Lack of swift trial voids 22 horse-neglect counts

CANTON — Twenty-two animal neglect charges against an Ogdensburg woman were dismissed Tuesday in St. Lawrence County Court because she was not given a speedy trial.

Judge Jerome J. Richards dismissed charges against Carol Elmer, 202 Ford St. She was indicted last June on 37 misdemeanor counts of overdriving, torturing and injuring animals and failure to provide food and water.

The first 22 counts of the indictment related to the reported neglect of the horses found in December 2008, with the remaining counts coming from a Jan. 8, 2009, search warrant executed at the Cold Springs Road property in Lisbon.

Defense attorney Richard V. Manning asked for dismissal on the ground that Ms. Elmer's right to a speedy trial was violated. State speedy-trial rules give prosecutors 90 days to prepare most misdemeanor cases.

Judge Richards ruled Ms. Elmer's prosecution exceeded the limit by 23 days because the district attorney's office had trouble producing a witness for a suppression hearing.

Chief Assistant District Attorney Amanda N. Palmer argued that Jeffrey C. Eyre was unavailable to attend the suppression hearing on several occasions because he was out of the country or working on other animal cruelty cases out of state. She said that time shouldn't count against them.

Mr. Eyre, director of field operations with the American Society for the Prevention of Cruelty to Animals, became involved with the case in December 2008 when the ASPCA received complaints the horses were neglected.

The defense attorney wasn't entirely pleased with the judge's ruling.

"I think the other 15 counts should have been dismissed as well," Mr. Manning said.

The judge ruled the remaining 15 counts will stand because only 45 days had been used by prosecutors.

"We still have 15 counts to go on, so we will focus on that," Ms. Palmer said.