Accused animal abuser Penny Smith-Berk has found herself back in the sights of the Westchester County District Attorney's office. This time, let's hope justice is served.
Smith-Berk is the owner of a non-profit animal rescue called Rescue Right and a for-profit pet boarding facility called Northwind Kennel, both of which are housed on the same property in Bedford.
Smith-Berk was first charged with animal cruelty in July 2024. The SPCA's Humane Law Enforcement unit found five sick dogs in critical condition in Smith-Berk's care in October 2023 — four Bernese Mountain Dog puppies and their mother. All five were humanely euthanized days later due to the distemper virus they'd contracted on the property.
Smith-Berk was arrested for animal cruelty a second
time in November 2024. She was charged with two counts of animal cruelty after two more dogs in her care were found to be infected with distemper. Those dogs also had to be euthanized because of the severity of their illness.
There was a fire at Smith-Berk's property in December 2025. One of the main buildings is still uninhabitable. Twenty dogs had to be rescued from the two-alarm blaze. No animals were injured.
Now, after a legal deal that might have resolved the matter, the Westchester County District Attorney is revisiting the case.
Berk was given a sweetheart deal; DA says she's not living up to it
I wrote a column back in February objecting to a what I perceived to be a sweetheart deal that was struck in Smith-Berk's case between prosecutors, Smith-Berk's attorney, Anthoni Siano, and Mount Kisco Justice Court Judge Mark Farrell. The case was moved from Bedford to Mount Kisco after two Bedford judges recused themselves.
A spokesperson for Westchester County District Attorney Susan Cacace recently sent me a statement that said, "Earlier this year, the DA’s Office established a series of conditions that the defendant would have to meet to satisfy us that she was an appropriate candidate for an ACD. Those conditions, which were approved by the Court, required her to completely end all animal rescue operations through any of her business."
The conditions of deal were set by Farrell with the understanding that if Smith-Berk satisfied them, her animal cruelty charges could be dismissed at the end of a one-year period should the court find she's in compliance with the agreement making her eligible for an adjournment in contemplation of dismissal, or ACD.
As one of the requirements of the agreement with Farrell, the New York Department of Agriculture and Markets performed a scheduled inspection that prosecutors with the Westchester County District Attorney's office say revealed that Smith-Berk was not in compliance with the requirements of the deal.
The DA's spokesperson said, "The Agriculture & Markets Agency conducted a scheduled — not surprise — inspection in June and found she allegedly violated the agreement, which was brought to the court’s attention."
It is time for Penny Smith-Berk to face justice
"Our current position is that we are no longer considering an ACD or any plea agreement and instead want the case to proceed to trial. Ultimately, however, those decisions rest with the court," the DA's spokesperson told me.
According to the DA's office and Linda Pankovic, the Mount Kisco Court Clerk, there will be a new hearing in Smith-Berk's case. She told me that a date for a hearing on her ACD eligibility has not been scheduled as motions are still being filed.
There are a number of witnesses to Smith-Berk's alleged abusive treatment of the animals in her care, and it is time that we heard from them on the record at a trial.
As I reported in my original column on Smith-Berk, a large number of volunteers and animal rescue activists declined to speak to me on the record because they claim Smith-Berk has a history of retaliating against those who publicly criticize her operation.
One of those activists showed me a document she said came from the Department of Agriculture and Markets that detailed an inspection in March that turned up 73 dogs and approximately 38 cats still housed on Smith-Berk's property.
I have filed a freedom of information law request with Agriculture and Markets for all of their inspections and reports on Smith-Berk and her operation.
The DA's prosectors aren't intimidated by Smith-Berk and Farrell should move quickly to hear this case. Scores of animals' lives could be hanging in the balance.
If that trial confirms the charges against Smith-Berk, she should never be allowed to own or care for animals again.
Matt Richter, a veteran Hudson Valley journalist, is local news and regional opinion manager for lohud.com and The Journal News.
Email: mrichter@usatodayco.com.
This article originally appeared on Rockland/Westchester Journal News: It's finally time to protect at-risk animals in Bedford | Opinion
