The preliminary examination began on Feb. 16, but was unable to be completed as an emergency hearing took place when Dr. Judilee Marrow from Binder Park Zoo requested permission from the court to euthanize the Bettong on Friday, Feb. 19.
Achberger and Leiby are facing three counts of animal torture; one count for the Bettong, one count for the Coatimundi and one count for the Macaque Monkey. Both are facing one count of obstruction of justice.
Judge Jeffrey Middleton presided over the preliminary examination.
* Achberger’s count results from Jan. 28 after she wasn’t truthful with authorities about exotic animals being present in the home. Leiby’s count results from Jan. 20 when authorities were first called to the home and Leiby told them there were no exotic animals present.
Middleton said, “That [obstruction of justice] should be count one, it will be the most serious of charges.”
Achberger and Leiby also face one count of animal cruelty charges.
“This case does not hold a lot of jury appeal for the defendants, the jurors are going to hear this and their blood pressure is going to go up. There’s two sides to every story and we haven’t heard your side,” Middleton said.
Middleton continued, “These animals should not have been there in the first place. I don’t think you intentionally wanted to harm these animals; you got in over your head. You were trying to fit five pounds of sand in a one-pound bag.”
(Three Rivers News - March 3, 2016)
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