A New Hampshire woman is facing an animal cruelty charge after police and animal rescuers removed 44 small dogs from her home.  Animal Rescue League investigator Maureen Prendergast said the condition of the dogs was the worst she'd ever seen. She said the dogs were covered in feces, and many exhibited behavior indicating they had been confined for an excessive period.

The dogs include Yorkshire terriers, shih tzus and poodles.

Seventy-eight-year-old Virginia Smith of Mont Vernon was charged with a misdemeanor count of animal cruelty and neglect.

Smith signed over ownership of 22 of the dogs, which rescuers say will speed the adoption process. The others will remain in Rescue League custody. Four will be euthanized.

Update 4/14/10:  At the end of her day, Maureen Prendergast could still vividly remember the sight of those 44 dogs, nervous and neglected all cramped in one small room.

"Walking into the room, you were taken aback by the numbers and the conditions," she said.

The dogs' fur was badly clumped and matted, so severely in one case Prendergast couldn't tell if the dog had two eyes until the matts were cut away. Most of the animals were covered in feces, some scurried nervously in circles.

The owner seemingly picked at random which ones she would give away for adoption and which ones she would try to keep. The Rescue League will attempt to take ownership of the other 22 dogs, but until a judge decides, they will be held as evidence.

"In this sort of a process, I'm just grateful that any of them can move forward," Prendergast said. "When we get tied up in a court process, it's really the animals that suffer."

All of the dogs were taken to the Rescue League's Bedford location to be evaluated and cared for. Prendergast and a few volunteers wanted to get through at least 22 of the dogs - 4 hours later they had two dogs left to go.

Each dog was weighed, photographed and given a medical exam. Bad matting of the fur was cut away to make them more comfortable.

  (Photo courtesy of Bob Hammerstrom/The Nashua Telegraph - Workers at the Animal Rescue League of New Hampshire in Bedford, shave one of more than 40 dogs found in a home, their fur matted so badly that some had to be shaven before their faces were visible)

  (Photo courtesy of Bob Hammerstrom/The Nashua Telegraph  - With her family members looking on from a makeshift pen, workers check the teeth of one of the dogs - the teeth were all loose)

  (Photo courtesy of Bob Hammerstrom/The Nashua Telegraph - Getting down on their level, workers at the Animal Rescue League of New Hampshire try to coax a dog to walk)

Many of the dogs had identifiable names from the owner. The dogs were put in kennels and given collars with their names on it. Others needed new names. Rescuers came up with names like Caramel, Sobe and Patrick for the small poodle mixes, terriers and mixed breeds.

Animal abuse takes on many forms, ranging from violence and outright cruelty, to neglect and lack of care. This case is more of the latter, Prendergast said.

"This is a situation where the person did not set out to harm these animals. This is more of a situation of neglect," she said. "I don't think it was intentional at all."

In situations with so many animals in one home - "hoarding" the Rescue League calls it - the living conditions of the animal's owner is also unhealthy.

"It's impossible with this many animals for them to maintain their care as well," Prendergast said.

Smith was charged with one misdemeanor count of animal cruelty and neglect, according to court records.

Smith's husband, Roland, died at the couple's home March 1, and police and emergency responders became aware of the squalid conditions that the elderly couple and the dogs had been living in, according to the warrant affidavit filed at Milford District Court by Police Chief Kyle Aspinwall.

"It was multiple dogs in a kennel, such that they didn't really have sufficient room," Aspinwall said. "There were issues with urine and feces."

By the end of the night at the Rescue League, many of the dogs were settling in and getting comfortable. It was a rewarding thing to see, but many of these animals still have a long road ahead of them, Prendergast said.

The court case deciding the fate of the remaining 22 dogs could take months. In a best-case scenario, it could take a month or less. Sometimes, it could take up to a half year or more.

Despite the conditions the animals came from earlier that day, their personalities were starting to shine through. Like Sally the tiny Yorkshire terrier who has a very busy demeanor. She was charming the rescuers by the end of the night. "She doesn't hold still," Prendergast said.

And little Hannah, who earned the nickname "Hannah Banana."  "She gets excited when we say that," Prendergast said. "She knows we're talking about her."

Along with all these dogs, the Rescue League needs help. Donations of food, bedding, blankets and especially animal groomers willing to donate their time would be of great assistance, Prendergast said.

The Animal Rescue League of NH, at 545 Route 101 in Bedford, can be reached at 603-472-3647 or http://www.rescueleague.org/

Update 5/4/10:  Smith pleaded innocent to one count of animal cruelty in Milford District Court after dozens of dogs were seized from her Mont Vernon home.

On April 13, police and staff from the Animal Rescue League of New Hampshire executed a warrant to enter Smith's home on Francestown Turnpike and seized 44 small dogs that had allegedly been confined to cages and covered in feces.

Smith was in court for her arraignment, during which she pleaded innocent to the single misdemeanor count. Judge Martha Crocker told Smith she would appoint an attorney to assist the woman with her trial, but Smith tearfully begged the judge to "get this done today." Smith told the judge that she had recently lost her husband and that since the animals were seized, she hadn't been able to eat or sleep.

"I can't take this anymore," she said. "I really can't."

But Crocker was adamant that Smith should meet with an attorney and refused Smith's request to hear the case immediately.

"Do you understand that you could face a year in jail for this charge?" asked Crocker.

Still, Smith continued to demand that the case be heard.

"I know what I'm up against," she said. "Why can't we settle this now? You're tearing my heart out."

Crocker made it clear that she wouldn't be entertaining any further questions until Smith met with a lawyer. Smith is expected back in court on June 1.

Since her dogs were seized on April 13, Smith has signed over ownership of 27 of the dogs to the rescue league, and has retained ownership of 17, said Caroline Boyd, President and CEO of the Animal Rescue League based in Bedford.

"Of the ones (Smith) retained, she did request that we euthanize four who were critically ill, which we did," said Boyd. "Of the ones signed to us, five had to be euthanized for critical medical conditions, one is pending some additional medical testing, and the rest were altered for adoption."

Most of the surrendered dogs have been adopted, Boyd said.

"We've had a wonderful response from the community with people wanting to welcome these dogs into their homes and give them their second chances," said Boyd. "The first day that the first group became available for adoption, we had a line at the door two hours before we opened."

The dogs that Smith has retained ownership of are currently being cared for by the Animal Rescue League until the case is concluded in court. Crocker could order the league to return the animals to Smith, or could order the animals to be surrendered, depending on the outcome of the case.

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