Union County woman accused of mistreating 250 animals
04/23/2003
MONROE, N.C. -- Police discovered more than 250 dogs at a woman's Union County
home. Investigators say some may have never been outside. And police say it's
not the first time their owner has been accused of mistreating animals.
Animal control officers say they've already had to put five of the dogs to
sleep and they've only been able to examine about one third of the animals
seized. The Maltese, Pomerians, Chihuahuas, Yorkshire terriers, Shih Tzus and mixed
breed small dogs were held at the county animal shelter. They say the breeder, Naomi Deloris Perez, 77, was accused of animal cruelty
ten years ago but the case was thrown out.
Humane Society and animal control leaders say the dogs were knee deep in their
own waste and crammed together in rabbit hutches when they found them at a Union
County farm. A worker who examined the animals say she believes some of the dogs never
touched grass or saw the light of day. Now an impromptu team of volunteer veterinarians is seeing them one by one -
giving shots, cleaning them and providing immediate treatment. Doctors say nearly all the dogs need help and that most are malnourished and
have fleas and ticks. Many have problems with their mouths and eyes but the
veterinarians say most of the dogs can get better. Local animal hospitals are giving many of the animals foster homes for now.
6NEWS tried to contact Perez but was unable to reach her. Police say she's facing animal cruelty charges. The Humane Society hopes this
case will lead to a strengthening of the laws that protect animals. The dogs, ranging in age from 1 week to 12 years, can't get permanent
placements because investigators consider them evidence. Five dogs had to be euthanized, including a 12-year-old Yorkshire Terrier
with a broken jaw, broken leg and only two teeth. The Associated Press contributed to this story.
252 dogs seized in
raid at Union County home
Investigator says pups `packed like eggs in cases' in
`putrid' house
Staff Writer
Posted on Thu, Apr. 24, 2003
MONROE -Union County animal control, law enforcement and animal activists seized 252 dogs Tuesday from a home that had conditions a sheriff's detective described as horrific.
Authorities said the owner was breeding the dogs and selling their puppies for about $400 each. Susan Marsh, the county's animal control supervisor, said she had seen similar operations, sometimes known as "puppy mills," but none quite as big.
The idea, Marsh said, is to "breed them as fast as you can, as much as you can and sell them for as much as you can."
The Sheriff's Office on Wednesday issued a criminal summons charging Naomi Deloris Perez, 77, of 3516 Pageland Highway, with animal cruelty, investigators said. If convicted of the misdemeanor, she could be fined, or sentenced to community service, probation or jail time, Detective John Ingani said.
Perez did not respond to several calls to her home Wednesday.
Meanwhile, the Maltese, Pomerians, Chihuahuas, Yorkshire terriers, Shih Tzus and mixed breed small dogs are being held at the Animal Shelter, getting veterinary treatment and awaiting temporary placement in foster homes while the case is being resolved. The dogs, ranging in age from one week to 12 years, can't get permanent placements because investigators consider them evidence.
The seizure came after a months-long effort by the county's Humane Society, begun when it received a complaint about a sick puppy.
Society members later went to the home posing as dog buyers and took photographs and videos of the site's conditions, Marsh said.
On Monday, they approached the Sheriff's Office with the images.
Around 6 p.m. Tuesday night, Sheriff Eddie Cathey, five officers, shelter staff and Humane Society members entered the approximately 35-acre property with a search warrant and found dogs "packed like eggs in cases," said Ingani.
Dogs were in several trailers and running free in the main house, he said. The team spent the next six hours catching, tagging, photographing and packing up the dogs.
Ingani described the conditions as "wretched, putrid and horrific."
Three to four inches of feces coated the floor of the main house, a broken refrigerator sat open containing rotten food, and the smell was overpowering, said Lisa Duray, vice president of the local Humane Society.
"I'm an old farm boy. I've seen a lot in my life, but walking into that house ...," said shelter attendant Chuck Davis. "You think about if you see the worst garbage-infested, roach-infested area and times it by 10."
Perez's first court date is May 6, but the entire proceedings could take as long as two years, shelter officials said. Perez faced a similar charge in 1993. Union County's District court found her guilty of animal cruelty but the case was dismissed in Superior Court on appeal almost a year later.
On Wednesday, the shelter held more than its capacity, with 30 cages meant for four small dogs holding as many as 14.
The dogs looked ragged. Some had hair matted into dreadlocks, infested with ticks, fleas or lice.
Some dogs also have health problems ranging from premature cataracts to malformed legs from the close quarters and bad breeding, Marsh said. "It comes from indiscriminate breeding, and not making sure your breed stock is good breeding stock when you start."
But she said the dogs weren't malnourished.
About five dogs needed to be euthanized. Staff members are placing the remaining dogs in designated foster homes with veterinarians, groomers and animal rescue volunteers who swarmed the shelter throughout Wednesday, offering their help and living quarters.
Humane society members also tried to return to the home Wednesday to pick up at least three remaining dogs, some cats, a litter of kittens and a parrot, but didn't have another warrant.
Want to Help?
Individuals cannot provide foster homes, but the Union County Humane Society is accepting cash to help pay for care. Send checks to:
Humane Society of Union County
P.O. Box 101
Monroe, N.C. 28105
Owner of dogs says
illness cut care level
77-year-old disputes allegations
Staff Writer
Posted on Fri, Apr. 25, 2003
MONROE -Delores Perez saw her dog Missy on television Wednesday night, sitting in a cage at the Union County Animal Shelter.
Missy and 251 other dogs had been taken from her home the night before, and broadcasts were filled with how the 77-year-old ran a squalid "puppy mill," where she bred the dogs for money in ramshackle trailer homes coated with up to four inches of feces.
