They also mention in the eight-page motion, one of the two whistleblowers, Marilyn Kelly, who’s photos led to the search warrant signed by the judge in the first place, was not adequately doing the job she was hired to do in the mansion; implying the “deplorable” conditions of the home were due to the inattentiveness of Kelly.
The motion also claims Wolfeboro police relied on information provided by Kelly and a 16-year-old informant “with reckless disregard for the truth."
The motion says the 16-year-old visited the property only once and her “representations to the State are rife with hyperbole and contain a highly suspect level of details trending toward the dramatic.”
Furthermore the motion states the search warrant was issued “without sufficient evidence to support probable cause."
The judge has not yet ruled on this motion.
Baker and Cowles also asked the judge to change the agreement that allows a veterinarian or vet-tech to visit and observe the dogs at their undisclosed location. Fay had difficulty finding a vet or vet-tech that would agree to visit the dogs.
Her attorneys now are requesting to modify the original agreement because, “The Humane Society of the United States’ relentless advertising campaign has so frightened the NH animal medicine community that no one will take on the task for fear of reprisal.”
They asked the judge to allow a person who is “familiar with European Great Danes” but not a licensed professional, to observe the dogs Tuesday.
The judge allowed for the change. The individual is prohibited from taking photos or videos of the dogs but can inform Fay where the dogs are being kept. However, Fay is prohibited from visiting the facility.
UPDATE: As of Monday afternoon, two of the 14 charges Fay is facing were nol prossed (which means the prosecution agreed to drop the two charges). She still faces an additional 12 misdeameanor animal cruelty charges. Her next court date is October 3rd.
(NH1 - Sept 18, 2017)
Earlier:
- New Hampshire: Tina Fay is arrested and 84 Great Danes are rescued from squalid $1.45 million dollar mansion-'turned puppy mill' covered in feces and littered with rotting raw chicken
- New Hampshire: Wolfeboro Police Chief Dean Rondeau describes the horrific sights and smells inside Tina Fay's mansion where 75 neglected Great Danes were being hoarded
- New Hampshire: Tina Fay facing up to 200 neglect charges after 84 Great Danes seized from her property in Wolfeboro
- New Hampshire: Affidavit describes conditions at Tina Fay's Great Dane breeding facility
- New Hampshire: The signs of animal abuse were there at Tina Fay's house, if you looked
- New Hampshire: Veterinarian's signature contradicts medical exams on Great Danes in Tina Fay animal cruelty case
- New Hampshire: Charged with animal cruelty, Christina Fay demanding return of her Great Danes
- New Hampshire: Prosecutors argue Great Danes are evidence in animal cruelty case against Tina Fay
- New Hampshire: Tina Fay's attorney claims she is an "attentive dog owner". Would he like to take his family to have a sleepover at her squalid mansion?
