5/28/2019
Jim Evancho
Seventeen dogs were turned over to Cheaha Regional Humane Society to be held in protective custody pending the outcome of animal cruelty charges. Today, the Judge in the appeal of those seventeen separate cases, ordered that all seventeen dogs be released back to the Defendant in those cases, within 7 days of today’s date. He also ordered that the action against the defendant be dismissed with prejudice. Here are some of the details about these cases.
On August 6, 2018 Cameo Spendlove was charged by The City of Anniston Police Department with 17 counts of animal cruelty and one count of sanitation of premises when it was alleged that seventeen dogs, primarily Shih Tzu’s, were being mistreated. The dogs were taken from the Defendant by animal control/law enforcement and were delivered to, and received by, Cheaha Regional Humane Society, Inc. to hold in protective custody. At the time CRHS was the contracted business to maintain the Calhoun County Animal Shelter. The charges were filed in the City of Anniston Municipal Court and tried by the City Prosecutor. On January 9, 2019 The City of Anniston prosecutor was victorious and secured a guilty verdict on all counts.
Spendlove’s attorney of record, William H. Broome, filed an appeal with the court system on January 18, 2019 and the case was assigned to Judge Brian P. Howell. During the appeal process the attorney for the defense filed a motion to inspect the dogs as a part of the trial preparation. “That the inspection of these animals and other physical evidence is necessary and material for the Defendant’s attorney to adequately prepare for Trial in the above styled criminal cases” was listed on section 3 of the Motion To Inspect filed by Broome on April 17, 2019. On the same date Judge Howell granted the motion and ordered The City of Anniston to make all seventeen dogs available for inspection. The order from the Judge also specifically read in part “The City of Anniston shall make the animals taken from the defendant and any documentation relating to these animals from Cheaha Regional Humane Society available for inspection by the attorney for the Defendant within thirty (30) calendar days”.
According to public records on April 18, 2019, The City of Anniston Prosecutor contacted Cheaha Regional Humane Society’s attorney of record to request the dogs be produced for inspection by the defense. The following day the council for Cheaha responded by advising that Jane Cunningham had been notified of the order. Later that same day the Cheaha attorney communicated with the prosecutor and advised that he had spoken to Jane Cunningham who acknowledged the order and stated she is making arrangements with Dr. Clanton, a Veterinarian in Jacksonville, to have all the fosters bring their “wards” to his office for inspection.
The Jacksonville Journal was also made aware, by an outside source, that at least one of the dogs in question appears to have been adopted out to a family prior to the case being closed. A receipt for $100 made out to an adoptive family was completed on September 1, 2018 and was for “Adoption Taylor”. The adoption receipt was issued during the protective custody term.
With the animals being in held in protective custody by Cheaha Regional Humane Society for the The City of Anniston and with the the demand to inspect being given directly to Jane Cunningham it was their responsibility to produce the animals. Cheaha failed to produce the animals by the date listed on the order causing the defense to file a Motion to Dismiss for Lack of Prosecution. The motion stated in part the cause for the request for dismissal was due to “The City of Anniston failed to provide said animals and/or paperwork for inspection by the undersigned attorney within the thirty days allowed by this honorable court”.
On May 28, 2019 Judge Howell rendered his decision on the motion to dismiss granting it and reversing the original conviction that was won by the prosecutor. The defendant in the case is now considered exonerated from the charges and is not guilty of the allegations. In the order signed by the Judge it is also ordered that all seventeen dogs be returned to Spendlove within 7 days.
This is not the first time that there was a mishandling of a dog in protective custody. In 2018 The City of Oxford Police Department had taken a dog, Blue, into protective custody due to an animal abuse allegation. During the time that the dog was in protective custody, a staff member of Cheaha Regional Humane Society, Jamie Pate, was allowed to adopt the dog. Josh Morgan was the CRHS director appointed by Jane Cunningham at the time and signed all the adoption paperwork. A receipt dated February 23, 2018 was made out to Jamie Pate and was listed under the “for” section as “Blue Adoption”.
Jamie Pate stated “I quit CHRS two or three days before May 13, 2018” and according to Pate, The City of Oxford Animal Control contacted Pate on May 13, 2018 and advised that she had to return the dog. Oxford Animal Control left the City of Oxford and traveled to The City of Jacksonville and took custody of the dog again and returned it to Cheaha for protective custody.
Calls to Cheaha Regional Humane Society by The Jacksonville Journal went unanswered.
