Judge says this dying dog is not enough evidence to prosecute for animal cruelty

MASSACHUSETTS -- An animal cruelty charge against Anna Nelson, a former Wareham animal control officer, has been dismissed in Wareham District Court, according to court records.

Although a trial date was scheduled for Tuesday, Judge J. Thomas Kirkman dismissed the charge against Nelson, 52, of Wareham last month, court records show.

After hearing a defense motion to dismiss on July 22, the judge found a lack of probable cause to support the charge, court records say.

"In sum, there was not enough information provided the clerk/magistrate in this case to warrant a prudent person in believing that the (defendant) committed an offense," the judge wrote in his decision.

Nelson could not be reached for comment on Tuesday and her attorney, Margaret G. Swenson of Middleboro, declined to comment about the case, other than acknowledging it has been dismissed.

Rob A. Halpin, a spokesman for the Massachusetts Society for the Prevention of Cruelty to Animals, said the organization disagrees with the judge's decision, but has "moved on."

The MSPCA brought the charge in April after a neighbor tipped them off.

Nelson, who was an assistant animal control officer in Wareham for four months in 2004, was charged with failing to provide veterinary care or properly feed her 10-year-old terrier mix as his health declined over a period of months.

The dog became so sick it had to be euthanized.

(South Coast Today - Sept 11, 2013)

Earlier:

• Ex-animal officer charged with animal cruelty
• Two cases of animal cruelty in Wareham