Somerville kennel owner Fern Clark was found guilty on several counts of animal cruelty following closing arguments in Bath Superior Court Thursday, May 21. According to the court, Justice Andrew Horton found Clark guilty of cruelty to animals on 15 misdemeanor counts (class D), while dismissing five felony counts and one misdemeanor count.
Clark is prohibited from owning or having animals on her premises and received 10 60-day jail sentences, all suspended. She was also sentenced to 10 consecutive one year administrative releases, a probation-like status.
She was charged with 21 counts of animal cruelty following a search of her home when state agents seized 66 dogs, several cats and one bird on Jan. 19, 2008.
Conditions for the administrative releases include random searches for animals on her premises or any area of living space occupied by Clark. During the period of the releases, Clark is prohibited from owning or having animals.
According to assistant district attorney Andrew Wright, the decision to suspend the sentences were based on Clark’s age (she’s 79) and relative lack of criminal experience.
“We’re happy with this decision,” Wright said. “We wanted Ms. Clark to be banned from having animals in the future and ensure this doesn’t happen again.”
The administrative releases, which are similar to probation and are tied to the charges, will be supervised by the District Attorney’s Office. Wright said Justice Horton found Clark had neglected animals and did not provide necessary medical attention or humanely clean conditions. He said Horton imposed a civil lifetime ban on Clark’s owning animals that are vertebrates. She could own slugs and worms and anything without a backbone, he said.
Wright said the state did not seek restitution, however there is an existing civil order that would be handled by Animal Welfare personnel in the Maine Dept. of Agriculture. The state has a lien on Clark’s property for the value of assessed care for the animals that were seized.
“All the serious charges were dismissed,” defense attorney Andrews Campbell said in a telephone interview. “We’re very pleased these ridiculous felony charges were dropped.”
Representing Clark, Campbell has 21 days to appeal Justice Horton’s decision. Campbell said he would appeal the misdemeanor charges, as he and his client feels the search of Clark’s home was not justified.
