Thirty-two German shepherds that had been kept in filthy conditions in a dilapidated school bus were given a second chance in late November, thanks to a Vermont law allowing authorities to request that animals be forfeited while cruelty trials are playing out.
In a Nov. 28, 2006, ruling, Judge David Howard of the Bennington County District Court ordered Larry Mason to forfeit his right to the 32 dogs, who were then signed over to the local animal control authority for adoption.
In his decision, Howard noted evidence that demonstrated "either a lack of periodic cleanings or totally inadequate cleanings," referring to the filth the dogs had been living in on the bus.
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Mason was convicted on Jan. 24 on two counts of depriving animals of proper sanitation and one count of transporting animals in an overcrowded vehicle. He faces a maximum sentence of three years in prison and a $3,000 fine. After sentencing, Mason planned to appeal the decision, said his lawyer
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When the German shepherds were seized from the bus in the parking lot of a Bennington, Vt. diner on July 18, the vehicle shook from the dogs barking, snarling and lunging at the windows when rescuers approached. The odor of urine and waste wafted from inside. Mason was charged with two counts of misdemeanor animal cruelty. The dogs were found in various stages of health, but the overall unsanitary condition of their living environment provided the evidence to support the judge's findings.
The forfeiture at this stage in the proceedings was possible because of a revision made in 2004 to Vermont's animal cruelty statute. The revised law, which The HSUS lobbied for, allows the state to request civil forfeiture of animals before a criminal case is resolved by establishing "clear and convincing evidence" that a defendant violated the animal cruelty law.
"Because animals are considered property in the eyes of the law, their fate is often left in the balance during long criminal trials," said Joanne Bourbeau, director of The HSUS New England Regional Office. "Laws such as these allow for quicker adjudication when animals are involved."
Even so, the town of Bennington expects the final bill for the animals' care and boarding to be well over $20,000. Through a grant facilitated by The HSUS, the Build-a-Bear Workshop Foundation awarded the town $5,000 to help relieve some of their financial burden.
Mason's criminal trial will proceed in the coming months, and if convicted, he could face a maximum sentence of one year in prison and a $1,000 fine for each count. In the meantime, he said that he plans to challenge the judge's decision on his civil trial, as well as the forfeiture law itself, to the Vermont Supreme Court.