Both the charges are misdemeanors.
The case against Cheryl Kidd, 68, of 1749 Perkins Road will be heard by a jury July 17.
Kidd has rejected a pre-trial diversion offered by the state’s district attorney which would have allowed charges against her to have been dropped had she agreed to and followed through with the terms offered by the state.
[Judicial diversion means if she does all that she's told to do during her probation period then the conviction is wiped clean - as though it had never happened. A ridiculous offer - typically when you're on probation you're not allowed animals, you're subject to random inspections and you can't pick up any new misdemeanor/felony charges. How hard is that? And then after the probation period it's WIPED OFF YOUR RECORD - AS THOUGH IT HAD NEVER HAPPENED. As though the animals had never suffered, had never starved, had never died.... and she's free to start up her puppy mill business again.]
Kidd, who is not being represented by a lawyer, instead requested the case be heard by a jury.
Several motions in the case were heard Wednesday by Circuit Judge Donald Parish.
One motion filed by Kidd sought the suppression of evidence collected by officers from the Henry County Sheriff’s Department on Jan. 9 when they were called to Kidd’s residence because dogs were running loose.
Officers returned to the home on Jan. 10 because they were concerned about the welfare of the animals and were not able to find the identity of the person who lived there.
Sgt. Eddie Forrest of the Sheriff’s Department testified he did not know who lived at the home until he arrived on Jan. 10 and found Kidd there.
Although Kidd indicated she had been forced to allow officers to look around her property, Forrest and Sheriff’s Cpl. Jim Sanders said she had never told them they needed to get a search warrant.
Parish filed against the suppression motion saying that officers had the right to be on Kidd’s property because they had received a complaint call.
He also said observations the officers had made as to the conditions in which the dogs were being kept were allowable because the pens were in clear sight from the driveway and front door of the home.
Parish also stated there was no evidence that Kidd had not consented to the search of the property.
A petition filed by the state requesting Kidd reimburse the animal shelter sponsored by the Sheriff’s Department for the cost of caring for the more than 30 dogs confiscated from her property will likely be denied, Parish said.
He indicated that since the Sheriff’s Department’s animal shelter is not chartered by the state it does not qualify for reimbursement.
The final determination will be made pending information from Paul Hessing, assistant district attorney, indicating the animal shelter does qualify for reimbursement.
If the petition is passed, Kidd will be required to pay $4 a day per dog for their care.
As of Wednesday, Sheriff’s Sgt. Ricky Ford, who works at the animal shelter, said the figure owed would have come to more than $22,200.
Parish also denied several other motions made by Kidd including a request for a change of venue as well as a request to suppress evidence based on malicious prosecution and selective enforcement of the statutes.
Parish did agree to a motion by Kidd allowing her to have the dogs examined by a veterinarian of her choice.
He told Kidd that she would be required to pay the cost of these exams.
(parispi.net - July 5, 2013)
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