As John Frasca looked at his yard filled with a York County Emergency Management Agency communications van, a canteen truck, tents set up for animal rescue workers and a line of cars parked on in the grass along his driveway, he heard sirens coming down the dirt road leading to his home in Buxton.
“This is Nazi Germany,” said Frasca, the owner of J’aime Kennel, which was raided last week by police and animal welfare agents.
A week after police seized approximately 250 animals and began treating and testing them, Frasca returned to his home at 35 Paucek Road Tuesday with his wife, Heidi, his daughter, Jaime, and state Sen. Lois Snowe-Mello. Heidi Frasca was returning to her home for the first time.
Several Buxton police officers, including Police Chief Jody Thomas, came to the scene as Snowe-Mello attempted to question animal welfare workers about the seizure. The arrival of police led to an emotional confrontation among Snowe-Mello, the Frascas and police.
On Aug. 21, the Frascas were issued 14 summonses for an unlicensed kennel, two summonses for animal cruelty and one summons for failing to provide necessary medical treatment to animals. Animal welfare workers described the kennel as overcrowded and filthy and said some animals needed immediate medical treatment. After the seizure, several dogs were diagnosed with Sarcoptic Mange, which is contagious to humans, according to police.
“The conditions were quite bad, quite filthy. Definitely overcrowded. No proper drainage for the floor,” said Andrew Ferreira, executive director of the Animal Refuge League in Westbrook, who was at the Buxton kennel on the day following the raid. “Some cases had to go out for immediate medical attention.”
Christine Fraser, state veterinarian, said Tuesday some dogs were receiving medical treatment at the kennel, while others were being sent to clinics. Fraser said dogs were being treated for both Sarcoptic Mange, the intestinal bacterial disease Giardia and other skin diseases, but didn’t have any specific number. Fraser called dental problems among the dogs “massive.”
Fraser said dogs were still being evaluated this week and information is being processed. She said no date had been set as to when all the animals would be removed from the kennel.
Staff and volunteers from the Animal Refuge League and the Animal Welfare Society in Kennebunk are assisting with care of the animals. Steve Jacobsen, director of the Animal Welfare Society, said seven bales of wood shavings a day are being used in the kennel. “It’s a very labor-intensive facility to clean,” he said.
The Frascas denied all the charges Tuesday, saying authorities have exaggerated the number of animals seized and the claims of animal mistreatment. The couple said police did not have a proper search warrant when they raided the property last week and claimed police were retaliating against them because they had notified Thomas and the town that they intended to sue them earlier in the month.
‘A scary situation’
When police arrived Tuesday, Snowe-Mello (R-Poland) had been attempting to question some of the 19 animal welfare workers at the kennel, which included two volunteer veterinarians and Fraser.
Snowe-Mello said animal welfare workers would not answer her questions. “I’m a senator. Please talk to me,” she later said she had pleaded with them.
Instead, police were called to the scene. Thomas and the lead investigating officer, Mike Grovo, who had left a short time before, responded, along with another Buxton officer. Police told Snowe-Mello she could not speak with state workers, saying they were under orders from the state that prevented her from being within 50 feet of any state worker.
“It’s outrageous,” Snowe-Mello said about the order. “This is a scary situation.”
A short time after the meeting with Snowe-Mello, as police were preparing to leave, a miniature Australian shepherd escaped from animal welfare workers and ran to the front yard, where the Frascas were standing with their daughter.
“There’s Blue. Hi sweetheart,” Heidi Frasca cried out as the dog began running circles around the family.
At that point, Grovo and an animal welfare worker came into the Frascas’ yard and tried to catch the dog. As they were calling the dog, Heidi and Jaime Frasca, 26, began crying.
Heidi Frasca shouted at Grovo as he kneeled and tried to lure the dog. John Frasca, fearful of violating an order forbidding direct contact with animal welfare workers, moved his wife away toward their car parked near their home, as Thomas and the another officer watched from a short distance away. The dog was soon captured by a worker.
The emotional scene played out a week after a raid that the Frascas believe constituted a violation of their lives and personal property rights. In addition to the dogs, they said authorities seized a horse, a steer, two parrots, three lizards and two rabbits.
Authorities also seized five computers, two telephones, tax records and other papers. The couple said kennel medical records were seized from Dr. Sarah Wormwood, their veterinarian. Wormwood declined to comment Wednesday.
