Activists demand charges be refiled for Eden dog-abuse case

Dozens of animal advocates from Vermont and New Hampshire gathered on the lawn of the Lamoille County Courthouse last Friday to honor the 94 animals that were pulled from a home in Eden two years ago, and to demand that animal abuse charges be refiled against the woman who held them in a dirty, confined space.

Carol Merchant, 59, of Eden — now known as Carol Byrd — was charged with eight felony counts of animal cruelty, but she was not tried on the charges because a psychiatrist found her incompetent to stand trial.

Judge Thomas Carlson dismissed the charges April 18 without prejudice, which means the case could be reopened later.

Protesters said the outcome was unacceptable.

“This case involves a staggering 94 animals, many of which were transported to Carol from a Southern high-kill shelter hoping to find their forever home,” said Jen Kittell, one of the organizers of the rally. “Instead, they suffered, and the charges were dismissed.”

With the clock ticking ever closer to the statute of limitations deadline in February, a petition to reopen the case circulated throughout the community. Protesters demanded Finnerty reinstate the charges, and bar Byrd from living with or handling animals for at least 25 years.

“My mom used animals to teach us passion for those who can’t fend for themselves,” said Brenda Marotto, whose dog Jack was one of the animals pulled from Byrd’s home.

Jack, who’s estimated to be 9 years old, weighed less than 30 pounds when he was found, and is now a healthy 50 pounds, but the German pointer has severe separation anxiety. He went through phases, asserting dominance and becoming aggressive when he was afraid, and — originally from Florida — would regress into his bad habits when winter and cold weather set in.

“His separation anxiety would send him into a destroying rampage when we left the house,” Marotto said. “He was afraid he would never get food again, and pawed and chewed through a 200-year-old wooden door, and two extendable gates just to get to the laundry room where his food was stored.”

Jack gorged himself on so much kibble that he had to be taken to the veterinarian for emergency care. It was then that an X-ray also discovered BBs lodged in Jack’s ribs.

Hope, another dog pulled from the house, was emaciated and needed eye surgery because of an infection. Her owner, Bonnie Mason, said Hope loves people and other animals, and doesn’t have quite as much anxiety as Jack.

“Please teach Carol that there will be consequences for her actions. Never allow her to live with animals,” Marotto said.

The protesters held signs bearing the names and photos of animals removed from the house, including names of those that survived — some of which were with them at the rally — and the names of those that didn’t make it.

A moment of silence was observed in their memory.

Immediately after the rally, Kittell had planned to quietly deliver the petition bearing 4,000 signatures to Finnerty’s office down the street, or have a representative from his office bring it down. She felt badly when nearly a dozen other people streamed into Finnerty’s offices, demanding he refile the criminal charges.

“Passions ran deeply for some as we presented the petition, and we wish it had been done in a more formal manner as planned,” said Kittell and her friend Victoria Greenia.

Finnerty told the protesters his hands were tied when it came to prosecuting this case.

“I work within a system that has certain rules, and I have to follow those rules,” he said. “If people are found to be not competent by an independent forensic psychiatrist who works regularly for the court, then I have to accept that opinion.”

Protesters pointed out that Merchant was competent enough to get married and continue shopping for herself since 2015.

Finnerty responded that the legal definition of competence is different from its definition in common parlance.

“In order to be found legally competent,” he said, “someone has to be able to participate effectively in their own defense. It’s different than saying, ‘Oh, well, she can go to the grocery store and buy her groceries — she must be competent.’ It’s not the same idea.”

“If they are not found competent to stand trial, they should not be competent to own animals,” said Carole Crossman.

Finnerty told the group that there is no legal basis for that stance.

“I think it’s a great idea, but the mechanism doesn’t exist,” he said.

Finnerty has until February to file charges again under the statute of limitations, but said he’s not confident the situation will change before then.

It is possible that Byrd will never be found competent to stand trial.

Even if the case is reopened, Finnerty said he is wary of seeking a felony conviction.

“With felonies, the act has to be intentionally malicious and cruel,” Finnerty said. “The facts just aren’t there. (Byrd) thought that, because many of these animals were rescued from high-kill shelters, having them all in her home was the lesser of two evils.”

If Byrd is charged with a felony again, and the psychiatrist didn’t find malicious intent at the time the crime was committed, the outcome will be the same.

“People have elevated their pets to the level of a family member, and they feel the need to protect the animals that can’t protect themselves. It’s a visceral and legitimate response, but I still have to follow the law,” Finnerty said.

Indeed, one activist muttered, “If this was a child abuse case, Carol would have been tried.”

“It does not change our mission to get justice for these animals,” Kittell said.