Dog Breeders Accused Of Cruelty To Get Two Juries Difficulty Of Finding Impartial Jury Prompts Judge’s Decision
A pair of dog breeders accused of numerous counts of animal cruelty will have separate juries at their June 9 trial in Pend Oreille County District Court.
Judge Chuck Baechler granted a defense motion Thursday to separate the cases against Mountain Top Kennel operator Jeanette Bergman, 45, and her husband, Swen, 48. Because of the difficulty of finding an impartial jury after one case is decided, Baechler decided to try both at the same time.
Each defendant will have a six-person jury. The juries will be kept in separate jury rooms and will decide their cases independently. One of the juries may be removed from the courtroom during any testimony that is inappropriate for that panel’s case.
After the Sheriff’s Department raided the couple’s rural dog kennel on Jan. 4-5, the Bergmans each were charged with 27 counts of second-degree animal cruelty and illegally removing more than half of a dog’s ear. Authorities seized 205 dogs, mostly mastiffs and golden retrievers, and euthanized 35 others.
Most of Thursday’s three-hour hearing focused on defense arguments that sheriff’s Deputy Andrew Fritz, who led the investigation, intentionally withheld pertinent information in the affidavit he used to persuade Baechler to grant a search warrant.
Defense attorneys Charles Dorn, Brian O’Brien and Dennis Scott contended Baechler might not have granted the warrant if he had known things such as the fact that officers intended to kill dogs that were healthy but dangerous.
The defense’s core complaint was that Fritz didn’t tell the judge about a glowing report veterinarian Brian Dockins wrote about the Bergmans’ kennel.
“I found the premises to be orderly, clean and management practices (to be) above average,” Dockins wrote in January 1996. “The animals were healthy, content and all their facilities in (were) in excellent condition.”
Fritz testified that he didn’t include the letter because he was unable to determine its validity. He said he was unsuccessful in three attempts to contact Dockins in the course of a year, even though Dockins’ clinic is within walking distance of the sheriff’s office.
The deputy said Dockins’ report prompted him not to pursue a case against the Bergmans earlier. But he said he became “concerned” about Dockins’ statements after receiving more complaints. Fritz said he wanted to talk to Dockins about some of the health certificates he signed for dogs the Bergmans shipped out of state.
Public records show Dockins certified the health of 166 dogs the Bergmans shipped in four years, including several that arrived sick.
The hearing on whether Fritz kept pertinent information from the judge was continued until May 2. If Baechler finds pertinent information was withheld, he will schedule another hearing to determine whether the information would have caused him not to issue the search warrant.
, DataTimes