AR-News: (VT - US) Cabot farmer who starved his cattle pleads innocent

[Snugglezzz at aol.com]

Cabot farmer pleads innocent to animal cruelty
May 20, 2004

By Robin Palmer 

TIMES ARGUS STAFF 

BARRE - Christian deNeergaard, a Cabot farmer accused of starving his herd of cattle, pleaded innocent in Vermont District Court in Barre Thursday to five counts of animal cruelty. 

Barre attorney Jon Valsangiacomo entered the innocent plea on deNeergaard's behalf. DeNeergaard, 47, tall, red-faced and balding, appeared in court in jeans and a pale green colored polo shirt. His wife, Twyla, was at his side. 

In an interview after the brief arraignment, Valsangiacomo said he had no comment on what deNeergaard's defense might be. 

Judge Patricia Zimmerman gave attorneys until July 15 to depose four witnesses, two veterinarians and two Agency of Agriculture officials in the case. A status conference on the case is also planned for July. 

DeNeergaard was released on conditions that include he not possess animals, besides the cats his wife owns. Deputy State's Attorney Brooks McArthur requested that condition and Valsangiacomo and deNeergaard offered no objection. 

People for the Ethical Treatment of Animals (PETA) has asked that deNeergaard face jail time and have to undergo counseling at his expense. 

DeNeergaard shipped his 75-cow herd for slaughter on Jan. 31 after some of the Holsteins at the farm died. Initially, Twyla deNeergaard told police the animals were suffering from a virus. A veterinarian, who inspected dead cows frozen in a pile behind the barn in March, determined they had been starved. 

Cabot residents had previously called state police with concerns about dead animals seen outside the barn. Vermont State Police and two Agency of Agriculture officials went to the farm on Dec. 4 prepared to seize the animals, investigating officer Sgt. Walter Smith said in an affidavit filed with the court. 

While dead animals were observed and no food or water was available to the animals inside a barn, there was no evidence that the animals were starving at that time, and DeNeergaard offered explanations for the condition of the barn. 

On Jan. 31, the conditions seemed more dire, however. 

A trucking company employee called to take the cows away called the condition of the animals taken as "shocking." They were sent to slaughter. 

Smith, who inspected the farm after the animals were taken, said, " ... I observed 15 dead cows in the barn, which were not the same dead cows I observed in the past (in December). I did notice there was water in the water tank, but there was no sign of fresh feeding." Smith wrote in his Jan. 31 inspection of the farm that "all the living cows had been removed from the barn prior to my arrival. 

"Outside, I observed a cow that had cast herself into the feed bunker and died a few feet away from the available feed. Two other dead cows were located in a pen on the east side of the barn near the road." 

When veterinarian Steve Sanford inspected the farm on March 10 with Smith, who obtained a search warrant to look at the situation, the barn had been scraped out and dead cows piled up outside in the below-freezing Vermont temperatures. 

"Eleven animals were identifiable while others were buried in the snow. All 11 animals were totally emaciated. There was virtually no muscle mass left on any of the animals. They were literally a skeleton covered with skin," Smith wrote that Sanford had found. 

"I asked Dr. Sanford if he could tell me how the animals died and he advised that they starved to death," Smith wrote in a supplemental affidavit. 

Valsangiacomo said deNeergaard's innocent plea denies allegations that he was not properly feeding and caring for his herd. If the animals were sick, the law requires deNeergaard to seek medical care for the herd, which the affidavit alleges he had not. 

If convicted, deNeergaard faces a maximum of a year in jail, a $2,000 fine or both for each count. McArthur has said he anticipates filing additional counts against deNeergaard. The five counts represent the number of dead animals one witness saw at the farm. 

According to the affidavit, deNeergaard allegedly told police he was concerned he was suffering from depression. 

Contact Robin Palmer at robin.palmer at timesargus.com or 479-0191, ext. 1171.