Judge denies request to waive appeal fee in dog abuse case

DOVER-FOXCROFT – A District Court judge on Monday denied a Dover-Foxcroft man’s request for a waiver of a court fee for an appeal regarding the forfeiture of 92 English springer spaniels and their offspring to the state.

The dogs, owned by Mark Hagelin and his relatives, were seized by authorities in April after a search of the family’s home and kennel revealed little food or water for the animals. A state official said many of the dogs were malnourished and had a variety of ailments.

After a hearing in June, Judge Kevin Stitham ordered that the dogs and their offspring be forfeited to the state Animal Welfare Program, which has spent about $40,000 in boarding and health care costs since the animals were seized.

In his order handed down this week, Stitham wrote that Hagelin had had 21 days to

file an appeal but did so “literally minutes” before the deadline.

On his application for a waiver, Hagelin had checked a request for a waiver of the filing fee, but there is no filing fee for notices of appeal.

Stitham went on the assumption that Hagelin meant to check off another box, one asking for a waiver of the appeal fee.

As part of the process, the court must determine that the appeal is brought in good faith, that it is not frivolous and

that Hagelin is without sufficient funds to pay all or a

part of the appeal fee.

While Stitham forfeited the dogs in June to the state to be sold, he did not find that the state was entitled to any of its expenses for taking the dogs into custody, as that was effected solely by the April search warrant.

However, the state was granted a lien against Hagelin for its expenses for food, shelter and veterinary care from April 19 to June 23, 2005.

Since Hagelin has not given sufficient security to satisfy the state that he will pay all expenses for the care and support of the 113 dogs pending appeal, the waiver of the appeal fee was denied.