The attorney for a Moscow woman charged with five counts of cruelty to animals said he plans to file a motion of suppression Monday to remove from evidence photographs that were instrumental in gaining a search warrant that led to the seizure of five horses.

During a forfeiture hearing Wednesday at the Latah County Courthouse to determine whether the state had probable cause to remove the horses, Lewiston attorney Danny Radakovich said those photographs were illegally obtained when Lori Boen trespassed on property belonging to his client, defendant Teresa Davis.

Radakovich said he plans to file the motion Monday.

Radakovich made his plans known after nearly six hours to testimony from Boen; Moscow City Code Enforcement Officer Patty Reidl; Davis and Davis’ husband, Nathan Davis, and son, Caleb Davis.

The condition of the animals led those present at the search warrant’s execution in December to immediately remove from Davis’ possession a bay mare, two sorrel mares and two black mares. Less than two days later, on Dec. 22, Davis was charged with five counts of abuse for allegedly negligently confining the bay and two sorrel mares in unsanitary conditions without adequate sustenance or water, and the two black mares without access to shelter or adequate food or water.

According to a statement from Idaho State Veterinarian Scott Barnes, the horses’ health was initially judged through equine conditioning scoring. The three mares in the barn varied from scores of emaciated to very thin and the two mares without shelter as thin to moderately thin.

Capt. Roger Lanier of the Moscow Police Department was also present during the search and seizure of the animals and noted in his affidavit the animals outside had rubbed sores on their necks attempting to feed from near empty food bins created from wooden pallets.

The accumulation of 12 to 18 inches of urine and feces was also noted around the food bins and in the inside enclosures.

All three Davises testified Teresa Davis spent approximately four hours per day feeding, watering and caring for the horses, with no exceptions.

Davis requested the horses be returned to her, but she was denied. The animals will remain in the care of horse rehabilitation specialists for the time being, as the city’s prosecutor moves forward with forfeiture documents the court will examine Wednesday.