Missy, short for "Mystery," has only one eye and needs daily medication. Perez worries the sickly dog will be euthanized.
She acknowledges she had many more dogs than she could care for. Yet she said they were healthy and she was starting to trim the matted fur for summer.
But the winter had already taken its toll.
"I've been able to do all this for years, until this year," she said. "I got sick and I started falling down the tube. That's the bottom line. I don't think anybody really understands."
Union authorities have charged her with animal cruelty, a misdemeanor that could bring a jail term or fine. Some, however, say it's not an example of a crime but one of a woman burdened by age with few protections to catch her if she falls.
"This is a sad story," said Robert Neunzig, a veterinarian of 25 years and animal advocate who has testified in what he said are remarkably similar "puppy mill" cases. "This is a societal story, not a criminal story, of a little old lady who lost her ability to do something she loves."
Union County and North Carolina have few laws to protect dogs. Breeders who sell to stores must receive a permit from the Agriculture Department, Neunzig said. But, he added, anyone can buy a few dogs, breed and sell them.
Some counties have special zoning laws, however, limiting the sales of animals from homes. Union requires such special use permits, but zoning office staff said information on Perez's permits wasn't available Thursday.
Unlike many counties, Union doesn't have a minimum housing code, said county Health Department Director Lorey White. That means people can live however they want, he said.
Social Services can step in, he said, but only if the family requests assistance.
Perez said she doesn't know how to get out of this situation. Many of her dogs have been raised in kennels, not house-broken like a family pet.
"People don't want a dog like that," she said. "The poor thing's probably going to be left on the side of the road. That's not my idea of being humane."
She said she's been raising dogs for 50 years, at one point showing Chihuahuas. In Union County since 1984, she continued breeding Maltese, Pomerians, Chihuahuas, Yorkies, Shih Tzus and other small dogs.
While she said she charges $50-$1,200 per dog, with those taken worth $50,000, she hasn't made a profit in years. She said she has enough money from land deals to pay her bills.
But it's getting too hard. She suffers from rheumatoid arthritis and couldn't get her pain relief shots this winter.
"If it had been a normal winter, I would not have been in this shape," she said. "But then it seemed endless."
The pipes burst. The stove went up in flames. The washing machine broke. At times, she said the dirt road to her home was too muddy for her to get out and too muddy for repairmen to get in.
"If people don't live it, I don't think they understand it," she said. "It's worse because I'm sick. The cold. The short days. I was getting so I didn't want to get up in the morning."
She wouldn't let a reporter into her home Thursday, and talked through a crack in the door. Flies buzzed in the yard. A dead mouse lay by her porch. Foul odors emerged from the trailers and wooden house. Only one dog barked from the yard.
"I've always lived loose because I don't care about yards," she said, "and I don't care about things."
In 1993, authorities raided her home for similar concerns but didn't take the dogs and charges were dismissed on appeal.
White was part of the raid. "If I remember, the animals didn't seem to be in the shape they were in this time," he said.
Neunzig, who co-chaired a Gaston County task force that spent the past year investigating puppy mills, said he's seen similar situations, though he's unfamiliar with details of the Perez case.
"These people weren't monsters," he said. "In fact they loved animals very much. They were just doing a bad job ... If (Perez) was a mean and hateful person is there any way she could have gotten away with it for 50 years?"
Perez doubts she'll get the dogs back. "I know that people don't think I should be doing it, but as I said, I'm appraising that."
She said things were just starting to improve.
"I'm getting better since the sun came out."
Kytja Weir: (704) 358-6576; kweir@charlotteobserver.com
Overflow
of help shows at shelter
3 days after seizure, only about half of 252 dogs are clean
Staff Writer
Posted on Sat, Apr. 26, 2003
MONROE -Union County's Animal Shelter was swarming with volunteers Friday and the phones rang constantly, at times jamming up the two lines.
People from around the region have been offering to help the 252 dogs seized Tuesday from the home of a 77-year-old woman who bred them in squalid conditions in her Union home.
Delores Perez admits she had more dogs than she could handle but denies they were neglected. She now faces an animal cruelty charge, a misdemeanor that could bring a jail term or fine, with a May 6 court date.
By Friday afternoon, the animal rescue squad had looked over and cleaned only about half the dogs. Union County Humane Society Vice President Lisa Duray said they likely won't finish until Monday.
The dogs were worse off than initially thought, she said. Once the fur was trimmed, volunteers could see cuts, injuries or malformations.
About one quarter of the female dogs might be pregnant, Duray estimates.
Volunteer groomers such as Debbie Ennis of Midget's Grooming Station in Monroe plowed on through the work, clippers in hand. Matted dog fur clung to the concrete floors. "What's so hard," she said, with a squirming mixed breed in her hands, "is half of them act like they've never seen the clippers."
Only four of the dogs have needed to be euthanized, Duray said. That's fewer than she expected because some of the nine volunteering veterinarians took the sickest dogs home to nurse back to health. About 60 dogs have already been examined by the vets and placed in foster homes.
Many people are calling asking if they can offer their homes. Mary Maners had a yellow pad with 25 names as a waiting list for once the case is resolved. A 26th called.
"We'll be pleased to contact you and you can make your choice," Maners said. "If you're really looking for a way to help out in the interim, while you wait for your puppy, we could use money."
The shelter has at least seven pages, three columns per page, of people volunteering to adopt.
"I think a lot of people think they can get a full-bred dog for free," Maners said. She and others there warn these aren't all puppies and house-broken dogs.
"These are not the pretty puppies you see on the calendars or the dog breed books," said shelter supervisor Susan Marsh. "Most of them will have lasting health issues."
What the Humane Society truly needs, volunteers said, is cash to pay for medical treatments and small items such as leashes and collars.
