Lynn and Michael Higgins are both charged with abandonment or cruelty of 10 or more animals, a four-year felony, after more than 100 dogs and three cats were removed in June from their home at the 7500 block of South River Road. They appeared in court Monday for a plea and motion hearing.
Though being represented separately, both Lynn and Michael Higgins did not enter a plea and were not offered any plea deals. Their trial is scheduled to begin Oct. 25.
Senior Assistant Prosecutor Melissa Keyes did not offer them plea deals because of what they are being charged with.
"This is a case where theoretically they could have been charged with multiple counts of the same charge, but we chose not to do so," she said. "That was kind of the bargain they received up front. It's my understanding that neither defense attorney was interested in pleading."
In five motions filed Oct. 7, Lynn Higgins' attorney Allen M. Wolf asked to suppress evidence seized during animal control's June 13 and 14 visits. Her attorney also asked the court to hold an evidentiary hearing to discuss animal control's entry to the Higgins' home and the absence of a search warrant.
Lawyer Allen M. Wolf's five motions included a motion to suppress evidence, motion to quash information, motion for bill of particulars in order to clear up what part of animal cruelty laws she is being charged with; motion to sever a joint trial between Lynn and Michael Higgins and a motion to limine, which prevents the prosecution from presenting certain evidence at trial.
Wolf's request was to have an evidentiary hearing, which would clear the air on what information is going to be presented at trial, he said.
Most of Wolf's motions have to do with the preliminary examination testimony of animal control officer Ken Jewell.
REASONABLE SUSPICION
On June 13, Jewell received instruction to investigate the Higgins home after a complaint about constant barking and an odor coming from the home.
Before this visit, a motion says, Jewell did not obtain a search warrant. He went to the home where no one was present and looked into the front door window, where he saw a large number of dogs. He then walked to the side and back of the home, seeing more dogs. Jewell then posted a 24-hour warning notice on the residence, asking the Higgins to contact him "so no further action is necessary."
PROBABLE CAUSE
During his visit on June 14, Jewell made contact with Michael Higgins. According to the motion, the couple stated the officers needed a search warrant to enter their home. Jewell said that he would request a warrant.
During a preliminary examination on July 13, Jewell testified that he and Michael Higgins "came to an understanding" that he could enter the home without a warrant.
Keyes wrote in response to the motion Michael Higgins voluntarily consented to Jewell entering when he relinquished the dogs in a written statement.
"However, Office Jewell was only able to get a few feet inside of the home before he was confronted with 30 aggressive dogs," she wrote.
When he did enter, Jewell found incriminating evidence, including a strong odor of animal urine and feces, dogs covered in urine and feces, seeing feces on the walls, dogs in cages and crates and dogs roaming free. The same day, he and two sheriff deputies seized 22 dogs.
On June 15, Jewell returned to the home to see if any dogs were still at the house. He testified he had seen more dogs in the house, and then was instructed to apply for a search warrant, which was granted.
NO OBJECTIONS MADE BY ATTORNEY DURING EARLIER HEARING
In court Monday, Wolf said Jewell was allowed to make editorial comments during his testimony that would not stand in trial. However, the attorney did not object to the testimony at preliminary exam, Judge Daniel Kelly noted. Jewell made comments about the condition of the Higgins home and dogs, saying they were stained with urine and feces, and the floor had a spongy feel due to being soaked with urine.
"All these opinions were done without any foundation in reference to any testing he did to make these determinations," Wolf said. "We're assuming that if he testified that way (during preliminary exam) he will testify that way during trial. Based on the testimony it's all non-expert opinions."
"My client is going to have to say negative things about her husband," he said. "As much candid I can get with the court, the finger will be pointed at (Michael)."
Randolph Martinek, Michael Higgins' lawyer, presented to motions at Monday's hearing.
MICHAEL HIGGINS' ARRESTS AFTER THE RAID
According to court records, Michael Higgins is also charged with larceny stemming from two incidents at VG's Food Center in Marine City. On Sept. 16, he was caught stealing steaks, and on Sept. 25, he attempted to steal batteries, said Marine City Police Chief Jim Heaslip. Michael Higgins was arraigned Oct. 11 and stood mute. He is scheduled for a preliminary exam on Nov. 2 and is no longer allowed to enter the store.
Lynn Higgins has no prior criminal record.
Kelly said he would issue a written opinion on the motions filed, and the original trial date still stands.
(Freep - Oct 17, 2016)
Earlier:
- Michigan: At least 70 dogs seized from Cottrellville home of Lynn Higgins and Michael Higgins
- Michigan: Nearly 100 dogs rescued: When does 'unsanitary' become cruelty?
- Michigan: 98 dogs, 3 cats taken from Lynn Higgins' and Michael Higgins' house in St. Clair County
- Michigan: Animal Control officer describes the filth Lynn Higgins and Michael Higgins are accused of forcing more than 100 animals to exist
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