By Ken Odor
jodor@goochlandgazette.com
After an August 23 hearing, Judge Roger L. Morton, General District Court judge for Culpeper, Madison and Fluvanna counties, sitting in for Judge Edward Carpenter, issued a ruling that a private prosecutor will not be allowed in the trial of Annette Thompson on nine counts of inadequate animal care.
Thompson operates the Pet Rescue Foundation in Hadensville.
The charges against her stem from an investigation by an ad hoc group of animal welfare advocates.
That effort led to two original charges being filed against Thompson on February 27, one a Class I misdemeanor charge in the death of a horse that was later determined to have been euthanized at the foundation.
That charge was reduced to a Class IV misdemeanor before being dismissed when it was determined that the one-year statute of limitations had run out.
That left one Class IV misdemeanor charge outstanding.
Thirteen new complaints were filed in early April. At the May 24 court date a continuance was granted the complainants after Judge Carpenter accepted Arlington attorney Heidi Meinzer as their representative.
“I understand the decision,” said Arlington attorney Heidi Meinzer, who had been allowed by Judge Carpenter to represent the complainants at the July 12 hearing, when she dropped five of the charges and requested a continuance of the trial date until August 2, a request with which defense attorney Darvin Satterwhite concurred.
But when trial day arrived, Judge Carpenter questioned whether a private prosecutor could be allowed, and set a hearing date for August 23 to resolve the issue.
The Goochland Commonwealth’s Attorney’s Office has said they will not participate in the case, although they have not objected to there being a private prosecutor.
But Judge Morton ruled that the public prosecutor must remain in control of the case.
“If the Commonwealth’s Attorney is not going to participate and remain in control of the case than I find there can be no private prosecutor,” ruled Morton.
“It was the safer thing to do,” said Meinzer, “to insure the defendant’s due process is protected.”
Meinzer said she did not know why a substitute judge had been brought into the case.
But Meinzer said she was frustrated at the continued delays, which have required the complainants and witnesses to come to so many court dates.
Animal rights advocate Eileen McAfee, who investigated conditions at the Pet Rescue Foundation, said she also found the delays frustrating.
“From the beginning, I think it has been a ploy to make the case go away,” said McAfee. “I think the county is trying to protect the Animal Control Department, which has failed to do the job the taxpayers have entrusted to them.”
A new trial date has been set for September 21 at 2 p.m. at which Judge Morton will preside.
Maximum penalty for each Class IV misdemeanor charge is a $250 fine.
In separate instructions to the court clerk, Judge Morton directed that subpoenas requested for witnesses by Meinzer not be served, as she is no longer involved in the case.
Complainants and their witnesses would have to ask that they be subpoenaed themselves, wrote Judge Morton.