Area businesses have already chipped in. Food Lion donated 800 pounds of dog food. Charlotte's Pet Essentials donated shampoo. Hotels have donated old towels and sheets.
Duray said they also need people -- those who can join the Humane Society. "We need people just to join the Humane Society to be a voice for the animals of Union County," she said.
How to Help
If you want to help, here's what you need to know.
• Adopting a pet: None of the dogs can be adopted until the legal case has been resolved. The Humane Society is placing the dogs in foster care but only with licensed, nonprofit animal rescue groups in North Carolina.
However, the Humane Society is collecting names for a waiting list of potential adoptive owners.
To join a waiting list, e-mail: HSUC@earthlink.net.
To join a list of certified rescue groups to give foster care, e-mail: donnaezzell@charter.net.
• The Humane Society also needs donations:
Small collars, leashes, instant film, 35 mm film, paper towels, flea and tick shampoo, high protein puppy food (specifically brands such as Iams or Science Diet), Frontline for small dogs, dog ear powder, dog nail clippers, A-5 Oster fur clippers, grooming aprons, smocks, rubber aprons, cage dryers.
Cash donations are especially welcome.
Send all donations to:
Humane Society of Union County
P.O. Box 101
Monroe, N.C. 28111.
• Fund-raisers: Kate's Skating Center is raising money for the dogs' care through a skate night, 6:30-9 p.m., Wednesday, at 14500 U.S. 74 east in Indian Trail. Tickets cost $5, said owner Kerry Metts, and 100 percent of the proceeds will go the Union County Humane Society. Details: (704) 821-7465.
5 more animals seized at Union County home
UNION COUNTY - 4/27/03
MONROE -- Authorities seized five more animals Saturday at a Union County home where more than 250 dogs were found in squalid conditions last week. Officers confiscated two more dogs, two kittens and a parrot, said Susan Marsh, the county's animal control supervisor. Authorities were unable to capture the two dogs when they raided the home Tuesday, Marsh said. And they weren't allowed to take the bird and the cats Tuesday because the initial search warrant only allowed the officers to seize dogs, Marsh said. So officers returned Saturday with another warrant, she said. Naomi Deloris Perez, 77, of 3516 Pageland Highway is charged with animal cruelty in connection with the case.
A dog and four cats have eluded capture, and officials are trying to figure out how to retrieve the animals, Marsh said. Meanwhile, she said, work continues to care for the animals, with veterinarians volunteering for health checks and others helping clean them up, Marsh said. Nearly 1,000 people have volunteered for adoptions, she said. -- HEATHER HOWARD
POSTED:
UPDATED:
Community support is also pouring in and humane officials have been receiving calls all morning.
According to officials, approximately 100 calls and 400 e-mails have already been received from people wanting to help the dogs.
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Shelter officials say they are in need of monetary donations and that 80 dogs are being treated each day.
Officials say the woman who owned the dogs will face animal cruelty charges.
Authorities found more than 250 dogs on a farm owned by 77-year-old Delores Perez.
Officals say many of them have eye problems, skin disorders, and decaying teeth. A team of veterinarians is treating the dogs.
The animal control supervisor says the dogs were used for business purposes, like breeding, only.
"We have animals back there from this property that were used for nothing but breeding - never socialize - never been handled - never a pet to anybody - their sole existence was to produce puppies to sell," said Animal Control's Susan Marsh.
The
Hours are
For more information, the shelter can be reached at (704) 283-2308.
Directions to the shelter are as follows: From Monroe take Hwy. 74 W., turn left on Rocky River Rd., cross Old Charlotte Hwy., turn right at Goldmine Rd. (at caution light), cross Airport Rd., go .8 of a mile, shelter sign is on the right.
Unfortunately, none of the dogs can be adopted at this time because they are evidence in a legal case.
PETA urges DA to "vigorously prosecute" Union County dog breeder
05/05/2003
MONROE, N.C. -- People for the Ethical Treatment of Animals, PETA, has written
to the Union County District Attorney urging him to “vigorously prosecute”
Naomi Deloris Perez.
The 77-year-old is scheduled to appear in court tomorrow on animal cruelty
charges. Authorities raided her farm last month and found more than 250 dogs
that were being bred. Humane Society and animal control leaders say the dogs were knee deep in
their own waste and crammed together in rabbit hutches when they found them. A worker who examined the animals say she believes some of the dogs never
touched grass or saw the light of day. “If the allegations are true, Perez’s disregard for the lives and
suffering of animals should be viewed as a red flag,” said PETA Casework
Supervisor Martin Mersereau. “Should Perez be found guilty or should she enter
into a plea argument, we implore the court to take every measure possible to
ensure that she won’t hurt any more animals.” PETA is asking that is Perez is convicted that she undergoes a psychological
evaluation and mandatory counseling. Monroe dog
breeder retains new lawyer, court appearance set for May 20
05/06/2003
MONROE, N.C. -- The woman accused of mistreating more than 250 animals on her
Union County dog breeding farm has retained a new lawyer.
Naomi Deloris Perez, 77, was scheduled to answer to animal cruelty charges
Tuesday but her case was continued until May 20. Her lawyer asked for the continuance because he was retained just yesterday. Two of the dogs seized from Perez’s farm have been put to sleep. The other
dogs have been placed in foster care. Approximately twenty people were in court today on behalf of the animals.
PETA or the People for the Ethical Treatment of Animals has written to the
district attorney asking that if convicted, Perez undergo a psychological
evaluation and mandatory counseling.
