STATE OF MARYLAND v DIANA BACHMAN
 
Case No.: 4V00041297
 
Convicted on November 3rd One Count Misdemeanor Animal Cruelty/Neglect
 
Sentenced to: 45 Days in Jail (suspended), 18 months supervised
probation, 50 hours of community service to be accomplished by March,
2005, Fines of $300, Court Costs $55, and required psychiatric evaluation
and counseling.  She's not allowed to have any pets.  <not sure what
length of time, or if it's forever>
 
It's important to first read and understand the Maryland Statute.  Please
read it here..
http://www.rockysferrets.com/abuse.html
 
Initially Officer Sahaydak, Kim Sikorski and myself believed that Diana's
crime was a felony.  The act has to fit the criteria of the statute.  The
Felony (section) 10-606., didn't fit.  What was missing was an eye
witness to intentional malice.  In other words, she intentionally with
hate, sought to hurt these ferrets.  The Felony was a weak case at best,
and a good defense lawyer could have had Diana acquitted easily.
 
Officer Sahaydak, went to the Comisioner with the charging document.  Our
best bet at getting a conviction, was to go for a Misdemeanor violation
of the statute, (section) 10-604.  She filed for five counts of
misdemeanor animal cruelty/neglect.  This was in July 2004, almost one
year after the crime.  This is important to note.  In Maryland, there is
no statute of limitations on felonies, there is a one year statute of
limitation on charging anyone on a misdemeanor statute.
 
Many of you may have wondered what happened to this rescue.  The ferret
community is a passionate and out-spoken group.  We were soliciting
letters from eye-witnesses, past and present, and couldn't afford to have
those letters buried in outrage letters from the ferret community.  They
had to be seen and read, and not just part of a pile of un-read letters
on some States Attorney's desk that already didn't give a damn about this
kids.  This was a very, very significant piece of strategy on our part.
 
These letters eventually were part of the file, read by the judges
mentioned below.  If you think for one moment, that once a crime is
committed, you can sit back and watch the judicial system move forward
you are very wrong.  Without Rocky's Board of Directors being pro-active,
and pounding all elected and appointed officials this past year, there
was a very good chance that this case would have never come to
prosecution.  We refused to allow it to die, and were vigilant, and
down-right obnoxious.  In March 2004, I was told by the Director of the
Washington County HS that he had no knowledge of this case, he didn't
even want to be involved.  It was his Officer that initiated this rescue.
It was an uphill fight from there.
 
First week September 2004, Officer Sahaydak and I met with the State's
Attorney prosecuting the case, Mr. Dunlap, Esq.  In that meeting we
reviewed the evidence and the criteria of the statute.  The five counts
represented each ferret that died following the rescue.  He agreed to go
for it.  As soon as he said this, Officer Sahaydak said, <paraphrasing>
"If those five are a go, then let's go for the entire 62 ferrets we
took out of there."  He refused.
 
In this meeting it was stated that Diana Bachman did not have an attorney
that had entered his appearance with the court.  This is a common ploy in
getting a postponement, and we truly believed that was going to happen.
SA Dunlap said, <paraphrased> Yes, even if she shows up with an attorney,
more than likely this trial will be postponed."  I asked, what if she
shows up with an attorney, he enters his appearance and intends to
proceed.  At that moment, SA Dunlap assured Officer Sahaydak and myself
that there would BE NO TRIAL!!  He stated that if that happened, he,
himself, would ask for a continuance.  This is very important to remember
in the sequence of events.  The trial was set for September 8, 2004.
 
SA Dunlap didn't send out formal dismissals to all that were subpoenaed,
this included Dr. Keith Gold, the expert witness.  He asked for me to
tell everyone not to come.  I refused.  It was the charge of the court to
dismiss witnesses with a postponement.  Dr. Gold called him to ask about
the trial.  Dr. Gold was told specifically not to come, that SA would be
asking for a postponement.
 
I didn't like this situation.  I spoke to SA Dunlap on the phone and I
informed him that I would be there on September 8, regardless.  He
insisted, and got more insistent, that I did not need to make the almost
2 hour drive to Hagerstown, just to waste my time.  I insisted I was
going to be there.
 
