THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, September 23, 1994 TAG: 9409230535
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JOE JACKSON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 76 lines
Rochelle Ferro, the Ghent woman found guilty last month of 26 charges of failing to vaccinate and license her pets, has gotten her remaining animals back from the Norfolk SPCA after a judge ruled that the city - not Ferro - is responsible for a $10,000 boarding fee.
Chief Circuit Judge John C. Morrison Jr. ruled Wednesday that Ferro did not have to pay the fee to the animal shelter. Since the pets were seized on June 30, the shelter's $8-a-day boarding fee per animal had mounted to a total of more than $10,000.
Ferro tried to pay the fees and get her 30 dogs and cats released on the day they were seized, said Chris A. Christie, her attorney. But the city would not give up the animals, saying they were evidence needed for trial.
``In essence, the city was holding the pets hostage,'' Christie said in an interview. ``The Ferros tried to get their animals out the day after they were seized, then the next week, then the next. But the city would not allow it because the animals were kept as evidence for search and seizure - evidence to be presented in court.
``I argued that the city was holding the animals prisoners for an enormous sum of money,'' Christie said. ``Judge Morrison agreed . . . .''
Still, the city can sue Rochelle Ferro or her family in civil court if it wants to recoup the $10,000, Morrison said Thursday in an interview.
Andre Foreman, the city attorney who prosecuted the case, said Thursday that city officials were discussing whether they would sue.
Rochelle Ferro was not available for comment Thursday.
Animal control officers seized Ferro's five dogs and 25 cats from her Colonial Avenue home in June after neighbors complained about the stench of urine and feces. On Aug. 22, she was found guilty in General District Court of the 26 counts and fined $1,300. But when the trial was over and the animals could be released, she ran up against the accrued fees.
On Aug. 30, Ferro paid about $4,000 for the release of three dogs, said Ruth Green, the Norfolk SPCA's supervisor. The two other dogs apparently had been freed before the city imposed its no-release dictum. Ferro told SPCA officials that she and her son Harry would take care of the dogs.
On Wednesday afternoon, Ferro took back 19 cats, Green said. Six other cats had died in captivity, records show. Ferro wrote on the form that the surviving cats would be released to a family farm in Maryland, Green said.
Ferro and her adult children were waiting at the Norfolk SPCA an hour and a half before the court order arrived, Green said. ``Every time the fax machine rang, they were on their feet.''
This is not the first time the Ferros have gotten into trouble over their love of animals. In July 1992, police and animal-control officers raided their three-story home and removed 112 rabbits, 88 cats and 20 dogs. The cats and dogs were released when Ferro said she would take them to the Maryland farm, but the family eventually started bringing the animals back.
Morrison's decision would not affect future large-scale roundups of animals, said Lt. Philip McKeon, who heads the Animal Control Division. ``We look at this strictly from a law-enforcement standpoint - in fact, we're planning on hitting a house this morning with nine dogs,'' he said.
KEYWORDS: PETS by CNB