Animal lovers stir as cruelty case sits still MONROE
- About 20 animal rights advocates flocked to Union County's
courthouse Tuesday to hear the case against Delores Perez, a 77-year-old
charged with misdemeanor animal cruelty after more than 250 dogs were
seized from squalid conditions at her home. Proceedings were brief, as the District Court judge delayed the case
until May 20. Although anticipated drama in the courtroom fizzled,
activity around the case grows. People across the country have called the Union County Sheriff's
Office, the district attorney and the animal shelter about the case. Cash
donations to the Humane Society -- already totaling $18,000 -- continue to
pour in. The international group People for the Ethical Treatment of Animals is
urging the courts to put Perez out of business. State legislators are trying to tighten animal cruelty laws and breeder
regulations. Weeks before the Perez seizure, Sen. Fletcher Hartsell, R-Cabarrus/Rowan,
introduced a bill to bolster animal cruelty laws. It passed the Senate
last week and, if approved by the House, would allow judges to issue
injunctions in cruelty cases permanently removing animals from owners. Sen. Fern Shubert, R-Union, is trying to strengthen the bill to
increase regulations on breeders, who currently are inspected only if they
sell to pet stores. (Perez sold dogs directly from her home to individual
owners.) Rep. Pryor Gibson, D-Anson/Montgomery/Union said legislators should
empower local governments to act. "Anytime we touch anything having to do with animal cruelty
statutes, it generates a lot of opinions. It's really a Pandora's
box," he said. "Far extremes from either side come in and taint
the middle." The 254 dogs, two kittens and a parrot seized during two raids on
Perez's Union County home are now in foster homes or under veterinary
care. They cannot be given to permanent owners until the case is resolved. Perez has said that as she aged, she was unable to care for so many
dogs. Since 1992, she has had rheumatoid arthritis and has had increasing
difficulty caring for the animals, she said. 11 Union dogs find love, care, safety in
Concord People from across the region are helping care for 254 dogs seized
last month after being bred in squalid conditions in a Union County
home. Mary Lou Diener of Concord is one of those volunteers. Diener, a foster parent for the Humane Society of Concord &
Greater Cabarrus County, is caring for 11 of the Union County dogs,
along with seven others from Cabarrus. That's on top of her own six
dogs. (Usually, she cares for only about seven other dogs at a time.) "You do what you can to help," Diener said. "From what
they lived in, this is heaven for these little dogs." For the past week, Diener -- a red-headed woman who baby-talks to the
dogs -- has shuttled the Union dogs to veterinarian appointments. She's
named all of them. Eight of the 11 dogs have had surgery. One dog -- a shiatsu named
Flash Gordon -- had to have an eye removed. Because of the court case, the dogs can't be adopted yet -- and they
can't be spayed or neutered, either. Residents can adopt the Cabarrus
dogs, though. On Tuesday, a judge delayed for two weeks the case of Delores Perez,
the 77-year-old Union County woman who owns the dogs. "It's OK that they're in foster care, because they're getting
well and getting socialized to make them ready, hopefully, for future
permanent homes," said Cindy Poppino, president of the Humane
Society of Union County. A retired registered nurse, Diener has helped care for more than 700
dogs in recent years, she said. She helps get them healthy enough for
adoption. The dogs stay in playpens and kennels in Diener's heated and
air-conditioned garage. They're living quarters are filled with towels and stuffed animals. When a visitor enters her garage, the dogs yelp and jump. Normally,
they're quiet, Diener said. The care is a full-time job. Diener, who isn't paid for the animal
foster care, wakes at 5 a.m. to begin feeding them. She walks them -- one or two at a time -- six times a day, ending the
task at 10 p.m., she said. Diener and her husband moved to Cabarrus County seven years ago from
the Chicago area. They don't have children, but they keep framed
portraits of their dogs on a wall in their living room. She's used to animals -- she grew up on a farm in Nebraska -- but has
had only dogs for the past 13 years. Diener gets Christmas cards from the families some of her former
foster-care charges. "I want to see them happy," she said. Want to Help? Residents can donate money for veterinary care, towels and puppy
food. The Humane Society also is looking for people to walk or spend time
with the dogs. To help, or for information on adopting, write to: Humane Society of Concord & Greater Cabarrus County P.O. Box 3104 Concord, NC 28025 or visit www.dogsaver.org/cabarrushumane; or call
(704) 784-4434. Ronnie Glassberg: (704) 786-2185;
rglassberg@charlotteobserver.com Animal cruelty case
raises questions
Response to seizure of over 250 dogs includes
calls, contributions
Staff Writer
Woman gives rescued canine visitors a place to
call home for awhile
Staff Writer
Posted on Thu, May. 08, 2003
Some observers say breeder slipped through holes in
regulations
Staff Writer
Posted on Sun, May. 18, 2003
The case of Delores Perez, who has been charged with animal cruelty after breeding more than 250 dogs in her home, could be resolved as early as Tuesday when it comes before Union's district court.
But even if Judge Chris Bragg delivers his verdict then, not all the questions surrounding the case will be answered immediately. How did it happen? How could future cases be prevented?
Almost a month ago, Perez's home was raided by sheriff's deputies and animal control officers who said she ran a "puppy mill," breeding and selling dogs in squalid conditions. The dogs, two kittens and a parrot were removed, treated by veterinarians and placed in foster homes.
Perez, 77, has denied the dogs were mistreated or unhealthy. She had acknowledged to The Observer she had more dogs than she could handle, and recurring health problems had made caring for them more difficult. But her lawyer, Don Brown, said Thursday she plans to plead not guilty to misdemeanor animal cruelty.
The case meanwhile has garnered national attention, with more than 3,800 people signing an electronic petition put together by a Las Vegas woman. It asks to "make North Carolina a sane, civilized place for the helpless creatures whose care is our responsibility."
To many familiar with the situation, Perez seemed to have slipped through the network of state and local protections for people and pets. State regulations didn't apply to her, local zoning laws didn't keep track of her and a "no trespassing" sign on a gate kept authorities off her property.
