ILNews

Appeals court upholds woman’s sentence for treatment of cats

Back to TopCommentsE-mailPrintBookmark and Share

A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.

Constance Anderson rented a property on Elmer Street in Fort Wayne that housed as many as 85 cats. She did not live there, but would visit the property occasionally to dump a bag of food on the ground. The home was covered in urine and feces and the animals even cannibalized their young. The air in the home tested in excess of four times the amount of ammonia typically found in normal air quality.

Animal control officers also found more than 20 live cats and 20 dead cats at the home where Anderson lived on St. Mary’s Avenue. All but five of the 108 live cats discovered between the two homes had to be euthanized. The conditions of the home led to the Elmer Street home becoming slated for demolition and required $13,000 of renovations to the St. Mary’s Avenue home.

Anderson pleaded guilty to two counts of Class D felony criminal mischief and five counts of Class A misdemeanor animal cruelty without a plea agreement. She received five one-year sentences on the misdemeanors to be served concurrently with three-year sentences on the felony charges.

In Constance Anderson v. State of Indiana, 02A03-1211-CR-495, Anderson argued the state should have considered her education and employment history, lack of criminal history, cooperation with investigators, her remorse and her mental state as mitigators. The appeals court pointed out the record shows the Allen County court considered each factor, but found none were significant. Her remorse was attributable to being caught rather than regret for her conduct.

Regarding her sentence, the judges noted her conduct “clearly exceeds the elements necessary under the charged offenses.” She caused significant damage to both homes and she knew the state of the animals because she left nearly 85 cats in the one house without adequate food and water and also didn’t properly care for the cats in her residence.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT