Hearing Canceled In Animal-Cruelty Case

Wed., Jan. 27, 1999

Attorneys agreed to cancel a hearing today on a prosecution request to force a Newport-area couple to begin serving their sentences for animal-cruelty convictions in connection with a “puppy mill” that drew national attention.

Jeannette and Swen Bergman were convicted in June 1997, but still haven’t started their sentences because of confusion and delays in their appeal. Among other problems, former District Court Judge Chuck Baechler failed to file documents promptly.

No written order was ever filed to allow the Bergmans to remain free while appealing their convictions. Without such a clock-stopping “stay,” Deputy Prosecutor Tony Koures feared that failure might mean Jeanette Bergman wouldn’t have to serve more than five months of her nine-month sentence because the court’s two-year jurisdiction over her would expire.

Koures asked the court to send Jeanette Bergman to jail immediately to preserve as much as possible of her sentence. Now, though, he and defense attorney Charles Dorn will ask District Court Judge Lynda Eaton to issue an after-the-fact order that a “stay” has been in place all along. If approved, the order would preserve the Bergmans’ right to appeal as well as the possibility they would have to serve their full sentences.

All the parties thought a stay had been filed, as orally agreed when the sentences were imposed. Attorneys couldn’t check for a written order until a week ago, when Baechler returned the file to the court office. Baechler, who resigned under pressure Nov. 1, had kept the file at his home since the trial.

Local journalism is essential.

Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are tax deductible.

Meet Our Journalists

Jesse Tinsley

Meet Jesse Tinsley. As a certified drone pilot, this veteran Spokesman-Review photographer often can be seen capturing beautiful aerial photographs of our region. Sometimes though, the job requires getting down with the dogs.
Jim Meehan

Jim Meehan is no stranger to Zag Nation. As the lead writer covering the Gonzaga men’s basketball team, he tells the stories behind the game and gets fans a bit closer to their favorite players.
Molly Quinn

There is no artist in Spokane like Molly Quinn. Her whimsical style is instantly recognizable to readers of The Spokesman-Review. She has painted gorgeous illustrations that instantly elevate the journalism accompanying it. She brings to life the stories that defy photography. She makes our pages better.
Rob Curley

Spokesman-Review editor Rob Curley loves to talk with people and learn about their lives, whether it's a best-selling author or a stranger he meets downtown on his walk to lunch. It's that inquisitive nature combined with a playful sense of storytelling that helps make our newspaper different than most.