Union County Animal Control said it has had concerns for more than a decade about Perez's 20-year-old business but made just one other attempt to stop it, in 1993. That raid resulted in a similar animal cruelty charge that was dismissed on appeal. The next set of raids came April 22.
Animal control officials say other investigations were hampered because they couldn't access her property, and they couldn't find people willing to testify. Other Union officials who could have checked her business said they never heard complaints, or lacked the power to help Perez unless she asked for it.
They point to holes in state and local regulations. Some say it will take state legislation to change the system. But some state officials say new laws aren't needed because Union County already had the means to prevent such cases. Here are some of the issues:
PETA: Protections `pathetic'
North Carolina is one of 41 states that has strengthened animal cruelty statutes in recent years, animal rights advocate Martin Mersereau said. But like many states, he said North Carolina is "still pathetic" when it comes to protecting animals.As a senior caseworker at People for the Ethical Treatment of Animals, Mersereau said he followed an N.C. case that resulted in no jail time after a dog was set on fire.
"It's hideous," he said. "Just because `felony' is in the (animal cruelty) legislation doesn't necessarily mean justice will prevail."
A state bill passed in the Senate and now under consideration in a House committee would allow judges to permanently remove animals from owners in civil, not just criminal, cases.
State Sen. Fern Shubert, R-Union, has been trying to modify the bill so it could fix holes found during the Perez case. Shubert's provision would regulate breeders, whether they sell to pet stores or directly from their homes as Perez has done. Currently the Agriculture Department only inspects breeders who sell dogs to pet stores.
But her idea has not yet been taken up in the House, she said. Her counterpart, Rep. Pryor Gibson, D-Montgomery, has said local regulations, not legislation, might be the answer. Shubert is talking with the N.C. Association of County Commissioners about what local or state action could be taken.
Inadequate staffing
Some N.C. counties, including Union, already have special zoning laws limiting sales of animals from homes. Union, for example, requires special-use permits for property owners who board, treat or raise dogs in kennels.
But the county's sole zoning inspector, Donald Keziah, said Perez is not listed as having a special-use permit.
While she could have had a permit from whoever owned her property before she bought it in 1984. But a paper filing system limits what he can learn about her property's history, he said. And he said minimal staffing limits how much he can investigate.
He said he never heard complaints about the conditions at Perez's home until days before the April raids. Even if he had, Keziah said he would have needed her permission to inspect the property to confirm it violated zoning and then could only issue fines.
In some counties, Perez's own safety could have allowed intervention. During the recent raid, authorities said they found filthy conditions with up to 4 inches of feces coating her floors. (She said she has since hired people to clean up her property.)
But Union County does not have a minimum housing code, said county Health Department Director Lorey White. That means people can live however they want, he said even if it endangers their own health.
Shelter relies on donations
Animal Control, the county department that handles local animal issues, ultimately led the Perez raid, with the Humane Society and the Sheriff's Office.The nine-person animal control staff is stretched thin on a less than $350,000 budget, supervisor Susan Marsh said. Most of the money covers salaries, she said, and the shelter often relies on donations to feed the 7,500 to 9,000 animals that come through its doors each year.
The county could hire a separate animal cruelty investigator, however, who could enter property without a warrant to seize endangered animals if accompanied by a sheriff's deputy, she said.
County commissioners rejected creating the position last fall, though, she said.
An investigator still would have needed probable cause to seize Perez's animals, she said, but her "no trespassing" sign would also have limited that. "In this case," Marsh said, "I'm not positive an animal cruelty investigator could have made a lot of difference."
Instead, she said the legislators need to pick up the issue: "There's going to have to be tougher laws out of the state legislature."
Upcoming court appearance
Despite the broader questions, both sides are keeping their focus on what happens Tuesday.
Perez's lawyer said his client would plead not guilty. But he said he wasn't willing to discuss what would happen to her dogs or her business if she's acquitted.
The Humane Society, meanwhile, is hoping she'll be convicted, given jail time if possible and barred from having animals again. Judges have discretion in such cases, but District Attorney Kenneth Honeycutt said he doubts Perez could receive much, if any, jail time.
Humane Society lawyer Rodney Alexander has said the society also could seek liens to make Perez reimburse the foster homes. Society president Cindy Poppino hopes the case will fix Perez's situation. "I do think she's got problems but what I'm saying is we're helping Perez here," she said. "I wish she would take this as an opportunity to take care of herself, clean up and get out of the puppy mill business."
Foster mom embraces her canine refugees
McCurdy is among 50 animal rescue group members
who took dogs
Staff Writer
Posted on Sun, May. 18, 2003 - Charlotte Observer
Jody McCurdy takes in those who need help. Last year, she took in Cameron, now 11, as a foster child. McCurdy's 85-year-old mother also has been staying with her after a recent fall.
And almost a month ago she took in two of the more than 250 dogs seized from the Union County home of Delores Perez, a 77-year-old charged with misdemeanor animal cruelty for breeding them in conditions that animal rights advocates are calling a "puppy mill."
At least 50 people like McCurdy who belong to animal rescue groups have opened their homes to Perez's dogs, two kittens and parrot. Anywhere from one to 11 animals are in each temporary foster home.
Some Chihuahuas are with a Great Dane rescue group. Some dogs are as far as away as Greensboro. And two dogs, numbered 001 and 154 following the raids, are with McCurdy.
Until the resolution of the case -- which could be as early as Tuesday when it goes to court -- the animals are evidence and legally belong to Perez. If she is convicted, however, the animals now in foster care might permanently be taken from her and be put up for adoption.
McCurdy says she's grown attached to her two. "I'm hoping we get to keep the babies and give them a good home." Then, cooing to them, she said, "We aren't going back to the dog mill."
