Advocates challenge plea deal in puppy mill case

By Gillian Graham

Staff Writer

Emilie Spas was shocked as she sat in a courtroom last month and watched 20 charges against a couple accused of animal cruelty disappear.

She was still speechless last week as she listened to Buxton Police Chief Michael Grovo and animal welfare workers express disappointment with the plea deal for John and Heidi Frasca, who ran the J’aime Kennel in Buxton.

“Maine has good laws. I think they weren’t used,” said Spas, who adopted one of the dogs seized from the Frascas. 

Buxton police, with help from state and local animal welfare programs, seized 249 dogs from the Frascas’ kennel on Aug. 21, 2007. The Frascas, who now live in Massachusetts, were charged with 25 counts of cruelty to animals.

John and Heidi Frasca on March 17 pleaded no contest to five counts of cruelty to animals, Class D misdemeanors. Twenty animal cruelty charges were dropped. During a 17-month sentence deferral period, they must complete 60 hours of community service and are allowed to possess four animals.

If the Frascas violate the terms of the deferral, they each will face up to 364 days in jail on each animal cruelty charge.

Grovo said at the March 25 press conference he was surprised by the plea deal and expected the case to go to trial. He said he was not notified of the plea deal and did not talk with the district attorney’s office until this week.

Grovo said the dismissal of 20 charges makes it seem “like this never happened.”

“To say the least, I am outraged and disappointed. I was never notified the Frascas’ animal cruelty case was resolved,” he said.

Grovo said a “staggering amount of money” – about $460,000 – was spent to treat a variety of health issues in the dogs. He said he would have liked to see the Frascas subject to a lifetime ban on owning animals. Nothing prohibits them from starting another kennel after the deferral ends, Grovo said.

 

York County District Attorney Kathryn Slattery in a prepared statement said the deferral allows for continued monitoring of the Frascas’ compliance. She said they are required to perform community service “to recognize their debt to the community.”

“The charges against John and Heidi Frasca have been pending since November 2007. Since then, they have not been involved in further instances of this type nor any type of criminal activity. The combined criminal and civil sanctions imposed on them have been substantial, including the loss of their property,” Slattery said in the statement.

The Frascas’ home and kennel were foreclosed on and sold in a 2008 auction.

Slattery did not return calls for additional comment. Joel Vincent, attorney for John Frasca, and J.P. DeGrinney, who represents Heidi Frasca, also did not return calls for comment.

Grovo said he spoke with Slattery Monday and said they are arranging a time to meet to talk more about the situation.

“I think it’s positive we’re meeting. My goal is to prevent something like this travesty from happening again,” he said.

Grovo said his department will continue to pursue animal cruelty cases and expects to work closely with the district attorney’s office as it has in the past.

 

Norma Worley, former director of the state’s animal welfare program, said during the press conference the case was the worst she had seen during her 30 years working in animal welfare. She said workers who went to the kennel expected to find fewer than 100 animals and were overwhelmed by the number of dogs found.

Worley said many of the dogs appeared to be neglected and abused. The dogs seized, as well as nearly 100 puppies born within weeks, were treated for health problems and adopted to new families.

“The only reward we have is that the dogs were placed in wonderful homes,” she said.

Worley said she thinks the Frascas should have received a lifetime ban on owning pets and should reimburse taxpayers for the cost of treating the animals.

“This was just a travesty of justice,” she said. “In 17 months it will go away as if it never happened.”

Steve Jacobson, executive director of the Animal Welfare Society in West Kennebunk, said he was disappointed in the outcome of the case. The shelter cared for 101 dogs and later placed 146 of the seized animals for adoption.

Jacobson said he is “sad and disappointed” by the resolution of the case.

“We all did our jobs. It is disappointing the courts apparently did not do theirs,” he said.

Monique Kramer, a veterinarian who treated dogs from the kennel, said many of the dogs suffered for years from conditions including mange and broken bones. She said the Frascas’ punishment is “a slap on the wrist.”

“They didn’t lose nearly as much as these animals lost,” she said.

Kelly Hill, an emergency veterinarian in Scarborough, said veterinarians carefully documented injuries to each animal and preserved evidence to be used for prosecution.

“This is a travesty of justice and there is no way we can let this happen again in our state,” Hill said.

 

Spas, who adopted a 1-year-old white shepherd seized from the kennel, said it has been a gradual process to help Crystal heal. Crystal had a variety of issues, including mange, irritable bowel, ringworm, malnourishment and missing and decayed teeth. She was extremely timid when she arrived at home, she said.

“She cowered a lot in the back of the kennel. She was very scared,” she said.

Spas said Crystal has gradually overcome physical and psychological problems. She continues to adhere to a special diet, but is now confident enough to go for walks and play with other dogs. Spas said Crystal also likes children and now trusts people.

“She didn’t know how to be a dog when she came to our home,” Spas said. “She’s rags to riches.”

 

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.

 

 

 

 

 

 

 

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