People v. Curtis, 2–09–0404.

• Decision Date: 23 February 2011
• Docket Number: No. 2–09–0404.,2–09–0404.
• Citation: 348 Ill.Dec. 565,407 Ill.App.3d 1042,944 N.E.2d 806
• Parties: The PEOPLE of the State of Illinois, Plaintiff–Appellee,v.Margaret CURTIS, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

407 Ill.App.3d 1042

944 N.E.2d 806

348 Ill.Dec. 565

The PEOPLE of the State of Illinois, Plaintiff–Appellee,

v.Margaret CURTIS, Defendant–Appellant.

No. 2–09–0404.

Appellate Court of Illinois, Second District.

Feb. 23, 2011.

Thomas A. Lilien, Deputy Defender, Kathleen Weck (Court–appointed), Office of the State Appellate Defender, Elgin, for Margaret Curtis.Joseph P. Bruscato, Winnebago County State's Attorney, Rockford, Robert J. Biderman, Anastacia R. Brooks, State's Attorney Appellate Prosecutor, Springfield, for People.

OPINION

Justice HUTCHINSON delivered the judgment of the court, with opinion.

Defendant, Margaret Curtis, also known as Peggy Curtis, appeals from her conviction of one count of violating the duties of an animal owner pursuant to section 3(d) of the Humane Care for Animals Act (the Act) by “knowingly and unlawfully failing to provide humane care and treatment” to her pet cat. See 510 ILCS 70/3(d) (West 2008). On appeal, defendant contends that: (1) section 3(d) of the Act is unconstitutionally void for vagueness; (2) the State failed to prove beyond a reasonable doubt that she did not provide humane care and treatment to her cat; and (3) the trial court erred when it calculated the imposed fines and, thus, those fines should be reduced. We affirm.

Defendant lived in a two-bedroom townhouse apartment with 87 cats. Five cats that were personally owned by defendant remained in her bedroom, while the other eighty-two cats were located elsewhere throughout the residence. Defendant claimed that the 82 cats were not owned by her, but were strays that had come to her door. Defendant, fearing for the stray cats' safety, provided them with food, water, and shelter. On September 8, 2008, defendant called an animal control facility to remove all the cats. The animal control

[348 Ill.Dec. 568 , 944 N.E.2d 809]

facility was asked to keep a particular black cat separate from the other cats because that cat was “special to the owner.” That cat had a respiratory tract infection and was euthanized. Defendant was subsequently charged with violating her duties as an animal owner because of her treatment toward that particular cat.

Defendant was initially charged with two counts of violating her duties as an animal owner pursuant to sections 3(c) and (d) of the Act. See 510 ILCS 70/3(c), (d) (West 2008). Section 3 of the Act provides:

“Owner's Duties. Each owner shall provide for each of his animals:

(a) sufficient quantity of good quality, wholesome food and water;

(b) adequate shelter and protection from the weather;

(c) veterinary care when needed to prevent suffering; and

(d) humane care and treatment.” 510 ILCS 70/3 (West 2008).

Count I alleged that defendant knowingly and unlawfully failed to provide sufficient veterinary care to prevent suffering to the particular black cat. See 510 ILCS 70/3(c) (West 2008). Count II alleged that defendant knowingly and unlawfully failed to provide humane care and treatment for the same particular black cat. See 510 ILCS 70/3(d) (West 2008).

On March 13, 2009, a bench trial was held in the matter. At the trial, the State's evidence established that on September 8, 2008, three animal control officers went to defendant's residence because she reportedly wished to release some cats to them.

Deputy Stacy testified that defendant's residence contained two upstairs bedrooms and had a kitchen and a living room on the main floor. Ten to fifteen cats were present when the officers entered defendant's residence. Stacy testified that she found approximately 50 “wild-like” cats in one of the bedrooms. She testified that the bedroom “had a[n] ammonia odor. There was a strong smell of cat urine and feces.” According to Stacy's testimony, the bedroom contained two litter boxes. Stacy testified that she and her colleagues grabbed the cats with a special tool and placed them in cages. Stacy testified that many of the cats suffered from an upper respiratory tract infection and that this was “very typical of inbreeding.”

Stacy testified that in the second bedroom she found only five cats. These cats were more docile than the cats in the other bedroom; they were easy to capture. This bedroom contained one litter box. Stacy testified that, in total, the animal control officers removed 87 cats from defendant's residence.