The 258 dogs, after being seized in two April raids, were all catalogued and treated by veterinarians at the Union County Animal Shelter. Their photos and medical records, which are stored in eight evidence binders, detail tick and flea infestations, eye infections, sores and matted fur.
Animal Control Supervisor Susan Marsh said even more health problems have been found as their fur has been shaved and they have more check-ups.
Perez, however, has said the dogs were healthy and she was starting to trim the matted fur for summer when they were seized. Furthermore, some who bought dogs from her in recent years have said theirs were healthy.
But when numbers 001 and 154 arrived at McCurdy's Lake Wylie home, she said they were quiet, almost in a coma-like state. Neither dog would drink from a bowl, she said, and neither was housebroken.
"They are precious little angels. They are not mean or aggressive," she said. "But if a dog is caged up, they don't have a personality."
No. 001 is blind in the left eye because of an unknown trauma and had a skin rash, according to his medical report.
No. 154 was worse. His report said he too is blind in his left eye, had skin lesions on his right shoulder, overgrown nails, fleas, ticks, intestinal worms, severe gum disease and respiratory problems.
She's taken them to two specialists. She gives them antibiotics. She cooks them a stew of chicken, green beans and carrots. She lets them sleep in her bed. And she gave them names, not numbers.
The McCurdy family calls them Honey and Happy, and the dogs' personalities have grown into the names.
They turned into the "happiest little campers" this week, she said, and are now running, jumping, playing and barking.
On Thursday, she took the dogs to Indian Trail's Mercy Animal Hospital for a check-up.
Dr. Charles Jones put a stethoscope to the chest of Happy, or No. 154. The crackling of his congested breathing was gone.
"Oh boy, it sounds good," he said. "You're ready to run a marathon, little fellow."
At one point during the exam, McCurdy left the room for a moment. Happy ran along the stainless steel medical table to follow, but skidded to a stop at the edge.
Instead, he followed her with his eyes. And jumped up excitedly when she returned.
Union puppy
mill trial delayed
5/20/2003 3:07 PM
By: Diana Rugg, News 14 Carolina
UNION COUNTY -- The woman accused of animal cruelty in connection with an alleged puppy mill went to court Tuesday in Union County, but her hearing was delayed. Delores Perez, 77, is charged with keeping more than 250 dogs in cages at her home.
About two dozen animal activists from the Humane Society crowded an already-crowded courtroom Tuesday to support the case against Perez, who did not have much to say as she left the courthouse.
Perez is charged with misdemeanor animal cruelty. Both the prosecutors and Perez's defense attorney were prepared for a trial on those charges Tuesday, but the judge decided to combine the criminal and civil cases into one trial since both involve the same witnesses.
The Humane Society's attorney said the combined trials will help the group reach its goal sooner.
"The standard of proof for a civil proceeding is by a preponderance of evidence," said Humane Society Attorney Rodney Alexander. "The standard of proof in a criminal proceeding is beyond a reasonable doubt.
"So in theory, the civil proceeding is a lower burden of proof. If you take that to mean easier to win, then yes, in this case, I think the evidence is overwhelming for either standard."
The Humane Society would entered the case in the civil trial to try to keep Perez from ever owning pets again. They said with a civil case, they could probably do that if they win; criminal charges could only prevent her from owning animals for just a few months or years during her probation.
'Puppy
mill' case delayed for 1 month
District Court judge wants criminal, civil cases at
same time
Staff Writer
Wed, May. 21, 2003
MONROE - The criminal case of Delores Perez, who has been charged with animal cruelty after breeding more than 250 dogs in her home, was delayed for another month Tuesday after a judge urged the Humane Society to file any civil complaints promptly.
"Court time is precious time," District Court Judge Chris Bragg told the court. "I'm not going to try this case twice."
The Union County Humane Society, instead, had planned to file a civil case against Perez only if she was acquitted on the criminal charge. But its members decided to file a civil suit by Friday that could force Perez to pay for treatment of the dogs or keep her from ever owning animals again.
Two trials, now combined with all witnesses testifying just once, will begin June 30.
In the meantime, Bragg prohibited Perez from owning any other animals until the cases are resolved. Animals seized from her almost a month ago will remain in foster homes, he said, getting any necessary medical treatment.
The 258 dogs, two kittens and one parrot were removed from Perez's home, when sheriff's deputies and animal control officers raided her 35-acre property in southeastern Union County. They had said she ran a "puppy mill," breeding and selling dogs in squalid conditions.
Since then, her case has gained national attention, with People for the Ethical Treatment of Animals urging stiff punishment.
But Perez, 77, has denied the dogs were mistreated or unhealthy. She had acknowledged to The Observer, though, she had more dogs than she could handle.
Perez's lawyer, Don Brown, agreed to the merger but told Bragg it would "require a counter claim, forcing our hand in a civil case."
Perez plans to plead not guilty in the criminal case, he said, and now possibly seek damages in her own suit.
Humane Society lawyer Rodney Alexander said he had hoped to resolve the issue through the criminal case alone.
Bragg responded: "The courts of appeals have told me I'm wrong on occasion, but I don't think I'm wrong here."
Bragg noted in court there were differences in how criminal and civil cases are handled. Civil cases, for example, require a lower burden of proof and would allow a judge to bar Perez from ever owning animals again. Criminal convictions, he said in a later interview, are limited to five years probation. Therefore, if convicted, Perez could only be limited from owning animals for a maximum of five years.
On the other hand, the civil route also opens the door for Perez to countersue the Humane Society, Union County's Animal Control or the Sheriff's Office.
Humane Society vice president Lisa Duray said she supported merging the cases, even if that meant her group might face a lawsuit. She and about 30 people others had come to the courthouse.
