State Rests Animal Cruelty Case With Investigator's Testimony

The animal neglect trial of Dawn Hamill continued Thursday, Sept. 13, as witnesses for both sides testified at length about the condition of animals found during the of .

Hamill is charged with 10 counts of neglect, stemming from the discovery of a dead cat, a dead miniature horse and eight puppies that were reportedly found covered in feces and with urine burns. The case earlier this year; Hamill's new in Judge Anna Helen Demacopolous' Markham courtroom.

State Rests Its Case

The state wrapped up its case Thursday morning after calling Prosecutors Richard Stake Jr. and Sarah Naughton called their final witness, Illinois Department of Agriculture animal investigator Joel Aschermann.

Aschermann testified he went to Painted Pastures on three separate occasions in 2010. During a June visit, Aschermann said he inspected the main barn and noticed Hamill had a lot of dogs housed in horse stalls on a dirt floor.

"Dogs are supposed to be kept on impervious surfaces like concrete to cut down on bacteria and the spread of disease," Aschermann said, adding that there is no effective way to disinfect a dirt floor for waste.

After a November administrative hearing that same year, Aschermann said Hamill was issued various citations, including not having her animals fitted with a microchip, not maintaining sanitary conditions for the animals and not maintaining proper records for animals adopted from out of state. She was fined $200 fine, the investigator said.

When shown photos from the scene of the February 2011 raid by Assistant State's Attorney Stake, Aschermann said he had not seen similar conditions during his trips to the sanctuary. He did not make a trip back to the rescue until April 2011, which was after the raid, he said.

During cross-examination, defense attorney Purav Bhatt asked if Hamill complied with correcting the issues raised by the Department of Agriculture concerning the flooring of the barn.

"Eventually, yes," Aschermann responded.

Bhatt questioned why the Department of Agriculture did not shut down Hamill's rescue, remove her animals, nor revoke her license even though the agency has the power to do so.

"None of the animals were in such shape that they needed to be removed," Aschermann said.

Defense Wants Facts of the Case in 'Perspective' for Jury

As with the state's case, key testimony for the Hamill's defense came from a former employee. Bhatt told Patch after Thursday's testimony that the witnesses were able to "provide some background information to help the jury put facts of the case into perspective."

Dawn Dorian, 42, who had been responsible for caring the sanctuary's cat population, had a different account of events leading up to the raid than Christine Kelly, .

Dorian said Kelly brought a shipment of animals at some point on Feb. 5, 2011, including the eight puppies named in Hamill's 10 neglect counts and the Himalayan cat that was ultimately found dead during the raid. Kelly was fired the next day during a dispute with Hamill, the defense has contended.

The day before the raid, Dorian said she checked on the puppies, fed and changed their water. The puppy pen was kept clean with blankets and had a tarp over the cage as well as a heater to help keep the animals warm; both of those items were entered into evidence by the defense. The puppy pen had to be cleaned about three times a day, she said.

"If you have one puppy in an area, it's messy," she said. "So when you have more than one, it gets really messy. So you clean them up and give them fresh [food and water]."

She also said Tiny, the miniature horse later found dead, and the Himalayan cat were still alive the last time she saw them, though the cat had been lethargic. During cross-examination, Stake questioned Dorian's claim that the cat was alive the morning of the raid.

"[The cat] wasn't frozen stiff at 10 o'clock [a.m.]?" Stake asked.

"No," Dorian answered.

Other Witnesses

• Dr. Mark Ballman, a veterinarian for the state Department of Agriculture, accompanied Aschermann to Painted Pastures for an inspection in November 2010. Ballman testified that during the inspection, the only horse with a problem was one belonging to Kelly. He said Hamill was in the process of getting the rescue up to code that year to be able to take in more dogs, and improvements were made. No citations were issued to Hamill during this visit, Bhatt noted. During cross-examination, ASA Stake countered that Ballman never visited the property personally before the November visit. Stake also introduced an April 1, 2011, email where Ballman asked whether Hamill's license should be revoked based on the charges against her. Ballman said he doesn't really remember writing the email but is sure he did.
• Sarah McPhillips, 18, has been a volunteer at Painted Pastures since 2010. She testified that the puppies held in the pen in question had always been heated and had food, blankets and water. On the day of the raid, McPhillips said her aunt adopted one of the puppies, who is a happy, healthy dog today.
• Ray McMaster is a ferrier, or horse shoer, that serviced horses at Painted Pastures for several months between 2010 and early 2011, according to his testimony. McMaster spoke about the condition of the dwarf horse, Tiny, and how the dwarfism is a genetic mutation that warped the animal's joints and hooves. The ferrier said he never saw any injuries on the horse and that a photo that appeared to be the animal's scarred hooves could have been from a recent cut or scrape. During cross, ASA Naughton presented pictures of the hooves asking if the horse could have been infected with a bacterial condition known as thrush; McMasters said no.
• Randall Verink, a veterinarian with Silvercrest Veterinary Service said he visited Painted Pastures many times to administer preventative health procedures and treat sick animals. Like McMasters, Verink testified that Hamill's dwarf horses were abnormal. Dwarf horses can have problems breathing and running, he said. Records from Verink's examinations showed Tiny's teeth, which had been noted as neglected by the state's veterinary witness, had an underbite but no other issues. The hooves, which were not healthy hooves because of Tiny's dwarfism, Verink said, were in a state "which would be acceptable," given the horse's condition.
  
  Verink also testified that he couldn't tell from any of the photographs that the eight puppies removed from the sanctuary suffered urine burns or had signs of being infected with the parvovirus. The vet said puppies can have two to six bowel movements a day and can urinate four to 12 times a day, which goes to the defense's claim that the filthy conditions in the puppy pen could have resulted from the fact that the eight puppies' cage had not been cleaned since the night before, because of the raid.

What's Next?

Naughton and Stake do not comment on pending cases. Bhatt said the defense witnesses gave a "good balance" of the facts of the case and commended the testimony of the two vets and the ferrier.

Counsel for both sides will meet with Judge Demacopolous early Friday to discuss jury instruction.

Testimony resumes Friday, Sept. 14, when Hamill is expected to take the stand.

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