North Penn Puppy Mill Watch

06-09-07 -- West Hempfield Dog Breeder Charged - Prior Conviction
By: Susan E. Lindt, Staff, Intelligencer Journal

LANCASTER COUNTY, Pa. - Eleven dogs were seized Thursday from a West Hempfield Township kennel, where the owner had allegedly hidden the dogs from authorities by housing them in a tractor-trailer.

Elvin L. High, who operated Highgrade Kennels, 4406 Marietta Ave., Columbia, faces eight counts of animal cruelty charges after an ongoing investigation.

In his criminal complaint, Humane Society police officer Keith Mohler wrote that High was previously convicted of animal cruelty in 2002.

The latest criminal charges, filed on behalf of Humane League of Lancaster County, stem from allegations that High cropped the ears of at least 18 dogs, and he did not seek medical care for several dogs with severe long-term ear and leg infections and a mastiff suffering seizures and emaciation.

Before Thursday's raid, High had already lost his license to operate a kennel because it failed two 2007 inspections by the Bureau of Dog Law Enforcement, which is charged with inspecting safety and sanitation at the state's 2,600 kennels, but does not inspect the health of dogs at the kennels.

It was during the bureau inspections of Highgrade Kennels that inspector Diane Buhl observed several dogs that appeared neglected, mistreated or unhealthy.

She notified Mohler, who is authorized to initiate animal abuse charges. On May 10, the bureau revoked High's license to operate kennels, after inspectors twice deemed his kennels "unsatisfactory." High did not appeal the revocation.

Following an April 3 inspection, Buhl issued nine citations to High totaling $1,036 for poor conditions at his kennels. Violations included dead and decaying mice found in food dishes, urine and feces built up in dog enclosures, no proof of rabies vaccination for 15 of more than 60 dogs housed at the kennels, kennels too small for the size of the dog, and poorly maintained kennels with sharp, broken wires and chewed wood. Buhl also ordered medical care for four of High's dogs, including one with open sores and three others with "leg issues."

On a follow-up inspection April 24, Buhl noted that High's paperwork was updated to show rabies vaccinations, but there was still evidence of rodent infestation and the kennels were still poorly maintained and unsanitary. Buhl also ordered medical care for a dog that appeared to be suffering a seizure during her inspection.

After the April 24 inspection, Buhl issued five more citations totaling $596.50 for unsanitary, unsafe and cramped kennel conditions at Highgrade Kennels. That's also when she called in Mohler to investigate possible abuse and neglect of High's dogs.

Jessie L. Smith, deputy secretary for dog law enforcement, said more citations are likely to be filed against High because he also failed more recent inspections.

After High's kennel license was revoked by the state in May, he was not permitted to keep more than 24 dogs on his property, which is the maximum allowed before a business must be licensed by the state.

When humane officers raided High's property Thursday, they called for help from employees of Humane League of Lancaster County to seize some of the dogs on the property and house them.

"(High) had exactly 24 dogs in his kennels," said Kerry Flanagan of the the Humane League, who assisted on the scene. "So he was essentially hiding the other dogs in a tractor trailer parked across the street from his property."

Flanagan said it was the bureau's discretion to leave behind some dogs in High's care.

Seized were an adult long-haired dachshund and her five puppies, four Chihuahuas and a cocker spaniel.

Flanagan said two of the seized dogs needed immediate medical attention and were sent to the Humane Society of Berks County where a veterinarian was on call. The remaining dogs are being housed at Lancaster's humane league until High is adjudicated on the criminal charges. High surrendered one Chihuahua and the cocker spaniel, which means they may be adopted after his criminal proceeding.

Flanagan said the process may take up to 18 months to resolve in the courts.

High's preliminary hearing is scheduled June 20 before District Justice Robert A. Herman Jr.

In the meantime, Flanagan said she's impressed with the coordination between humane officers and the bureau in a case where a kennel operator violated animal cruelty laws and bureau regulations.

"This is a positive sign in the progress being made to deal with illegal and poor breeders in the state," Flanagan said.

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06-21-07 -- Animal Cruelty Case To Go To Trial
By: Susan E. Lindt, Lancaster Intelligencer Journal

LANCASTER COUNTY, Pa. - A district judge ruled Wednesday there is enough evidence to send an animal-cruelty case to trial.

Elvin L. High, owner of Highgrade Kennels in West Hempfield Township, appeared before District Judge Robert A. Herman Jr. for a preliminary hearing on eight counts of animal cruelty related to the level of care provided to dogs at his business.

Assistant District Attorney Christine L. Wilson argued the case against High, who was convicted of animal cruelty in 2002.

Two of the misdemeanor charges stemmed from two sickly dogs at High's kennels on April 24 and April 25. One dog, a mastiff, was later euthanized at High's request. The remaining charges were filed because High allegedly admitted cropping the ears of at least 18 dogs on his property at 4406 Marietta Ave.

Veterinarian Bryan Langlois testified that when he examined the Neapolitan mastiff, named Zeus, on April 24, the dog was lying on his side and could not stand or sit. Langlois said the dog was paddling his front legs and moving his eyes in a circular motion, indicating brain injury. He also testified Zeus was emaciated and dehydrated, so he recommended the dog be taken to a veterinarian that day.

On April 25, Langlois was sent to High's property to examine the health of the remaining dogs. He testified a French bulldog named Sally Jane appeared to be in pain and showed signs of infection between her toes and in a wound on one of her hind legs. Langlois said straw was imbedded in the dog's infected ears.

"You could literally just pull the skin up and off, which is not normal," Langlois testified.

Another vet, Andrea Honigmann, who treated the mastiff at High's request, testified the dog was in shock when it arrived at her practice. Honigmann said Zeus didn't respond to IV fluids and antibiotics, so High decided to have him euthanized.

Both veterinarians testified the dogs suffered "severe distress" and that High should have sought medical care for them earlier. In the mastiff's case, Langlois testified the animal should have been seen by a vet three weeks earlier.

Humane Society police Officer Keith Mohler testified he filed the animal-cruelty charges as misdemeanor offenses rather than lower-penalty summary offenses because of High's previous animal-cruelty conviction. Mohler testified that, among the 60 dogs he found on High's property, he saw some with cropped ears and that High admitted to cropping the dogs' ears himself.

High's attorney, Cory J. Miller, argued that the veterinarians' testimony didn't meet the legal threshold for "severe distress" required to prove animal cruelty.

"Ear infections come and go. They itch; they need antibiotics. But (Mohler) admits the dog's condition was not life-threatening. … " Miller said. "At some point, we have to be reasonable about the charges that are filed."

Herman said given the testimony and photographs of the dogs at the time of treatment, Wilson succeeded in making the case that High should be tried in county court.

High also faced 14 citations filed by the state's Bureau of Dog Law Enforcement for poor conditions at his kennels. Bureau prosecutor Jeff Paladina agreed to drop all but five of the most serious citations in exchange for High's guilty plea for the remainder.

In May, the bureau revoked High's license to operate a breeding kennel. The state does not issue kennel licenses to breeders convicted of animal cruelty.

Kennel license applications ask applicants if they have been convicted of animal cruelty.

However, state agriculture department spokesman Chris Ryder said the bureau has no ability to verify an applicant's claims via criminal background checks because the ag department is not a criminal-justice agency.

Twenty-two dogs remain in High's custody — just under the 24-dog maximum allowed before a kennel license is required.

Said Miller, "A misdemeanor is the lowest level of crime recognized by the Commonwealth of Pennsylvania, so my client has the right to a trial and may be forced to go the distance as a matter of principle."

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