Amid defendants in some 220 other cases, they wore green Humane Society bandanas tied around their upper arms or their necks.
Some also wore stickers reading "End Puppy Mills."
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Graphic images open pet cruelty case MONROE - From the witness stand in Union County's District Court Monday, insurance adjuster Mitch Helms recalled seeing a large snakeskin when he visited Delores Perez's home in 1993 to assess barn damage. After commenting to her that such a large snake must cause trouble, he testified, "She said she only lost one or two puppies a month to it." The audience of about 45 people, many wearing green Humane Society bandanas as arm bands, gasped. But Judge Chris Bragg hushed the audience: "This is probably not going to be the most graphic testimony ... We've got to keep the decorum of the court room." Helms was the first witness in the anxiously awaited trial of Perez, 77, accused of animal cruelty after more than 250 dogs were confiscated from her home in April. The case, expected to wrap up today, is unusual for its graphic descriptions of conditions at Perez's home and for its structure. Bragg is simultaneously hearing a criminal misdemeanor and a civil case. Perez has denied the dogs were mistreated or unhealthy. The charges came about in late April when sheriff's deputies and animal control officers raided Perez's 35-acre property in southeastern Union County and seized dogs, puppies, two kittens and one parrot. They said she ran a "puppy mill," breeding and selling dogs in squalid conditions. Since then, her case has gained national attention, with People for the Ethical Treatment of Animals and rescue groups nationwide urging stiff punishment. Followers of the case flocked to the courthouse Monday with stickers on their chests reading "Stop puppy mills" or "Perez Sucks." Perez had acknowledged to The Observer that she had more dogs than she could handle and suffered from illness that prevented her from caring for them. Prosecutors and a Humane Society attorney, who brought the civil charge, argued she had said the same thing before, back in 1993 when she faced similar animal cruelty charges. The charges were eventually dismissed on appeal. Perez's attorney, Don Brown of Charlotte, called both the trial's structure and the N.C. animal cruelty statute unconstitutional. "The only thing I want for Ms. Perez is a fair trial," he said in an interview. "What we're seeing chips away at the Bill of Rights." But Bragg, who joined the two cases to conserve court resources, dismissed Brown's motions, so Brown settled for peppering objections throughout witness testimony. The court also saw graphic videos of dogs at the Perez home. Humane Society President Cindy Poppino narrated the video, pointing out 18-inch piles of feces under dog kennels in Perez's yard. But on cross-examination, Brown asked about the more than $25,000 that Poppino's organization had raised after the raid. He asked about the nonprofit's Web site, which urged people to keep the case in the media and press the district attorney's office to seek stiff penalties. Poppino denied contacting any media outlets except for Channel 9, whose video footage of the raid became the courtroom evidence. "I didn't call WSOC to publicize the case," she said. "We thought (the TV reporter) would have some interest." After Monday's testimony, Brown questioned the Humane Society actions. "Pressure and accepting donations? It just stinks," he said. "I'm concerned about efforts to pressure a public official." In today's testimony, about eight witnesses are expected to testify. Bragg said he intended to finish today even if it meant holding court into the night. Kytja Weir: (704) 289-6576 |
77-year-old
woman found guilty of animal cruelty
07/02/2003
Delores Perez
was sentenced the five years probation Wednesday evening.
During closing
arguments, Perez's attorney said the case revolves around intent. He said Perez
may have been neglectful but she never had bad intentions when it came to caring
for her 250 plus dogs.
The dogs were
confiscated from Perez’s
Donald Brown
argued that Perez was trying to sell the dogs, so why would she purposely hurt
them?
He also
pointed out that Perez took some of the dogs to the veterinarian, which
demonstrates that she cared for them.
Brown's final
point was if so many customers were sickened by the living conditions of the
dogs, why did only one customer testify against Perez and why did so many
continue to buy the $300-$400 dogs?
Prosecutors
said Perez only took care of the dogs that made her money. They also mentioned
that Perez was able to give her daughter $200,000.
Prosecutors
called Perez ‘greedy and malicious.’
“No living
creature should have to live the way they were living,” said vet technician
Jennifer Howlett who treated many of the dogs taken from Perez.
“I saw lot
of heart issues, burns, urine burns,” Howlett said. “A lot of smells coming
from skin lesions, infections, ears.”
Many of the
dogs were malnourished, infested with flees and had teeth that would fall out
just by touching them, Howlett said.
Union County
Sheriff Eddie Cathey also testified about a conversation he had with Perez.
“She said
she had the money to take care of dogs but couldn’t find anyone to help her.
She’s 77-years-old. She said it was a bad, wet winter and she just got
behind,” Cathey said.
According to
the Humane Society, it’s costing them $224,000 to care for the dogs plus
$32,000 in vet fees.
Brown said he
is not going to get a chance to cross examine those vets.
Guilty of animal
cruelty
Woman gets financial penalty, no jail time
Staff Writer
Posted on Thu, Jul. 03, 2003
MONROE - Delores Perez was found guilty of animal cruelty Wednesday night and banned from having any animals ever again.
The 77-year-old was on trial three days, accused of keeping more than 250 dogs, two kittens and a parrot in squalid conditions in her Union County home.
After hearing testimony from 15 witnesses over three days, then deliberating for two hours, District Judge Chris Bragg issued the verdicts against her. Bragg had combined criminal and civil cases to conserve court resources.
Although Perez received no jail time, she received the maximum penalty allowed and faces at least $47,000 in fines and restitution.
However, her attorney, Don Brown of Charlotte, already said he plans to appeal both the criminal and civil rulings. From the start of the case, he had argued the animal cruelty statute and the joining of her civil and criminal cases were unconstitutional.
