December 23, 2024
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Judge OKs Hagelin trial, denies motion to suppress

DOVER-FOXCROFT – A local man charged with cruelty to animals can present his case to a jury even though his request for a jury trial was filed two months after the deadline.

While District Court Judge Robert E. Mullen ruled Monday in Mark Hagelin’s favor for the jury trial, he denied Hagelin’s motion to suppress the findings of a search warrant that led to the charges levied against him and his father, Burton Hagelin Sr.

Both men were charged with cruelty to animals in April after state and local authorities executed a search warrant of their Gray Hill Road home and kennel.

During the search, authorities seized 92 English springer spaniels which they said had little food or water.

The dogs have since been turned over to animal welfare agencies in the state for adoption.

As part of their bail conditions, neither Mark Hagelin nor Burton Hagelin Sr. may be within 10 feet of any dog other than Apple’s Dumplin, a dog owned by Carol Hagelin, Burton Hagelin Sr.’s wife.

Last week, it was noted in court that Apple’s Dumplin recently had given birth to five puppies. The puppies are being boarded in the Hagelins’ kennel, which is located 10 feet from the house, and Carol Hagelin is caring for the dogs, according to Dover-Foxcroft police.

In denying the motion to suppress, Mullen wrote that the court had reviewed the affidavit for the search warrant and was satisfied there was probable cause.

The fact that Hagelin was presented only the warrant and not the supporting affidavit at the time of the search does not affect its validity, he wrote.

Mullen also ruled this week on other motions filed by the Hagelins. He granted Mark Hagelin’s request for another attorney to represent his case. His first attorney withdrew from the case and Hagelin fired his second attorney, who was court-appointed, calling him incompetent.

Denied was a motion filed by the younger Hagelin for dismissal of the charge with prejudice. Mullen wrote in his order that the motion was simply a “rant” against the state and those who seek to enforce its laws.

Mullen also denied motions for further discovery filed by both men and Burton Hagelin Sr.’s motion for return of seized property.

The Hagelins could not be reached for comment Monday afternoon.


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