Former kennel owner Ervin Zimmerman was found guilty Wednesday of 11 counts of animal cruelty and five counts of violating state dog law regulations.
Zimmerman's attorney, Richard K. Teitell of Bala Cynwyd, said he will appeal District Justice Daniel B. Garrett's findings.
Jeff Paladina, prosecutor for the state Bureau of Dog Law Enforcement, which filed the violations, said each count carries a maximum fine of $300.
"I'm happy (with Garrett's decisions), but at this point, this is only Round 1," Paladina said.
Zimmerman's kennel at 400 W. Metzler Road, Ephrata, failed seven state inspections from June 5 to Oct. 11 for unsafe and unsanitary conditions. The state at that point revoked Zimmerman's license, which allowed him to keep more than 250 dogs on the premises, effectively putting him out of the large-scale dog-breeding business.
In addition to the fines Garrett may impose, the district justice ordered Zimmerman forfeit 18 dogs seized in a Nov. 3 raid on his kennel by officers working for Humane League of Lancaster County. The dogs — including poodle mixes; cairn, Jack Russell and West Highland terriers; and schnauzers — have been in the league's custody since then. Garrett also prohibited Zimmerman from keeping any dogs for up to two years.
Zimmerman did not attend Wednesday's hearings at Garrett's Lititz court, and Garrett did not announce penalties against Zimmerman on Wednesday. Zimmerman has 30 days to appeal Garrett's decisions to Lancaster County Court.
During two lengthy back-to-back hearings, state dog law wardens and Humane officers testified they warned Zimmerman that failure to clean up violations at his kennel before would land him in court.
Humane officer Danielle Ball was called to Zimmerman's kennel by state dog law inspectors after they observed during a Nov. 2 inspection dogs and puppies that appeared to be neglected and ailing.
Ball testified Wednesday that photographs of the dogs seized Nov. 3 showed dogs suffering dehydration, open wounds and sores, infections, fractured limbs, amputated paws and severely matted hair. One puppy's hind paws had apparently been chewed off by its mother; another dog's leg appeared to be broken.
"One dog was so severely matted, it couldn't even go to the bathroom," Ball testified. "It had feces so built up in its butt, it had no place to go."
Ball also testified that when Zimmerman saw Humane officers approaching his kennel Nov. 3 to execute a search warrant, he fled on foot. Ball said they located him at his home about a half-hour later.
Lancaster County Humane League veterinarian Bryan Langlois testified that his examinations of the seized dogs confirmed Ball's suspicions that Zimmerman had denied the dogs proper treatment and veterinary care.
"All these dogs were denied veterinary care (that would have let them) obtain good quality of life," Langlois testified.
Zimmerman's attorney, Teitell, argued that none of the dogs suffered life-threatening medical conditions, and a vet had visited Zimmerman's kennel within a week prior to the execution of the search warrant. Teitell also said the dogs' ailments could have developed over the two days between the time they were seized and when the photos were taken.
"I know these photographs depict conditions of which your honor does not approve," Teitell said. "There are indications of matting, but matting is not a condition that would subject a kennel operator to a finding of cruelty. Many of these photos were taken two days (after the dogs were seized). Many conditions change in two days."
Assistant District Attorney Christine Wilson, who prosecuted the animal cruelty charges, said the statute does not require that dogs suffer life-threatening illnesses to prove neglect and animal cruelty.
For the state kennel violations, dog warden Kristen Donmoyer testified Zimmerman's kennels repeatedly failed inspections because they were filthy and poorly maintained. She also cited Zimmerman for not keeping records of rabies vaccinations — the only oversight the bureau has for kennel operators like Zimmerman, who are certified to administer rabies vaccine to dogs themselves.
Donmoyer testified Wednesday that Zimmerman's kennels were inspected Aug. 8, Aug. 22 and Oct. 11, and he was repeatedly warned or cited for conditions.
"The smell of urine and ammonia was so strong that it was hard to breathe," Donmoyer said. "It almost made me gag. That (ammonia odor) was evidence of the urine buildup."
Donmoyer testified that dogs were housed in kennels covered in feces, urine, mold, hair and dirt, indicating Zimmerman did not sanitize them at least daily, as required by state law. She said she found decaying rats in some cages with dogs in them.
She also testified that the dog food was contaminated by feces, debris and rust chips.
"The food was so moldy, it was white, green and blue," Donmoyer said. "… The feces in the food was so old, it was turning white."
Langlois testified that such conditions can spread disease and bacteria among a kennel population.
Teitell said Zimmerman did not attend the hearings because his wife had had surgery.
Teitell said he expects to present much more defense evidence during appeal.
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