Woman receives probation on animal charges

Originally published in the Star Democrat Dec 11, 2011 Updated Dec 11, 2011

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By DUSTIN HOLT Staff Writer

EASTON A McDaniel woman escaped jail time and a fine at Wednesday's trial in Talbot County District Court after being convicted of failing to provide proper care her pony, Bonnie, which has a hooves disease.

Talbot County District Court Judge William H. Adkins III convicted Lynne Bergeron, 59, of 9072 New Road, of the lesser charge of failing to provide proper care while finding her not guilty of the other two charges.

Adkins gave Bergeron probation before judgment and 18 months unsupervised probation for the conviction. She also has to pay $57.50 in court costs.

Bergeron received a criminal summons March 14, charging her with animal cruelty, inflicting unnecessary suffering or pain and failing to provide proper care. Bergeron was made aware in August 2008 her pony could have Cushing's disease, which causes enlarged hooves, making standing uncomfortable for horses. Talbot County Animal Control accused Bergeron of not providing care for Cushing's until 2011; hooves should be trimmed twice a year.

Adkins said testimony by the state's and defense's doctors showed the pony did not receive proper care. He said no testimony or evidence showed Bergeron should be convicted of the more severe charges. He said he gave Bergeron probation before judgment based on her not having a prior criminal record and her willingness to voluntarily relinquish Bonnie to another owner.

After the disposition, Bergeron gave a tearful apology to the court.

"I've been riding horses all my life," she said. "I've given the best care I can. This has been a great tragedy for the whole family."

"I really think she is not guilty," said Bergeron's attorney Sandra Reno. "It's easy to tell someone what the right thing to do was in hindsight. People need to remember Lynne did extraordinary things, caring for all of her horses before this."

Talbot County Assistant State's Attorney Katherine Ault said the state's strongest case was for a count-three conviction, which Bergeron received.

"The judge made his decision and I respect it," she said.

The charges stem from a Feb. 15 visit by Talbot County Animal Control Officer Brittany Brittingham to Bergeron's for a report of uncared-for animals.

Brittingham testified she saw a chestnut pony with abnormally long hair and overgrown hooves, a sign of Cushing's disease. She said the pony appeared to be in pain and was covered in feces with a muddy living space. She said Bonnie had not been treated by a veterinarian since August 2008.

She ordered Bergeron to give the pony a dry area within 48 hours and have Bonnie's hooves trimmed within seven days. On a return visit Feb. 22, Brittingham saw Bonnie's hooves were trimmed, though the pony's living area was still muddy.

Bonnie's veterinarian, Dr. Steven Harris, who testified for the defense, said he saw Bonnie three times. He said in August 2008, he mentioned to Bergeron that Bonnie could have Cushing's disease. He said Bonnie, though, was not in any stress or discomfort during the 2008 visit.

He said he took X-rays of Bonnie's hooves in February because of the Cushing's disease concern. During cross-examination, Harris said Bonnie's X-ray looked horrible.

"[Lynne] was receiving a lot of pressure to relinquish the horse," he said. "She was having financial difficulties. She wanted to do what was best for the horse. She was willing to give up Bonnie if the Humane Society backed off."

Harris said he ended up becoming a negotiator and talks eventually failed. He said she voluntarily relinquish Bonnie to Halo's Haven Rescue in St. Michaels.

Michelle Louis, who owns Halo's Haven Rescue in St. Michaels, made the initial report with animal control after seeing Bonnie during a business meeting with Bergeron.

Louis testified Bonnie's hooves looked like they were "brutally trimmed" after Bergeron was ordered to trim Bonnie's hooves.

"It looked like someone took a saw to her feet," she said.

Dr. Teresa Martinoli, of Veterinary Medical Center, testified she visited Bonnie Feb. 22, and the pony was underweight and its hooves had been neglected of appropriate trimming. She said hooves should be trimmed twice a year and horses can live comfortably with Cushing's disease if properly cared for.

Louis said Bonnie is in great health and great spirits.