Fate Of Kennel Dogs Delayed Until Next Hearing Groups Have Been Caring For Animals Since Raid On Mountain Top Kennel

Another hearing will be needed before Pend Oreille County District Court Judge Chuck Baechler decides what to do with 205 dogs seized last month from an allegedly abusive kennel.

Baechler on Monday rejected a legal argument that could have prevented authorities from adopting out the dogs taken last month from Jeanette and Swen Bergman. Contrary to assertions by the Bergmans’ attorneys, Baechler ruled the dogs are no longer evidence.

Animal-rescue groups around the state have been caring for the dogs since sheriff’s officers raided the Bergmans’ Mountain Top Kennel eight miles north of Newport.

Noting in a statement that the dogs’ current condition could be much different from when they were seized Jan. 4, Baechler ruled the county is not required to keep the dogs as evidence until after the Bergmans’ trial.

Now, though, Baechler must decide whether to return the dogs to the Bergmans before the trial.

He scheduled a hearing on the issue Feb. 14.

At that time, Baechler could set conditions for returning the dogs to the Bergmans. Or he could allow the county to adopt out the dogs to new owners unless the Bergmans post a bond to cover the cost of having rescue groups care for them.

Prosecutor Tom Metzger estimated during a hearing last week that it may cost at least $60,000 a month to keep the dogs. A Seattle veterinarian who is working with authorities puts the cost at $104,489 a month.

However, defense attorney Charles Dorn said his personal experience in rescuing dogs convinces him the cost is much lower than Metzger’s estimate.

, DataTimes