KENT - A town justice this morning dismissed 10 animal abuse and neglect charges against Kent dog breeder Linda Nelson and slammed the actions of a 13-year Putnam County sheriff’s deputy who led the search of Nelson’s house and seizure of her dogs.
In his ruling, Judge J. Peter Collins cited “misconduct” by Deputy Barbara Dunn and said her actions and dual role with the sheriff’s department and as president of the Putnam Humane Society “permeates all aspects of the investigation and prosecution.” After the purebred dogs were seized in July 2006, they were taken in by the Humane Society which is now suing Nelson for some $65,000 for the cost of their care.
Collins said emphatically: “In the Court’s opinion, only complete dismissal of the remaining charges will serve the interest of justice, and hopefully, maintain the public’s confidence in the fairness of our criminal justice system.”
In November, Collins said that part of the search and seizure of Nelson’s home was conducted illegally and reduced the misdemeanor charges against the dog breeder from 22 to 10. He upheld some of the evidence seized and nearly half the charges, but this morning’s ruled knocked those out as well.
After hearing Collins’ ruling this morning, Putnam County District Attorney Adam Levy said his office would not appeal the decision and would investigate the circumstances surrounding the case.
“The judge in his ruling has referred the matter to us,” he said in the lobby of the Kent Town Court. “Fair and impartial is the bedrock of what we do. We will be looking at this matter. The issues surrounding this case are not over.”
Nelson’s attorney Donald Feerick said the ruling showed that “there is justice in the town court.”
The judge, he said, “tackled a lot of issues and came to a just and proper decision.”
The sheriff’s office and Dunn were not immediately available for comment. Dunn had described Nelson’s house as being in appalling condition, with garbage and excrement everywhere and the dogs jammed into crates and left alone without food or water.
The Humane Society had defied and fought the Kent court’s order to return eight of the dogs until it had no other legal option but to hand them over to Nelson. It was revealed today that two puppies born while the dogs were in the care of the Humane Society were neutered without Nelson’s permission.
Nelson’s attorneys had alleged that the Putnam County Sheriff’s Department, Dunn and the Humane Society had violated their client’s constitutional rights in an effort to secure benefits, publicity and financial gain for themselves and their organizations by aggressively pursuing Nelson. They sought at least $10 million in compensation. Earlier this year, they announced they would not go forward with these charges but have retained the right to resurrect their actions in federal court.
The Humane Society is attempting to recover its costs from Nelson in state Supreme Court.
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We’re certainly glad the unjust charges against this poor woman were dropped, but can’t even begin to imagine her pain for 2 years, let alone her legal expenses. Of course, had she lived in Texas, the dogs would have been long gone.
Congratulations, Ms. Nelson.
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