ROANOKE TIMES 
                      Copyright (c) 1997, Roanoke Times

DATE: Thursday, February 27, 1997            TAG: 9702270059
SECTION: VIRGINIA                 PAGE: C-1  EDITION: METRO 
DATELINE: ROCKY MOUNT
SOURCE: TODD JACKSON STAFF WRITER

DOG BREEDER CONVICTED HER `LABOR OF LOVE' WENT ASTRAY

Valery Green, the Franklin County breeder whose 119 dogs and cats were seized last month, was convicted Wednesday of animal cruelty and running a dog kennel as a nuisance.

General District Judge George Jones fined Green $600 and gave her suspended jail sentences.

Green had pleaded not guilty to the criminal charges Wednesday. Testimony was waived, since Jones heard the civil case just a month ago.

After a three-hour civil hearing Jan. 23, Jones ruled that Green's 68 dogs and 51 cats were to be taken from her. The charge, brought by the Franklin County Humane Society, prompted what was essentially a custody hearing for the animals.

The cats and dogs are being boarded at local kennels and in the homes of volunteers and will be adopted out, pending her appeal. The mounting expense of housing and feeding the animals is being absorbed by the humane society.

The organization will be allowed to recoup some of the money through adoption fees if Green's appeal is denied.

Witnesses called to testify Jan. 23 described unfit living conditions for Green's cats and dogs. An animal control officer said he had to wear a gas mask while inspecting Green's rental property near Ferrum because of the overwhelming stench of feces inside and outside her house.

Green, who has a history of animal care charges elsewhere in the region, admitted that she has too many animals, although she said she wanted to keep about 20 of them.

"It was a labor of love that went too far," she said.

Minutes after Green was found guilty Wednesday, her attorney, Wayne Inge, filed an appeal.

The appeals of Green's criminal and civil convictions will be heard March 11 in Franklin County Circuit Court. Another attorney, Rena Berry, is representing Green in the civil case.

Inge wanted the appeals to be heard on the same day because he plans to raise double jeopardy concerns.

There is case law based on the forfeiture of property that can be compared to Green's legal problems, he said. If Green's animals are seized, they are worth a monetary price - just as a home or an automobile is, he said.

There must be boundaries to make sure laws don't overlap and go too far in punishing an individual in cases such as Green's, he said.

Franklin County Commonwealth's Attorney Cliff Hapgood said there is a clear difference between the civil and criminal penalties Green incurred.

He said the civil seizure of Green's animals was done in the interest of the cats and dogs, not to punish Green. The criminal charges carry that distinction, he said.

LENGTH: Medium:   57 lines
ILLUSTRATION: PHOTO:  (headshot) Green. color.