Stacy testified that one particular black cat, with the identification number A209057, was brought to the animal control facility separately from the other cats. Stacy testified that she believed that defendant brought that cat to the facility two days later.

Investigator Mace, who also worked for animal control, testified that defendant signed an animal release form for the 87 cats. He testified that there were a total of four litter boxes in defendant's residence. He further testified that the cats he observed in the animal control facility were “feral, like stray cats.”

The expert witness testimony of veterinarian Loren Gambrel was admitted. Gambrel testified that he examined the cats taken from defendant's residence. He testified that many of the cats had upper respiratory tract infections, evident because the cats had discharge around their eyes and noses. Gambrel testified that, on September 10, 2008, he examined the black cat with identification number A209057.

[348 Ill.Dec. 569 , 944 N.E.2d 810]

Gambrel testified that cat A209057 suffered from an upper respiratory tract infection and that he treated the infection with antibiotics. Gambrel further testified that upper respiratory tract infections in cats have an incubation period of 5 to 10 days. Gambrel opined that no more than five cats should reside in a single place to ensure a healthy environment for the animals. He testified that upper respiratory tract infections can continue circulating, being repeatedly passed from cat to cat, so that, in an overcrowded environment, none of the cats can ever recover. On cross-examination, Gambrel acknowledged that azithromycin is a medication used to treat upper respiratory infections in cats.

The State rested, and defendant moved for a directed finding, arguing that the prosecution failed to prove that cat A209057 belonged to defendant. The trial court denied defendant's motion.

Veterinarian Bruce Probst of the Boone County Family Pet Clinic testified on behalf of defendant. He testified that defendant brought her cats into the clinic for treatment. He testified that defendant first came to the clinic in July 2007. Probst identified Exhibit DX1 as defendant's veterinary records from the clinic. Probst testified that he treated defendant's cat Baby Boy with azithromycin for a respiratory infection. He testified that the prescription for the antibiotic was refilled several times. Probst testified that defendant brought “different cats [into the clinic] at different times.” When asked whether defendant attempted to take good care of the cats she brought in, Probst responded that “she tried to help them.”

Defendant testified that she owned five cats. She testified that the other cats removed from her residence did not belong to her. She testified that the other cats “just came to the door at night” because they were hungry or thirsty. She testified that she did not turn the cats away, because otherwise “Olson's dogs would kill them.” She testified that her five cats received veterinary care. Defendant denied that she brought a cat to animal control on September 10, 2008, or on any other date. She testified that she would have had to sign a separate release form if she brought any animal to the animal control center.

After the defense rested, the State informed the trial court that it was surprised by defendant's testimony and asked for a continuance so that it could present rebuttal testimony from a kennel supervisor. The trial court granted the State's request. On March 20, 2009, the trial resumed. The State moved to reopen its case-in-chief, rather than to present rebuttal testimony. The trial court allowed the State's motion.

Gary Longanecker, the director of animal services for Winnebago County, testified that on September 8, 2008, he helped to collect the cats from defendant's residence. Longanecker testified that he drove a van full of cats from defendant's residence to the animal control kennels. Longanecker testified that he was told that one particular cat was special to the owner and needed to be kept separate from the others; he did not specify who conveyed this information to him. Longanecker put that cat into its own carrier. At animal services, Longanecker transferred custody of all the cats to the kennel workers. He testified that he told Sandra Tejada, the kennel supervisor, that a particular cat was “special to the owner and was supposed to be kept from the majority of the cats.” On cross-examination, Longanecker admitted that, although he knew that the particular cat came from defendant's residence, he did not know from where in her home it came. He admitted

[348 Ill.Dec. 570 , 944 N.E.2d 811]

that he did not give the cat an identification number.

Kennel supervisor Sandra Tejada testified that the procedure used by staff at the facility was that animals were given impound numbers when they arrived at the kennel. Tejada testified that, on September 8, 2008, she assigned number A209057 to a black cat. Tejada testified that she was told that the cat was “a personal cat to the owner” and was to be “treated differently than the rest of the cats.” Cat A209057 was placed in an isolated area but was later euthanized.

On March 20, 2009, following arguments by the parties, the trial court found defendant guilty on count II, failure to provide humane care and treatment to cat A209057. She was found not guilty of count I, failure to provide veterinary care. On that same day, the trial court sentenced defendant to 24 months' conditional discharge and 2 days in jail, with credit for 1 day served. The conditional discharge order stated that defe...