Morning Sentinel
Questions linger about Somerville animal abuse
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Kennebec Journal & Morning Sentinel 07/08/2008

In late January, state agents raided the Somerville home of Fern Clark and found emaciated, diseased dogs, some suffering acutely from tumors, others plagued by dental disease. One was on the verge of death and two dead dogs were in the freezer.

"The word I'm looking for is 'horrific,'" said Norma Worley, the head of the state's animal welfare division. "Just the sight of the animals' conditions and the odor. I mean, 12 of (the dogs) had to go into emergency care right away."

Worley's staff removed 67 dogs, four cats and a cockatiel from the residence, where Clark had operated the Star Fire Star breeding facility for years. The state charged Clark with five felony counts of aggravated animal cruelty and 16 misdemeanor counts related to animal cruelty. The 78-year-old woman faces prison time and up to $25,000 in fines.

Clark's trial this fall will likely provide more gruesome details of the case. What it isn't likely to provide are answers to the numerous questions that remain about how state and local animal-welfare staff allowed the conditions at Clark's kennel to continue over the years, despite many reports over the years of terrible conditions.

Kennebec Journal reporter Meghan V. Malloy looked at the records in the Clark case and her account appeared in Sunday's newspaper. It details how Clark faced similar troubles in 1994, when her home was raided, animals seized and she was charged with animal cruelty -- although she was subsequently acquitted. Clark was, however, convicted of assaulting one of the animal welfare agents who was carrying out the raid.

Our research showed that 14 complaints were filed by the public about Clark's business between 1997 and 2007, despite the fact that Worley previously acknowledged to Malloy that seven complaints had been filed. And finally, the story stated that between 2004 and 2006, the town of Somerville annually issued a kennel license to Clark even though its animal-control officer was barred by Clark from conducting the state-mandated inspection of her kennel.

Worley has insisted that the state did not have enough evidence to bring charges against Clark until January. Given Clark's successful defense against the 1994 charges, we can understand the state's caution in building a case for a second time against the woman.

Yet we're still left with concern that there was neither adequate follow-up by state agents -- there was nothing in 14 complaints over 11 years that merited sanctions against Clark? -- nor adequate oversight by town officials of the Somerville animal-control program, which granted kennel licenses for at least three years without inspecting the kennel.

We question as well the typical Maine set-up where a municipality is deputized to carry out the functions of the state -- whether or not it is adequately equipped to do so. Who doesn't know an overburdened and underpaid animal-control officer who can't possibly deal with all the calls and inspections required of him or her? While that's no excuse for the Somerville officer granting a license without conducting an inspection, it is an explanation that is all too believable, especially in the case of a kennel whose owner had once been convicted of assaulting an animal-welfare officer.

In the end, it is Fern Clark who will face trial on animal-cruelty charges. But questions linger about those who had the power to stop the alleged cruelty much earlier.

Did they do everything they could to stop it?

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