The judge's entire ruling is here:
http://graphics8.nytimes.com/package...ens_Ruling.pdf
A veterinary expert witness is quoted:
"Dr. Melinda Merch (“Dr. Merchâ€), an animal cruelty investigator and veterinarian, was qualified as an expert in the field of veterinary forensic science. (Id. at 300.) Dr. Merch explained that the 14-gauge needle used to pierce the kittens is the type of needle used to give injections to cattle. (Id. at 302.) In her practice, she used a 25-gauge needle, a much smaller size, when giving injections to kittens. (Id.)"
"The doctor also testified that the piercings would be a source of constant irritation and pain for the animals and could alter the kittens’ hearing. (Id. at 305, 309.) If it became infected, it would hurt the cat anytime the ear moved. (Id. at 310.)"
[One kitten ripped out an earring. The defendant pierced the ear again.]
"As for the piercings at the scruff of the neck, Dr. Merch explained that a kitten would always feel like it was being dominated and bitten. (Id. at 312.)"
"Dr. Merch testified that banding is never an accepted procedure, and the only appropriate way to dock a tail is surgically with the aid of anesthesia. (Id. at 313-314, 358.) She opined that banding would be extremely painful to a kitten as there are spinal nerves in the part of the tail where the band was placed. (Id. at 316.) Putting a 14-gauge needle in the docked tail [after the tail fell off the defendant planned to piece the stub] would make the pain worse."
" Lastly, she opined that the kittens were maimed, disfigured, and tortured. (Id. at 321-322.)"
The three kittens with piercings, one of which was without a tail, and one of which had a banded tail were described by two PETA investigator who saw the kittens at the defendant's home as being noted that the three pierced kittens were "not moving at all and were very docile, unlike normal kittens of similar age. She noted a definite difference in the behavior of the pierced kittens versus the non-pierced kitten, who was engaging and moving around the room."