Herkimer woman rescinding guilty plea in "Dirty Dozen" dog neglect case

NEW YORK -- A Herkimer woman appeared in court Tuesday afternoon, looking to rescind her guilty plea after she was arrested for abusing and neglecting several animals at her home.

Barbara Smith appeared in Herkimer Town Court before Judge Karl Manne, requesting the right to revoke her guilty plea to neglecting 12 dogs at her Route 28 home in November 2013. Those dogs became known locally as the "Dirty Dozen".

In April 2014, Smith pleaded guilty to two counts of failure to provide proper sustenance. Smith was also forced to surrender the ownership of all 12 dogs to the Herkimer County Humane Society and pay $17,000 to the shelter to cover the cost of care for the animals. One of the dogs had to be put down.

During her appearance on Tuesday, Smith's attorney requested that the $17,000 be returned to his client. However, the judge did not entertain the request, and suggested Smith should try to recover the money through a civil suit.

Many of the dogs had untreated mange

  

  

  

Judge Manne ordered a Mapp-Dunway hearing, which will determine whether the animals were taken from the home legally and if the dogs themselves can be used as evidence at a trial. That hearing has been scheduled for August 24th.

Smith's attorney also asked that the dogs be returned to her, and the judge asked for that request in writing.

A trial date has been tentatively set for October 21st.

(WKTV - July 21, 2015)

Earlier:

• Herkimer woman, Barbara Smith, charged in animal abuse case