The charges arose in late April after sheriff's deputies, animal control officers and members of the Humane Society of Union County raided Perez's 35-acre property in southeastern Union County and confiscated the animals. They said she ran a "puppy mill," breeding and selling dogs at high volume.
Since then, her case has gained national attention, with People for the Ethical Treatment of Animals and rescue groups nationwide urging stiff punishment.
In the criminal case, Bragg gave Perez five years of supervised probation, fined her $10,000 and subjected her to random warrantless searches by Animal Control or probation officers to see if she has animals.
In the civil case, brought by the Humane Society of Union County, Bragg ruled she could not own, possess or sell animals ever again. She must pay $37,271.38 in veterinary bills plus the Humane Society's legal fees and any additional veterinary expenses.
The only measure the Humane Society did not win was a request for some $224,000 in boarding fees for the animals while they stayed in foster homes since the raid, said Rodney Alexander, a lawyer representing the Humane Society.
Alexander, with the Charlotte firm Mayer, Brown, Rowe & Maw, had worked on the case for free but said the awarded legal fees would go to the firm's trust fund for expenses in other pro bono cases.
What remains unclear, however, is whether Perez could leave North Carolina and continue her business elsewhere. She had moved to Union County almost 20 years ago after running a similar business in California, testimony showed.
Perez refused to comment, but Brown said he was not aware Perez planned to leave the state.
Perez had denied the dogs were mistreated or unhealthy. She had acknowledged to The Observer that she had more dogs than she could handle and suffered from illness that prevented her from caring for them.
Prosecutors and Alexander argued she had said the same thing before, back in 1993 when she faced similar animal cruelty charges. Those charges eventually were dismissed on appeal.
"This is a crime of greed," prosecuting attorney Chris Cox said Wednesday. "Judge, don't feel sorry for this woman."
During the trial witnesses detailed graphic descriptions of conditions in Perez's home, with inches of feces and maggots on floors and in a broken refrigerator. The prosecution also offered veterinary records detailing dogs with flea and tick infestations, ear mites, heart murmurs, eye infections, and teeth so rotten that they fell out of their heads. One dog was missing part of its jaw because it had rotted out. Another's fur was so matted, its legs were stuck to its abdomen.
Offering no witnesses, the defense rested its case quickly but had cross-examined each of the plaintiff's witnesses seeking inconsistencies, embellishments and bias.
Brown had acknowledged, however, that the conditions in her home were unsuitable. "My client certainly lived in a home for a number of years that is not fit for humans," he said. "Does being a slob or acting like a slob constitute criminal content?"
Alexander countered: "She chooses to live this way. ... The animals had no choice. Don't you think they would be better off in the street where at least they could have mercy and be run over by a car?"
The verdicts were met with hugs and tears from the approximately 30 animal rights activists who attended, many of whom were providing foster homes for the animals until the case was resolved.
One animal rescuer, Janet Richardson, hurried up to the stand after the ruling, hugging Alexander. She also asked, "Can we spay and neuter yet?"
"Not yet," Alexander responded.
Any appeals could delay permanent homes for the dogs.
Seized
dogs may find permanent homes soon
Breeder ordered to pay $101,222 at hearing
Staff Writer
Posted on Thu, Jul. 31, 2003 - Charlotte Observer
MONROE - The two cats, one parrot and more than 250 dogs seized from a 77-year-old dog breeder's home in April may be moved from temporary foster care into permanent homes as soon as next week.
The animals have been held as evidence, awaiting the last step of the civil portion of Delores Perez's animal cruelty trial that was heard in Union County's courthouse Wednesday.
Perez must pay more than $100,000 in fines, fees and restitution.
The unusual case began after sheriff's deputies, animal control officers and members of the Humane Society of Union County raided Perez's 35-acre property in southeastern Union County and confiscated the animals. They said she ran a "puppy mill," breeding and selling dogs at high volume in squalid conditions.
Perez was found guilty of a criminal animal cruelty charge on July 2 and held liable in a simultaneous civil case.
But the court still had to resolve the final amount Perez has to reimburse the Humane Society and its attorney Rodney Alexander.
In Wednesday's proceedings, District Judge Chris Bragg increased from $47,000 to $101,222 the amount Perez must pay in fines and restitution. Broken down, that's $50,000 for legal fees, $38,952 for veterinary costs, $10,000 as a criminal fine and $2,270 for other costs such as videotaping a witness's testimony.
Her attorney Don Brown objected to the amounts, saying they were too large and not allowed under the state's animal cruelty statute. He said he plans to appeal the decision.
He has already appealed the criminal conviction to Union County's Superior Court.
However, Brown said the judge was moving in the right direction when he reduced the legal fees from a requested $104,240 to $50,000 for the 338 hours and 15 minutes Alexander and his staff say they spent on the case.
He argued the top rate of $415 per hour Alexander charges for his work constituted a "windfall to the law firm" that had accepted the case pro bono, meaning without charge. In an interview after the hearing, Brown said he charges $200 per hour by comparison.
The judge said he was surprised by the request. "I gasped when I saw $104,000," Bragg said. "I know it's Union County and I know it's District Court."
During the hearing, Alexander showed the judge a copy of the August 2003 Dog Fancy magazine and an Internet printout that advertised Perez's dog breeding business.
Under Bragg's orders, Perez is barred from owning or selling any animals ever again. The judge warned Perez to follow the court order but said she likely placed the ads before her conviction.
After the hearing, Brown said Perez would not intentionally violate the order. The only sign of an animal Perez had with her Wednesday was a keychain she carried of a plush red, green and yellow parrot.
Once the case's paperwork is filed early next week, Alexander said all of Perez's animals could be spayed, neutered, then released. The Humane Society has been ready for the go-ahead with a list of potential owners.
But as soon as that paperwork is filed, Brown plans to file the civil appeal.