Wednesday, September 22, 2010

Animal abuse charges are dropped against Cedar Mill woman after judge rejects search evidence

OREGON -- The case: Washington County sheriff's deputies knocked on the door of Marna Lee Robertson's Cedar Mill home in May and, after searching her home, arrested her on animal neglect charges.

Robertson, 68, bred basset hounds at her residence, deputies said, and they went to check on the business after a prospective puppy-purchaser reported the dogs might be living in unhealthy conditions.



Animal Control seized all 13 of Robertson's basset hounds and one Lhasa Apso, leaving eight bulldogs in her custody. Authorities said some of the dogs were living in filth and some needed immediate veterinary care. Robertson signed over rights to the 14 dogs seized, authorities said.

Update: Robertson was charged in Washington County Circuit Court with three counts of first-degree animal neglect and eight counts of second-degree animal neglect. The court file names 11 canine victims in the case against Robertson.

Deputy District Attorney Andrew Freeman said the case was dismissed after Judge Marco Hernandez ruled in August that deputies didn't legally conduct the search that yielded all the evidence in the case.

Although Robertson allowed deputies into her home, officers didn't obtain a search warrant and the judge decided Robertson didn't give legal consent, which requires giving permission for a search voluntarily.

"It's not a ruling on guilt or innocence," Freeman said, but the decision prohibits prosecution on the grounds of the evidence collected in this case.

"In my opinion, (the neglect) happened, obviously," he said. "But as far as whether we can legally go forward, we can't."

The Bassets at their temporary housing

The 14 dogs Robertson gave up were turned over the Washington County animal shelter, which has since found homes for 10 basset hounds and the Lhasa Apso, said Animal Services Manager Deborah Wood.

The shelter sent three of the sickest basset hounds to the Oregon Humane Society, where the animals were treated and have also found homes.

(The Oregonian - September 21, 2010)