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| NewsTuesday, July 22, 2008 10:12 AM CDT |
Judge dismisses charges in case alleging poisoned dogs
BLOOMINGTON -- Accusations of dog poisoning have been dismissed against a Bloomington groomer after prosecutors said they were not ready to begin a jury trial. Denise Read, owner of Deenie's Bed and Biscuit, 1811 Morrissey Drive, was charged in October 2007 with intimidation, cruel treatment to animals and criminal damage to property over $300 in connection with the September poisoning of two dogs owned by Tim Bowling, who owns Canine Design, 1605 S. Bunn St. The dismissal was requested by Assistant State's Attorney Kevin Sanborn, who told McLean County Associate Judge Kevin Fitzgerald that he was not ready to start the trial because two witnesses were not available from a Michigan lab where the meat was tested. Fitzgerald denied a state motion to postpone the trial, saying the case has been pending for more than a year and the witnesses were not key to the start of the trial. After the decision, in an exclusive interview with The Pantagraph, Read said, "I wanted the trial because I wanted the truth to come out." Read said she took and passed a lie detector test. Read has denied all allegations, saying the charges stem from jealousy on the part of several local competitors who want to ruin her financially. Sanborn had no comment after he left the courtroom. "This is not over," said Jim Bowling, Bowling's brother. Defense lawyer Jason Cannell said he was pleased with the dismissal and has received no indication that charges will be re-filed. The state has three years to file the charges again against Read. "We're very pleased the state's attorney's office took a close look at this case and made the decision to dismiss it," said Cannell. Tim Bowling praised the work of police and prosecutors Monday and maintained that a trial would have resulted in a conviction for Read. "This was never about revenge or getting even. I called police because my dogs were poisoned. I hope and pray that she (Read) has learned her lesson and we can all go back to doing our jobs," said Bowling. Bowling complained to police that Read was seen throwing a bag into an outdoor exercise yard near several dogs. Two of the dogs were taken to Bloomington vet Dr. Bernard Bleem and the meat tested positive for anti-freeze. In a statement to police, Bleem said the two dogs were dehydrated, a condition he did not attribute to the alleged poisoning. The vet also said the dogs likely would not have survived if they had eaten a large amount of the meat. In addition to the blow delivered to the state in the judge's denial of a continuance, prosecutors also were told they could not introduce evidence of previous disagreements between Read and two other dog groomers. Fitzgerald said allegations from dog groomers Kathy Sieraski and Desiree Cawthon that Read tried to intimidate them were not relevant to the criminal case against Read. Sieraski, owner of Paradise Pet Hotel & Day Spa, 407 Olympia Drive, criticized prosecutors for dropping the case. "I am extremely disappointed that my tax money is going to support someone like the state's attorney who had all the evidence and dismissed this trial," said Sieraski. |
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