Diane Habener, 63, was arrested in November 2009 after Maricopa County sheriff's deputies served search warrants on two of Habener's Phoenix homes. Sheriff's officials said deputies found as many as 120 animals without adequate food or water in her care.
"To Diane, this is a calling," Habener's spokesman Mark Macias said Friday.
Before her arrest, Habener said she saved and adopted out 199 animals in 2009. Habener said she sold her California home to expand the shelter.
Originally, Habener was charged with one felony of cruel animal mistreatment and 77 misdemeanors of cruel animal neglect.
After further investigation, Habener was charged with an additional 142 misdemeanors, including abandonment and failure to provide medical attention.
Throughout the 22-month trial that began in December 2009, the prosecution offered Habener two plea bargains. The first required Habener to plead guilty to two misdemeanors. The second required a guilty plea to one misdemeanor of disorderly conduct.
In a news conference Friday morning, Habener and Macias compared the disorderly conduct charge to that of a teenager acting inappropriately.
"It is a waste of time, energy and taxpayers' dollars," Macias said.
Habener rejected both pleas.
"I'm an animal person. How can I plead guilty to something I'm not guilty of?" she said. "There was no cruelty. There was no neglect."
Habener said the 96 dogs and 16 cats were divided between her two homes at the time of the arrest. Two volunteers were at one of the homes with 68 of the dogs, and Habener had the remaining 28 animals, she said. According to Habener, each animal was fed and let out to play at least twice a day.
"She is called from God to do this," said Frances Booher, a prayer partner and longtime friend.
The day of the arrest, Habener offered to go to the station quietly, Macias said, but the deputies handcuffed her and made it a public scene. "This is all about publicity over justice," he said.
Macias called it an "abuse of power involving Sheriff (Joe) Arpaio and other zealous prosecutors."
Before the arrest, sheriff's deputies visited the shelter several times for welfare checks, entering the house and taking pictures of the conditions with Habener's consent. According to sheriff's reports, deputies reported feces on the ground of the shelter and inadequate food, water and shade. After each visit, deputies explained to Habener what they saw and that "per Arizona law the dogs require necessary water and shelter." Deputies usually made follow-up visits.
After the fourth visit, Habener asked if the deputies would return and they replied, "Everything is OK unless we get more complaints."
Friend and supporter Linda Trexler said she let Habener watch her dog and feels she had the shelter under control.
Since the trial began almost two years ago, the prosecution dropped the felony and all but 16 misdemeanor charges. Currently, Habener is not allowed to walk dogs on leashes or care for any animals except for her two horses. When the animals, including her own five dogs, were seized, Habener fought to regain custody of them, but lost. She later won an appeal, which she will pursue when her criminal case has concluded.
Habener is due back in court on Monday and Tuesday.
"It's been real tough financially," said Habener, who has since sold one of her houses and is cleaning houses part time. "But the hardest part was coming home to empty crates and no animals."
The Sheriff's Office denied further comments while the case is ongoing.
(AZ Family - Feb. 25, 2011)