Since the raid, Heidi Frasca said she has received death threats via the Internet. The Frascas are not living on the property.
The couple said the state put a $100,000 lien on their property, and they can’t access bank accounts. They have a $67,000 mortgage and are now uncertain how they’ll make payments. They estimated the value of their dogs that were seized at between $250,000 and $300,000.
“It’s everything we worked for,” Heidi Frasca said.
Licensing problems
The Frascas moved to Buxton in 2001 from Tewksbury, Mass., where they ran a small kennel. In Maine, they ran their kennel with the help of their daughter and son, Cory, 19. According to the Frascas, at least one member of the family was on duty in kennel for 20 hours each day.
Since moving to Buxton, the Frascas said they had a license every year up to and including 2006. They said the state cashed their $75 kennel-license check this year but declined to renew the license.
The couple said they did owe the state $600-$800 for a surcharge on puppy sales, a law they said has since been repealed. They said they requested a payment plan, but didn’t receive one. At some point, they turned over sales records to the state animal welfare department – a division of the Department of Agriculture – which had threatened to pull the kennel license.
This year, they would not allow representatives from the state animal welfare department entry for an inspection. “They wouldn’t give me a license so they had no business on my property,” Heidi Frasca said.
According to Fraser, “The state denied the license because of multiple statute and rule violations for breeding animals.”
While Buxton police and state animal welfare agents said they seized more than 200 dogs and puppies for testing, the Frascas say authorities have inflated the numbers. The couple said they had about 170 dogs, but they think some puppies were born last week.
“Not one was abused,” John Frasca said.
The Frascas said they had been treating puppies for Sarcoptic Mange. They said their kennel had been deliberately sabotaged with the disease because, they believe, there is an effort to eradicate large breeding kennels
Heidi Frasca said she didn’t know of any dog in their kennel with Giardia. She said two or three dogs had it in 2004 when the kennel was quarantined and the disease was eradicated.
Authorities have said that a puppy sold from the kennel had been diagnosed with Giardia. But the Frascas said they haven’t been told by the state “who or what puppy,” and considered the report undocumented.
The Frascas said a two-week supply of dog food had been delivered the day before the siezure, and that their food costs were $900 for the two weeks.
The Frascas have their private road posted with a no-trespassing sign, citing the U.S. Constiution. John Frasca said Grovo, Fraser and an animal welfare agent entered their property illegally on Aug. 2. Heidi Frasca said her husband ordered them off the property because they didn’t have a warrant. Grovo refused to leave until Frasca showed him an ID, Heidi Frasca said.
On Aug. 9, the Frascas said, they sent intent-to-sue notices by certified mail to a list of people including Thomas, Fraser, Grovo, the town of Buxton, and Jean Harmon, chairwoman of the board of selectmen. Harmon Wednesday confirmed that she had received a letter along with Thomas, a police officer and the town. The Frascas believe the raid on Aug. 21 was retaliation.
In January, they said, Thomas and an animal control officer inspected the kennel for three hours as part of the town licensing procedure. The Frascas said town officials subsequently wanted sales and euthanasia records. But, the couple said, those things are not required for a municipal license. The town had previously been denied a request to inspect.
Harmon said the Frascas requested a meeting, which was held in executive session with Buxton selectmen. “They had an issue with a former animal control officer,” Harmon said.
The former animal control officer was Alexandra Sanborn, who has left the position. Harmon said her replacement, Jessica Hillock, was just recently hired. Sanborn could not be located before American Journal deadlines.
John Frasca said they faced a court date this week at Biddeford District Court to answer why the state shouldn’t keep “our” animals. But the Frascas said they can’t present a defense without the state returning their records. This week, they successfully filed a document with the court demanding an extension and return of the records.
The new date has been set for Friday, Sept. 21, but the state hadn’t returned anything by Tuesday. They face another court date in November for the summonses issued on the day of the raid.
Snowe-Mello is questioning the state’s actions.
“It looks like the Department of Agriculture is going by speculation or not acting on good faith,” Snowe-Mello said. “The pit of my stomach is turning over right now.”
“It was 100 percent in violation of the Constitution,” John Frasca said about the seizure.
“We’re searching for a lawyer,” he said.
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