I spoke with Danee DeVore.  We both were suspicious of the SA by now.
Our biggest fear was that we were going to be sold out by the SA.  We
were there for the September 8 Hearing.  We sat two rows behind Diana
Bachman and her attorney.
 
What happened in the next hour just goes to show you that anything can
happen in a court room.  The States Attorney, Dunlap, plea bargained
Diana Bachman down from five counts to one count misdemeanor animal
cruelty.  During a recess, Danee and I witnessed Diana Bachman being
rehearsed for her statement to the judge by her attorney.  The question
was included, "Do you have any ferrets now?"
 
She answered, "Yes, but with friends."
 
He said, "No, don't say that.  Don't say anything more.  Just say No to
the question."
 
I came unglued a bit.  After their rehearsal he made small talk with her,
"So, how long do ferrets live"....without blinking, I lunged forward with
all the pics in my hand of the garage fanned out, "how long could you
live like this?", I yelled.  Before it got to out of hand, the judge
re-entered the courtroom.
 
Understand here, States Attorney Dunlap lied to us.  Sold us out.  We
were just another file on his desk of many.
 
Her case was called, and the SA and her Attorney went into their
well-rehearsed plea bargain.  At this juncture, I cannot tell you all how
angry and betrayed I felt by the States Attorney Dunlap.  Sure he was
overworked, and this was just one more file he needed to close.  Where
the hell were his ethics and sense of justice, I went over and over in
my mind with great outrage, as I sat and witnessed the proceedings.  I
felt a great loss and frustration.  I honestly felt like I had failed
all these ferrets that struggled to survive, and those that saw to it
they did.
 
The judge stopped them and recused himself.  I came out of my slump!
What, the train wreck isn't going to happen in his court?????  Holey
crap, a judge with morals!!!  Her attorney begged him not to, that she
was remorseful and wanted to put this episode behind her.  The Judge
continued to explain why he was recusing himself.  Diana Bachman had
priors.  These included back checks, and one more heinous crime; assault
and battery on a cerebral palsy adult in a wheel chair.  He had been the
judge in these cases.  Diana Bachman was the driver for the transport of
these citizens.  She beat this person to the pavement and caused injury.
This Judge had sat in judgement of both these crimes, and recused himself
insofar as he could not be impartial.  We were directed into Courtroom
Two - Judge Ralph H. France, II.
 
We; myself, Danee, Sean Steelman and Officer Sahaydak move over to Court
Room Two... we are incredibly optimistic that we have one small sliver of
a chance of getting justice.
 
The case is called.  We now have a new State's Attorney.  The plea
bargain is put on the table.  It's accepted by Judge France, but
sentencing is continued until a Pre-sentencing Investigation can be
completed.  Her attorney is pissed and pleas for mercy for her, to please
resolve this here and now and allow her to take charge of her life, and
put this behind her.  Judge France refuses.
 
So what's a Pre-sentencing Investigation.  If you think it included the
witnesses and evidence being reviewed, you're wrong.  It included a home
study and a background check.  That's it.
 
I was chomping at the bit for an opportunity to show Kim's photo essay
of the rescue.  But Diana pleaded guilty to one court misdemeanor animal
cruelty.  That means no trial.  That means no testimony.  I had to tell
the story.  I had to show the photos to the judge and courtroom.  I had
to, I just had to.  I thought my window of opportunity was sentencing,
victim impact statements.  Diana Bachman's attorney successful argued not
allowing me to testify.
 
I sunk down once again.  Felt quite defeated.  Then miracles of all
miracles.  Judge Ralph France kicked Diana Bachman's butt.
 
We won.  We really did.  Maybe you had to be here.  Live this moment with
Danee, Sean, Off Sahaydak and me.  But damnit, Diana Bachman is now a
convicted criminal of animal cruelty/abuse.  This is the first conviction
of the Animal Cruelty Statute towards ferrets in the state of Maryland.
In memory of all the ferrets that died in that garage, and died after
they were rescued....in your memory....this conviction is sweet and
notable.
 
Affectionately,
Barb Clay
www.rockysferrets.com
[Posted in FML issue 4701]