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DOGS' OWNER DENIES CHARGES.


Byline: Karen Maeshiro Staff Writer

LANCASTER - A retired school cafeteria manager from whom county officials seized more than 200 Chihuahuas pleaded not guilty Tuesday to felony animal cruelty and other charges.

Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County animal control officials also are seeking to remove two Chihuahuas, a male and a female, remaining at 72-year-old Emma Harter's Acton home, because they are not spayed spay  
tr.v. spayed, spay·ing, spays
To remove surgically the ovaries of (an animal).



[Middle English spaien, from Anglo-Norman espeier, to cut with a sword
 or neutered neu·ter  
adj.
1. Grammar
a. Neither masculine nor feminine in gender.

b. Neither active nor passive; intransitive. Used of verbs.

2.
a.
.

``There is some worry that it will be the beginning of the next generation of 200,'' Deputy District Attorney Steven Heller said after a court hearing Tuesday in Lancaster.

Harter, who is free on a written promise to appear in court, is charged with two counts of felony animal cruelty and misdemeanor charges of battery on an animal control officer, creating a public nuisance public nuisance n. a nuisance which affects numerous members of the public or the public at large, as distinguished from a nuisance which only does harm to a neighbor or a few private individuals. , running an illegal kennel, animal endangerment, keeping animals in unsanitary un·san·i·tar·y
adj.
Not sanitary.
 conditions and failing to isolate sick animals.

Harter was convicted in 1995 for operating an illegal kennel, but that conviction was overturned by an appeals court.

Lancaster Superior Court Judge Lisa Chung is expected to rule Friday on what do with 170 Chihuahuas that have been kept at a county shelter in Baldwin Park Baldwin Park, city (1990 pop. 69,330), Los Angeles co., S Calif., a suburb of Los Angeles, in the fertile San Gabriel valley; settled 1870, inc. 1956. Its industries include metal fabrication, printing, and plastics manufacturing.  since being taken by authorities from Harter in November.

Officials estimated in July that it was costing the county about $2,000 a day to keep the dogs, totaling about $500,000 as of last month.

Chung denied a motion by Harter's attorney that the battery charge should be tried separately from the animal charges. Her attorney said the battery charge would be inflammatory and prejudicial if combined with the animal charges.

The prosecutor argued that the alleged battery took place during the serving of a search warrant and that ``any prejudice that might take place is minimal.''

``It's a misdemeanor charge. It's not a charge where she fired a shotgun,'' Heller said. ``Separating the count out would be an incredible waste of time and burden to the system.''

At a court hearing in July, an agreement about what to do with the dogs fell apart after Harter refused to sign on to an agreement that would have released them to a Chihuahua rescue group based in Burbank.

At Harter's home, the Chihuahuas had formed feral feral

untamed; often used in the sense of having escaped from domesticity and run wild.
 packs that preyed on weaker dogs, animal control officials have said. Inbreeding inbreeding, mating of closely related organisms. Inbreeding is chiefly used as a means of insuring the preservation of specific desired traits among the offspring of purebred animals (see breeding).  also had affected their behavior, officials said.

County officials said just 36 of the dogs are adoptable, but officials with Burbank-based Chihuahua Rescue, which has spearheaded the effort to save the dogs from being killed, have said the dogs can be rehabilitated and given to new owners.

Karen Maeshiro, (661) 267-5744

karen.maeshiro(at)dailynews.com

CAPTION(S):

3 photos

Photo:

(1 -- 2 -- color -- ran in AV edition only) At left, Stuart Little is among more than 200 Chihuahuas owned by Emma Harter of Acton, who pleaded not guilty to felony animal cruelty and other charges. At left, Chihuahua Rescue volunteers Janet Wingfield, left, Adrianna Pyles, 12, and Lisa Posso bring some of Harter's pets to the arraignment A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted .

(3 -- color -- ran in AV edition only) Emma Harter, 72, is charged with two counts of felony animal cruelty and misdemeanor charges that include running an illegal kennel and animal endangerment.

Jeff Goldwater/Staff Photographer
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No portion of this article can be reproduced without the express written permission from the copyright holder.
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Publication:Daily News (Los Angeles, CA)
Date:Aug 6, 2003
Words:532
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