According to another article, McKamey also has to pay court costs.
Carlotta
From the Chattanooga Times Free Press
Tuesday, Oct. 5, 2010
Pet Company animal cruelty case dismissed
By: Joan Garrett
An animal cruelty case against a local pet store, which was being
tried for the second time in city court because the first judge
recused herself and declared the case a mistrial, was dismissed by a
senior judge Monday.
City attorneys said the ruling means that McKamey Animal Care and
Adoption Center will not recover the $40,000 spent caring for the 84
animals taken from the Pet Company this summer.
“If this ruling stands, no action will be taken against the Pet
Company,” said Krystal Freiberg, an assistant city attorney. “We
haven’t decided if there will be anything else done.”
The animals, which were taken to McKamey because a Tennessee
Department of Agriculture inspector found them without water and
rolling around in their own feces in extreme heat, were sent back to
the Pet Company last week, said Paula Hurn, operations director at
McKamey. The animals were taken to a veterinarian and not the store,
officials said.
In a ruling, Senior Judge Donald Harris said the retrial of the Pet
Company’s case violated laws against double jeopardy because the pet
store never consented to the mistrial.
“It appears the City Judge [Sherry Paty] without forewarning the
parties as to her intent, entered the courtroom, read her prepared
order and then left,” the ruling read. “Under these circumstances,
this court cannot find the Pet Company had an opportunity to object
prior to the declaration of a mistrial and recusal of the city judge.”
The city’s case against the Pet Company, a pet store in Hamilton
Place mall, was set for retrial after Paty said she couldn’t try the
case because Chattanooga Mayor Ron Littlefield had sent her an e-mail
attempting to sway her.
Paty called the communication “an improper, unethical and perhaps
contemptible disregard for the separation of powers.”
Littlefield has said he thinks the city has been slow in dealing with
the Pet Company, and he wants the store out of business for good.
“This order doesn’t contradict McKamey’s findings, and certainly
Judge Paty recognized the condition of the store,” said Mark
Litchford, an attorney representing the city. “She said the
conditions of the store necessitated the animals’ removal.”
Contact Joan Garrett at jgarrett@timesfreepress.com or 423-757-6601.
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