Date: Fri 07-Jun-1996

Publication: Bee

Author: ANDYG

Quick Words:

Frank-cruelty-animal

Full Text:

Court Dismisses Cruelty Charge Against Hawleyville Man

B Y A NDREW G OROSKO

A Danbury Superior Court judge has dismissed one count of cruelty to animals

which was lodged against a Hawleyville man after police found more than 20

dead farm animals on his Hawleyville property in December 1993.

Mark Frank, 20, has successfully completed a two-year period of "accelerated

rehabilitation," resulting the dismissal of the charge involving animal

neglect.

Accelerated rehabilitation is a special form of probation that allows

first-time offenders to plead innocent to a charge and then have it dropped

from the record provided that the offender stays out of trouble with the law

and meets the conditions of the probation for a specified period. Judge Morton

Riefberg provided Mr Frank with a two-year accelerated rehabilitation period.

On December 23, 1993, a neighbor noticed farm animals wandering near the Frank

residence at 38 Old Hawleyville Road and called police. Police investigated

and found the premises in disarray with many dead farm animals on the property

near Interstate-84. The dead animals included 11 calves, 7 chickens, 2 ducks,

and 1 rabbit. Following the incident, Mr Frank said the animals had died of

natural causes.

After a medical examination indicated that one of the calves had died of

malnutrition, police sought and received an arrest warrant for Mr Frank from a

Danbury Superior Court judge.

After learning they had a warrant for his arrest on a cruelty to animals

charge, Mr Frank surrendered to police in February 1994.

In April 1994, Mr Frank applied for the accelerated rehabilitation program.

Conditions of the special probation required that Mr Frank: not possess or

care for animals for two years; undergo counseling; attend a course on animal

care; reimburse the Connecticut Humane Society about $3,500 for medical

expenses to treat the animals that survived; and perform community service.

Attorney Vicki Hutchinson of Danbury represented Mr Frank in court in 1994.

She said then that Mr Frank didn't intentionally abuse the animals. Mr Frank

had a limited knowledge of animal care and was overwhelmed by the many family

responsibilities he was facing, Ms Hutchinson then said.

At a May 1994 hearing on Mr Frank's request for accelerated rehabilitation,

Richard Johnston, president of the Connecticut Humane Society, strongly

objected to granting him the special probationary status. Mr Johnston then

said that more than one count of cruelty to animals should be pressed against

Mr Frank, urging instead that 28 counts of the charge be lodged, which would

result in a maximum sentence of 28 years in jail and a $28,000 fine.

Twenty-eight animals were dead, according to Mr Johnston.

Not all animals died of malnutrition. Some animals apparently died from bite

wounds inflicted by other animals seeking to eat them.

Mr Johnston said this week of the animal neglect incident "It was a tragic

situation."

"I hope Mark Frank has learned a great deal" Mr Johnston said, adding he hopes

that such incidents don't occur again.

The farm animals which were found alive on the Frank property were given to

area farms. These included poultry, goats, rabbits, and calves, Mr Johnston

said.

Domesticated animals, including a dog with a pancreatic problem and a one-eyed

cat, were placed at private residences, he said. It took longer than normal to

place the domestic animals because of their health problems, he said.

Mr Johnston said the humane society obtained legal control of the domesticated

animals through its actions in Danbury Superior Court.