chickens, five ducks, three young turkeys, and one young guinea hen from the home of Carol Murphy, according to court documents.

On Friday, state veterinarian Dr. Christine Frazier said the animals suffered from malnutrition and dehydration in "filthy" conditions.

Frazier testified Friday at an animal possession hearing held Friday in Franklin County Superior Court. The case was scheduled to resume Nov. 30 following two and a half hours of questioning of Frazier by Assistant District Attorney Andrew Robinson and Murphy, who represented herself in court.

Murphy, 65, of 248 Lane Road, is in jail in lieu of $10,000 cash bail on multiple charges that include criminal use of an electronic-stun weapon on a Maine State Police Trooper who tried to arrest her in October.

Murphy, 65, of 248 Lane Road, is in jail in lieu of $10,000 cash bail on multiple charges that include criminal use of an electronic-stun weapon on a Maine State Police Trooper who tried to arrest her in October.

Murphy is charged with refusing to submit to arrest, assault and animal cruelty. She also faces contempt of court charges for allegedly violating a previous court order banning her from possessing animals in her lifetime.

In 2005, Murphy was convicted of animal cruelty and four counts of illegal possession of wildlife. At her trial, officials described the conditions in her home and barn as "horrific" and said her animals were suffering from starvation, dehydration and exposure.

A possession order for the animals is necessary for the state to put them up for adoption or sale, or to dispose of them humanely. An order can also put a lien on Murphy's property to recoup the cost to the state for the food, board, veterinary, and transportation expenses the state has incurred so far.

Currently, the animals are being cared for at shelters across the state.

Murphy's contempt of court hearing is set for Jan. 22. On Monday, a Franklin County grand jury will review the criminal charges against her.

Murphy on Friday repeatedly denied she had mistreated the animals. She told Justice Michaela Murphy that the animals' cages were clean on the day she was arrested and that she had been regularly feeding the animals, giving them fresh water and treating them for ear infections, fleas and worms. She said she had $7,000 in vet bills and bags of pet food at her house to prove that she was taking care of the animals.

Murphy said the animals' cages were filled with urine and excrement, and their food and water dishes empty, because police arrested her and no one was home to care for the animals.

Murphy was arrested late in the afternoon on Oct. 15 and animal welfare officials arrived at 9 a.m. the following day. Frazier said they did not respond that night because of safety concerns.

"The (animals) were by no means filthy and disgusting," Murphy said of the crates. "My animals were fed several times a day. I don't think that is animal cruelty."

The state's veterinarian disagreed.

"It had been longer than a day and a half," Frazier said. "The (animals) were underweight and dehydrated. That did not happen overnight. Their condition was not consistent with being fed three times a day."

According to testimony, most of the animals were living in stacked crates in various rooms of the house. Frazier said the smell of feces and the high level of ammonia from the urine was nearly overwhelming.

"That is very detrimental to animals. It affects their respiratory system and is a very poor environment for any living creature," Frazier said.

She described animals in various stages of emaciation and some that were clinically dehydrated. They were infested with fleas, had yeast infections in their ears, and many were caked with feces, she said. The pig's hooves were severely overgrown and splayed, a condition which prevented it from standing without great difficulty and pain, she said.

According to Frazier, the exotic birds and rabbits also had overgrown nails; litter boxes for the cats were overflowing; and many caged animals were wet with feces and urine. The barn animals also had no food or water, she said.

Carol Murphy said the wet conditions Frazier described and the urine-and- feces- soaked animals were caused by the pets tipping over their water dishes and defecating in their food.

"I wasn't in my house to take care of them," she said.

Frazier said one of the chinchillas has since died of pneumonia, which she attributed to the poor air quality. An examination of the body of a guinea hen that died found it succumbed from parasites and lack of food, she said.

Carol Murphy tried to bring up the 2005 arrest and seizure of her animals, which she said violated her constitutional rights, and she demanded the right to have a private veterinarian examine the seized pets.

Justice Michaela Murphy said the only issue being considered at the possession hearing was whether Carol Murphy can show why the animals should not be turned over to the state immediately.

Betty Jespersen -- 778-6991

bjespersen@centralmaine.com