DOVER-FOXCROFT – A local father and son made their initial court appearances Monday in 13th District Court on charges of cruelty to animals that stemmed from the condition of some of the 92 English springer spaniels seized from their home and kennel last month by state, county and local authorities.
Appearing in a wheelchair before Judge Kevin Stitham, Burton Hagelin Sr., 73, pleaded not guilty to the charge, as did his son, Mark Hagelin, 45. The younger Hagelin also pleaded not guilty to violation of conditions of release and to dogs running at large.
Although police said they had charged Mark Hagelin with obstructing government administration, R. Christopher Almy, Piscataquis County district attorney, said Monday he did not plan to pursue the charge. The cases against both men were continued to June 20.
Attorney Joseph Baldacci of Bangor, representing the Hagelins, sought on Monday to close the proceedings, but his motion was denied by Stitham. Baldacci argued there has been extensive media coverage of the incidents and it would be difficult otherwise for the men to receive a fair trial.
“I don’t think the court has any authority to impose such an order,” Almy said in court. He noted that the media, several representatives of which were in the courtroom, had not been served notice which would affect their First Amendment rights.
Bail was set for the elder Hagelin at a $500 unsecured bond. Bail for Mark Hagelin was set at a $1,000 unsecured bond. Neither man can possess any dogs with the exception of Apple’s Dumplin, an English springer spaniel owned by Carol Hagelin, which was not one of the 92 dogs seized. She is the wife of Burton Hagelin Sr. and the mother of Mark Hagelin and lives with them.
A cruelty to animals charge carries a maximum of one year in jail, a $2,000 fine and other sanctions, Almy said outside the courtroom.
A hearing also was held Monday for the forfeiture of the dogs to the state.
A search warrant was executed and the dogs were seized from Foxcroft Kennels in mid-April after a relative of the Hagelins told police the dogs had no food. Police, who videotaped the search, said the dogs were living in filth and their own feces and had little water both inside the Hagelin home and outside in a kennel. Investigators also found two dead dogs, one that was being carried around in the mouth of another dog.
That search warrant was a bone of contention with Baldacci, who had filed a motion to suppress. He said the affidavit filed with the court for the search warrant was dated April 19, yet it was executed on April 15. The evidence seized was pursuant to the search warrant, he said.
“We feel, your honor, that’s a significant issue in terms of this case,” Baldacci said. “The search warrant does not hold up.”
Almy said the differences in the dates may have been a clerical error.
Stitham denied the motion and continued the hearing, which included testimony from veterinarian Christine Fraser of Maine Animal Welfare and the viewing of a tape of the actual search and seizure.
Because the courts are under order by the state to close at 4 p.m., the hearing was adjourned. It will be continued June 9 if Baldacci is available; if not, it will be held June 20.
Almy is pushing for the court to allow the dogs to be given to the state for adoption or other disposition.
“This is a big expense to the state to keep holding on to the dogs,” he said after the hearing.
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