About 50 people showed up for the scheduled trial Monday of Annette Thompson in Goochland District Court on nine Class IV misdemeanor counts of inadequate animal care.

They left almost two hours later with the case still unresolved and a new trial date not yet set.

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.
Their search led to two original charges being filed against Thompson on February 27, one a Class I misdemeanor charge in the death of a horse which 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.

But Monday, citing several Virginia Supreme Court cases and a ruling by the Virginia Attorney General, Judge Edward Carpenter said any prosecution by a private prosecutor must be supervised by the public prosecutor.

“The public prosecutor must remain in continuous control of the case,” said Judge Carpenter.

That seemed to contradict Judge Carpenter’s own ruling on May 24.

On that date Carpenter allowed Thompson’s complainants to retain a private prosecutor, and said that a recent Virginia Attorney General ruling prevented the Commonwealth’s Attorney from prosecuting Class IV misdemeanors.

At the next scheduled hearing, on July 12, private prosecutor Meinzer dropped five of the charges and Judge Carpenter granted a continuance until August 2 at the request of both Meinz and Thompson’s attorney, Darwin Satterwhite.

At Monday’s hearing, Judge Carpenter said he had reviewed the question of the private prosecutor in the last few days with a staff attorney at the Virginia Supreme Court.

“This is something I wish we had addressed more fully,” explained the judge.

“I don’t see how you can continue as a private prosecutor absent the public prosecutor remaining in control of the case,” he said.

After a recess of more than half an hour, Meinzer asked for a continuance.

The next hearing date will be August 23 at 2 p.m., at which time it is anticipated that the question of whether or not a private prosecutor can try the case will be decided.

Once that question is settled a new trial date will then be set.

The hearing left attorney Meinzer frustrated.

“You get a continuance because you are allowed to have counsel and now you get a continuance because you can’t have counsel,” she said.

One of the complainants echoed Meinzer’s frustration.

“It would all be over by now if we hadn’t been allowed a private counsel,” said Maria Cline.