ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Friday, March 22, 1996                 TAG: 9603220065
SECTION: VIRGINIA                 PAGE: C-1  EDITION: METRO 
SOURCE: LAURENCE HAMMACK STAFF WRITER 


DOG CASE ENDS BUT GROOMER SUING WSLS

A Roanoke prosecutor has found insufficient evidence to support charges against any employees of a pet grooming service where a dog was found dead in September.

Commonwealth's Attorney Donald Caldwell said Thursday that his office had reviewed an investigation into the incident at Puppyland, a Franklin Road Southwest grooming and boarding business.

A dog that was boarded at the business was discovered dead from broken ribs and a punctured lung Sept. 2.

"While there is certainly a broad spectrum of opinion - favorable and unfavorable - as to the quality of care provided by this business, there is little evidence, direct or circumstantial, to prove how the injuries to the animal were inflicted or who was responsible for them," Caldwell said in a news release.

Although no criminal charges were filed, the case is still headed to court.

After WSLS (Channel 10) broadcast reports about allegations of animal abuse at the business, Puppyland owner Chris Benson filed a $16 million libel suit against the Roanoke television station and reporter Kris Loyd.

The lawsuit, which is scheduled to be tried in September in Roanoke Circuit Court, accuses the station of airing "false and defamatory" reports that have damaged both Benson's reputation and his business.

If nothing else, Caldwell's decision confirms the station's report that Benson was the subject of an investigation. But Barry Tatel, a Roanoke lawyer who represents Benson in the civil action, said the investigation began only after questions were raised by Loyd's misleading reporting.

"I think she was trying to create her own Roanoke Watergate story," Tatel said.

In a newscast Thursday, WSLS defended its coverage as fair and accurate.

In the weeks after the dog was found dead, officials from the city Animal Control Department and the state Department of Agriculture and Consumer Services inspected the business and interviewed employees and customers.

The only infraction found in the state's investigation was a failure to post the rights of someone whose animal becomes ill or is injured while at the business, according to Caldwell's release. A follow-up inspection a month later found that Puppyland had complied with the requirement.


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