Demand felony charges be refiled against accused animal abuser Carol Merchant!
- by: Jen Kittell
- recipient: Lamoille County State's Attorney Paul Finnerty, Vermont Attorney General TJ Donovan, Senator Lamoille District Rich Westman, Representative Orleans-Lamoille Mark Higley, Representative Lamoille-1 Heidi E. Scheuermann, Representative Lamoille-2 Matthew Hil
On February 25, 2015, 62 dogs and 3 cats were removed from an alleged "home-based rescue" in Eden, Vermont, owned and operated by Carol Pape Merchant.
Multiple representatives from the Vermont State Police, the Humane Society of Chittenden County (HSCC), Central Vermont Humane Society (CVHS), the Humane Society of the United States (HSUS), North Country Animal League (NCAL) and Spring Hill Horse Rescue (SHHR), responded to the property after receiving a complaint from an informant who witnessed the conditions inside the home.
In every corner of the house, dogs were found stuffed in damaged or makeshift crates, often too small, sometimes shared and stacked on top of one another. They lived in their own waste; it caked their paws, matted their fur and coated the inside of their crates. It burned their skin, irritated their eyes and nostrils and stained their fur.
Beyond the urine scalds and eye infections, initial veterinary assessments showed severe matting, rotten teeth, hair loss, fleas, overgrown nails, dehydration, starvation, and in the more severe cases, emaciation.
To say they lived in squalor and were medically neglected is to put it kindly. Some lived that way for years; some didn’t survive long after their rescue, the damage was too great.
In the following days, 13 more dogs and 1 duck, were removed from the home by Justice For Dogs. Another six dogs were reportedly given away by Merchant to her friends and neighbors. Five dogs and four cats, identified as Merchant's personal pets, were removed from the home at a later date.
In total, 94 animals were removed from the home, each in various stages of neglect and suffering a variety of untreated veterinary issues.
Following the raid, Merchant was charged with 8 felony counts of aggravated cruelty to animals. Her tenant, Russell Goodell, was charged with 6 misdemeanor counts of cruelty to animals-deprived. He pleaded no contest and was ordered to pay $3,081 restitution to NCAL and CVHS. Merchant, however, was found incompetent to stand trial in October 2016.
Following a mid-April status conference, without an explanation or notice to the prosecution and other interested parties, the Honorable Judge Thomas Carlson dismissed the charges against Merchant without prejudice, meaning the charges can be refiled at the discretion of Lamoille County State’s Attorney Paul Finnerty.
We are asking Lamoille County State’s Attorney Paul Finnerty to refile the original eight felony charges against Merchant in a timely and strategic manner before the statute of limitations runs out in February of 2018.
We understand that Ms. Merchant has mental health challenges that need to be addressed. However, those issues should not prevent justice from being served for the physical and emotional abuse she inflicted upon the defenseless animals in her care.
The recidivism rate for this type of animal abuse is nearly 100 percent. Merchant has demonstrated, through her actions, her irresponsibility with animals.
To help reduce the chances of this happening again, we further ask that Ms. Merchant, if she is found to be of such diminished capacity that she cannot be held accountable for her crimes, be precluded from owning, possessing, caring for, residing and working with any animals, including therapy and emotional support animals, for a period of 25 years per a consent agreement, enforceable by the court.
I am asking you to refile the original eight felony charges against Carole Merchant, of Eden, VT, in a timely and strategic manner before the statute of limitations runs out in February of 2018.
I understand that Merchant has mental health challenges that need to be addressed. However, those issues should not prevent justice from being served for the physical and emotional abuse she inflicted upon the defenseless animals in her care.
To be reminded of her abuse, which lasted years for some of the animals in her care, here are the findings of cruelty investigators report:
- 31 dogs were dehydrated. [Deprived of water]
- 48 dogs and 1 cat were classified "Too Thin.” Eleven those dogs were classified as emaciated, receiving the lowest body condition score of 1/9 on the Purina Body Condition System. [Deprived of food]
- 68 dogs and 3 cats were found to have a variety of untreated veterinary issues including ear infections, eye infections, open sores, fleas, roundworms, tapeworms, heart worm, dental disease, dermatitis, hair loss, anemia, muscle wasting, bloody stools, and diarrhea. Three of those dogs required immediate veterinary hospitalization. [Deprived of medical care]
- 73 dogs and 4 cats were not provided with minimum required living spaces; 85% of those were provided with less than 1/3 of the minimum required living space. It did not appear that any of the crated dogs or cats was allowed out of their crates for the
required 1 hour per day, if ever. [Deprived of appropriate living space, shelter]
- Sanitation was particularly egregious throughout the indoor animals' living spaces, in particular for the 77 crated animals.The fumes throughout the house were overpowering, and many of the dogs showed inflammation around the eyes, nose and mouth. Many of the dogs and cats were living in inches of built of feces and urine, and were covered in it. [Deprived of sanitation]
The recidivism rate for this type of animal abuse is nearly 100 percent. Ms. Merchant has demonstrated, through her actions, her irresponsibility with animals.
To help reduce the chances of this happening again, we further ask that Ms. Merchant, if she is found to be of such diminished capacity that she cannot be held accountable for her crimes, she be precluded from owning, possessing, caring for, residing and working with any animals, including therapy and emotional support animals, for a period of 25 years per a consent agreement, enforceable by the court.
Thank you.
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