Hagelin hearing clogging system, prosecutor says

DOVER-FOXCROFT – Mark Hagelin, acting as his own attorney, continued his fight Monday to persuade the state to return 92 dogs and puppies taken in April from his home after state officials found what they claim were abusive conditions.

The 45-year-old breeder appeared Monday morning in District Court, questioning witnesses and offering bags of dirt from his residence as evidence.

Wearing a wrinkled yellow shirt and black pants, Hagelin continually interrupted witnesses, as well as District Court Judge Kevin Stitham, who several times had to calm the man down. At one point, Hagelin spilled water on himself and on the table in front of him.

During the questioning of one witness, Hagelin asked questions and then made his own comments.

“Let her answer the questions,” Stitham instructed. “Don’t answer them yourself.”

Hagelin is challenging the state Animal Welfare Program’s seizure of his English springer spaniels and its effort to gain ownership so the animals can be put up for adoption.

No decision was made Monday, and the case will continue later this week or next week, Judge Stitham said, but no dates were set.

Hagelin and his father, Burton Hagelin Sr., both will face criminal charges of animal cruelty in court starting on June 20.

The confiscation hearing began last week, but was continued to Monday after Hagelin’s attorney, Joseph Baldacci of Bangor, withdrew from the case last week.

The Dover-Foxcroft man brought several books and a trash bag of items with him to court, but he couldn’t hide his lack of legal background during the day’s proceeding.

Both Stitham and R. Christopher Almy, Piscataquis County district attorney, who is prosecuting the case, remained patient with the defendant. At one point, the judge stressed that Hagelin “[will] be given the opportunity to be heard.”

Stitham said at the end of the hearing that he would consider clearing the rest of his schedule to focus on completing Hagelin’s civil case, which is expected to take at least two more days.

After the hearing, which lasted a total of about an hour and a half, Hagelin admitted that he regretted no longer having an attorney but said, “The law belongs to the people.”

While Almy showed patience inside the courtroom, he clearly was frustrated after the proceeding.

“It’s clogging the court up here,” the district attorney said. “It’s becoming very expensive, and one of the cases it’s competing with is a child abuse case.

“Mr. Hagelin has gone on with extensive questioning of witnesses, and it’s getting to be a rather tedious process at this point,” he continued. “That’s his right, but it’s somewhat difficult for us to manage.”

Almy said that since the 92 dogs were seized, 21 puppies have been born. The animals remain in the state’s custody at a cost of about $400 a day.

“That’s a lot of money, and of course, it comes back on the taxpayers,” he said.

On April 15, the state seized 92 dogs and puppies from Hagelin’s home on Gray Hill Road, which he shares with his parents. Burton Hagelin Sr. and Carol Hagelin sat behind their son Monday during the proceeding.

Local police had received a tip that the animals had no water or food and obtained a search warrant, a document Hagelin said was obtained unjustly.

“I’d love to get it resolved, but they illegally took our dogs,” he said after Monday’s hearing. “[The state] did not have probable cause for a warrant. They invaded our home without a warrant.”

Animal welfare officials last week described the living conditions at the Hagelin home and showed footage of a video that was taken.

Veterinarian Christine Fraser, the only witness from last week’s proceeding, said the floors of the home were covered in feces and the dogs were licking from a pool of urine because they had no water. She also said many of the animals were suffering from various ailments, including worms.

Fraser returned to the witness stand Monday and was cross-examined by Hagelin, who, with continued guidance from the judge, tried to discredit her.

At one point, Hagelin entered into evidence eight bags of soil from his property to establish whether Fraser could distinguish between mud and feces.

The veterinarian answered that she was not a soil expert, but added, “I’m a vet, so I’ve seen my share of feces.”

Hagelin also called a witness, Keith Trask, a family friend and fellow dog breeder, who testified that the conditions were not as bad as the state had claimed. Trask said the dogs were in fine shape.