News10NBC Investigates: ‘I have to be able to prove the animal is suffering, in pain or dying’: Lollypop Farm on challenges of making arrests

Lollypop Farm on challenges of making arrests: ‘I have to be able to prove the animal is suffering, in pain or dying’

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ROCHESTER, N.Y. – As the colder weather sets in, the Humane Society of Greater Rochester is seeing a spike in calls to its hotline for reporting suspected animal abuse or neglect.

SPCA cruelty investigators who work out of Lollypop Farm cover a wide portion of our area, including all of Monroe, Livingston, Genesee, Orleans counties, they also assist in Wayne County.  Three investigators are out every day looking into complaints but even in the cold winter months, there are only very basic standards that pet owners need to meet.  Most of the time, what seems like cruelty doesn’t fit the legal definition.

The investigation process

On a typical day this time of year, Investigator Laura Thompson will make four or five home visits.  News10NBC Investigative Reporter Jennifer Lewke rode along with her on Thursday to get a feel for the work she does.  The first stop of the day was for a complaint about an emaciated dog chained to a dog house outside in the City of Rochester. As Investigator Thompson approaches every house, she makes a whistling sound to see if the animal is around and then she looks for its human.

“My name is Investigator Thompson, I’m from the humane society, somebody called about you guys having a thin dog,” Thompson said to the woman who answered the door. 

The woman was quick to bring out her two inside dogs for inspection, but when it came time to talk about the one chained to a dog house in her side yard, she claimed it was someone else’s. Investigator Thompson didn’t believe the dog was in imminent danger but told her it needs to be fed more food. She also talked with a few neighbors who promised to keep an eye on the dog and the situation, until she shows up for a surprise follow-up visit.

“It might be something where they’re not getting enough calories because they live outside, what they ate in the summer might not be sufficient to keep weight on them in the winter when they’re trying to keep warm,” Thompson explains.

Of the 3,200 calls for service last year in Lollypop’s territory,  900 of them led to cruelty investigations and of that, 20 people were arrested for animal cruelty.

What is considered “animal cruelty” by law?

Dogs are allowed to be outside in the elements as long as they have food, water and some sort of shelter.  Cats, horses and farm animals only require a food and water source, not shelter, legally.  For it to be cruelty, “I have to be able to prove in court that the animal is either suffering, in pain or dying,” says Reno DiDomenico, the Vice President for Humane Law Enforcement at Lollypop Farm. 

Forensic veterinarians at Lollypop Farm conduct animal autopsies that can normally prove whether the death was caused by cruelty. It’s proving beyond a reasonable doubt that an animal is in pain and/or suffering that can be tough.

“So if I go, and I see that this dog is just sitting outside and I don’t see shivering, or I don’t see signs of frostbite or if I don’t see something that indicates that dog is in distress, there’s nothing I can do except make sure that the dog house is adequate,” DiDomenico explains. “If the dog is standing outside and there’s no dog house and there’s no people there then, yes, now I can take that because they’re violating the shelter law.”

Most of the laws surrounding animals only kick in during or after the animal experiences pain. That’s something DiDomenico is trying to change.

“In 80% of domestic violence cases, if there’s an animal in the home, the animal is being abused so, if we can arrest the person abusing the animal, then we can stop human violence,” Di Domenico says.  “Right now, all animal cruelty laws are reactionary so something has to happen to an animal before we can act, and that’s where the animal advocates get upset…they get upset because they don’t want to see the animal suffering or in pain, so I’m trying to get a law where I can act, prior to that happening so, reckless endangerment of an animal.”

As DiDomenico works with local state lawmakers on crafting legislation for consideration, his team continues to respond to calls in an effort to protect as many animals as they can. 

How to report abuse

To report animal abuse call: 585-223-6500 or click here.

DiDomenico is looking to add to his team of investigators, if you’re interested in becoming a humane investigator, click this link.

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