Farm animal neglect
Newville, PA (US)Incident Date: Tuesday, May 11, 2004
County: Cumberland
Disposition: Dismissed
Persons of Interest:
» Robert Allen
» Dianne Allen
Case Updates: 3 update(s) available
A Newville man was found guilty of 15 counts of animal cruelty and neglect in Cumberland County Tuesday. Humane society video of Robert Allen's farm shows where horses, goats, pigs were being neglected. A dead duck and a dead chicken were also found on his property.
Allen was ordered to pay fines and restitution totaling more than $8,000.
Case UpdatesCumberland County Judge J. Wesley Oler ruled January 13, 2006 the state owes Lower Mifflin Township farmer Robert "Red" Allen $750 for the 14 animals that were seized from his farm.
The animals were seized by the Society for the Prevention of Cruelty to Animals (SPCA), which later lodged animal cruelty and neglect charges against Red and Dianne Allen. The officers seized eight horses, four goats and two pigs from the couple's Doubling Gap Road farm.
In a one-page decision, Oler ruled that if the animals have been restored to good health, "their quality in terms of personal property will have been so significantly changed as not to be equivalent to the property seized." | Source: The Sentinel - January 13, 2006
Update posted on Jan 16, 2006 - 3:58AM |
Lower Mifflin Township farmer Robert "Red" Allen beat animal cruelty charges in April 2005 - and now he wants his animals returned. Allen was back in court January 10, 2006 for a hearing in front of Cumberland County Court Judge J. Wesley Oler. He wants the court to order the Society for the Prevention of Cruelty to Animals (SPCA) to return 14 animals that were seized in February 2004.
Red and Dianne Allen faced charges of animal cruelty and neglect after SPCA officers stopped at their Doubling Gap Road farm. The officers seized 14 animals from Red Allen: eight horses, four goats and two pigs. SPCA officer Elizabeth Penelope Hopkins testified that at least three of the horses and one pig were euthanized. She faced lengthy questioning from Lisa Coyne, Allen's attorney, but did not reveal where the animals are being held. "I don't know exactly where they are," Hopkins said.
Hopkins invoked her Fifth Amendment rights when Coyne asked if she had ever indicated any of the animals were dead when in fact they were alive. "I don't want to incriminate myself," she said. District Judge Helen Shulenberger initially dismissed the animal cruelty charges because Hopkins was not properly registered in Cumberland County. The officer then registered herself and refiled the charges, which District Judge Harold Bender reheard.
Bender found Red Allen guilty on 15 counts of animal cruelty and neglect and fined him $150 for each count. In addition, Bender awarded the 14 confiscated animals to SPCA. After an appeal to Cumberland County Court, Judge George Hoffer ruled in April 2005 that the Allens were improperly tried before Bender because similar charges had been thrown out by Shulenberger. Red Allen contended that he owned the animals just a few days or weeks before they were seized. Allen said he buys animals in poor condition and tries to rehabilitate them for resale. The animals had little value when they were seized by SPCA, Allen said. However, after modest rehab costs, Allen contended he could have sold the horses for $800 to $1,200 each, with one of them worth more, while the pigs and goats would fetch about $100 each. "To you, they might be worthless," Allen testified. "To me, they weren't. I was going to rehab them ... and get them back in condition to sell to the public or take to the market."
In his closing arguments, First Assistant District Attorney Jaime Keating argued that since the animals were "worthless" at the time they were taken, then SPCA doesn't owe the Allens anything. "So the only thing he had was a worthless asset that he hoped would be a valuable asset." Keating said. "He's entitled only to the value of the asset." Coyne disagreed. "The property that was seized is critical to the operation of his livelihood," she countered. "All we're asking is for the return of Mr. Allen's property." Oler said he will rule on the matter "within the next several days." | Source: The Sentinel - January 11, 2006
Update posted on Jan 11, 2006 - 10:41PM |
An animal cruelty case against Lower Mifflin Township farmer Robert "Red" Allen and Dianne Allen, his daughter-in-law, has been decided in the Allens' favor.
Cumberland County Court Judge George Hoffer ruled the Allens were improperly tried before District Justice Harold Bender because similar charges had been thrown out by District Justice Helen Shulenberger.
The Allens were charged with animal cruelty and neglect after Society for the Prevention of Cruelty to Animals (SPCA) officers stopped at their Doubling Gap Road farm in February 2004. The officers seized 14 animals from Red Allen, saying a dead duck and chicken belonging to Dianne Allen had been starved to death.
Shulenberger dismissed the charges because the society officer who filed them was not properly registered in Cumberland County.
The officer then registered herself and refiled the charges, which Bender reheard.
Bender found Red Allen guilty on 15 counts of animal cruelty and neglect and fined him $150 for each count. In addition, Bender awarded the 14 confiscated animals to the SPCA
Bender also found Dianne Allen guilty of two counts of animal neglect and fined her $150 for each count.
"The battle is far from over," Austin Grogan, attorney for Red Allen, said this morning.
He added that he talked earlier today with Chief Deputy District Attorney Jaime Keating, who are "reviewing their options to appeal. We're in a holding pattern until we see what the commonwealth chooses to do."
Red Allen contended that he owned the animals just a few days or weeks before they were seized. Allen said he buys animals in poor condition and tries to rehabilitate them for resale.
"In my mind, what the SPCA did in January of 2004 is unconscionable," Grogan said. "They go there on the pretense of wanting to work with Red to rehab these animals." Then they went back and seized them while Allen was away "at market literally buying food for these sick animals."
If no appeal is filed, Allen could petition the court to get the animals back. He is considering his options, Grogan said.
"We're delighted in the result," said Karl Rominger, attorney for Dianne Allen. "Hopefully, the Philadelphia animal rights activists will go back to Philadelphia and leave our Cumberland County farmers alone."
An appeal by the district attorney's office would be "a kick to any farmer in the county," Rominger added. | Source: Cumberland Sentinel - April 20, 2005
Update posted on Apr 20, 2005 - 7:45PM |
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