Posted on: Saturday, June 28, 2003

Man acquitted in animal cruelty case

By Christie Wilson
Neighbor Island Editor

WAILUKU, Maui — Timothy Bermudez was acquitted yesterday of 85 animal cruelty charges after a Maui District Court judge ruled that the prosecutor failed to provide adequate evidence for each of the counts against him.

Bermudez and his wife, Marilyn Jean Bermudez, were accused of failing to provide enough space and clean living conditions for 81 dogs and four cats they kept at their three-bedroom, one-bath home in Ha'iku.

The charges did not cover all 96 animals that were removed from the West Lelehuna Place house on Jan. 4, 2002, after Marilyn Jean Bermudez called animal control officers for help because the dogs were fighting.

It took officers 10 hours to remove the 14 cats and 82 dogs, including the carcass of one dog that apparently had been mauled to death.

Most of the cats were confined inside kitchen cabinets that had been converted into cages, and animal-control officials reported the home was filled with feces and other filth, and that many of the animals were malnourished and sick.

All but seven of the animals were euthanized because of poor health or lack of space at the Maui Humane Society animal shelter.

Bermudez said he was relieved by the verdict but is still hurting from the loss of the animals "I really, really loved."

Before issuing the verdict, Judge Rhonda Loo said conditions at the home were "beyond deplorable."

"I can't believe the amount of filth, waste, urine and feces that people were living in, that animals were living in ... ," she said. "I don't know how any human or animal could live under those conditions."

Although Loo said it was obvious the home was inadequate for that number of pets, she agreed with Deputy Public Defender Quintin Dollente that the prosecutor failed to connect each of the 85 animals to a corresponding animal cruelty charge.

Deputy Prosecutor Mark Simonds argued that photos of the animals, which were presented to the judge in a stack as a single exhibit, were numbered to tie in with the charges, but Loo said he should have taken the time "to go over each and every dog and cat."

Marilyn Jean Bermudez is awaiting sentencing July 22 after pleading no contest in April to 20 counts of animal cruelty, in exchange for dismissal of 65 charges.

Each charge carries a maximum penalty of a year in jail and a $2,000 fine.