The remaining animals, not including tigers and other large cats, seized in Marion County from Barbara Hoffmann and Fred Lolling were turned over to the Humane Society of Harrison County for placement Friday following a new trial.
A trial de novo was held Friday in the District Courtroom at the Marion County Courthouse to decide if Ms. Hoffman and Lolling, who represented themselves at court, should have their animals returned.
"This court is going to find in favor of the state, which proved a violation of section 821.023 of the health and safety code," said County Court Judge Phil Parker. The section of code refers to the disposition or return of cruelly treated animals. If the court finds the animal's owner has cruelly treated the animal, the animal is to go to either public sale or auction or a non-profit animal shelter. "The animals will be placed with the Marion County Humane Society, and ordered, if the Humane Society sells any of the animals, the money is to be returned to the court," Parker said.
Ms. Hoffman and Lolling left the courtroom quietly as the trial concluded about 4:30 p.m.
"This is a win for the animals. That's who won here," said Caroline Wedding, president and founder of the Marion County Humane Society. "They will be placed in the best facilities available."
Testimony in the de novo trial began at 9 a.m., with a sign language interpreter provided for Lolling, who is deaf.
Marion County District Attorney Bill Gleason began with Marion County Sheriff's Investigator Shawn Cox, who took video of the search warrant's execution.
The video included cramped conditions, and Cox's testimony included the element of smell, which he said was "pretty strong" and made him cough.
"This is the second trailer with urine and feces all over the floor of the dogs cages. There was no food there, at the time, but it looked like they had been fed," Cox said as he described scenes from the video.
Animals were also found to be living in cages and crates inside the camper where the couple slept.
"The smell in the camper was quite a bit strong. The ammonia was strong," said Cox, who described the conditions of the 51 animals cramped inside.
Ms. Hoffman concerned her questioning with issues she believed existed in the process of the Marion County Sheriff's Department's execution of the search and seizure warrants.
She continually ventured into long sequences of questioning that were objected to by Gleason as being irrelevant to the trial. Lolling, who spoke for himself during questioning, also sought answers that were irrelevant to the proceedings from witnesses.
Other witnesses for the county included Deputy David McKnight and veterinarian Carol Hedges, who has had many of the animals in her clinic and kennel since the seizure.
"In general, the cages were dirty, they smelled bad and had to be repaired with tape pretty quickly," Ms. Hedges said of the removal of the animals from the two semi-trailers and camper.
She also described the smell of the trailers as having a "very high urine-type smell and some other odors I could not identify. It was like a kennel that had not been cleaned in several days."
Hedges also testified that among others, a miniature horse she treated for a serious case of pleural pneumonia died. An iguana was also found to have mouth rot and later died. Seventy percent of the dogs were found to have heartworms with another 70 percent cross-section having tapeworms and/or hookworms.
She attributed those issues to husbandry problems.
It was calculated during Hedges' testimony that there had been 141 animals seized. Of those, 121 were smaller animals. The domestic cats were euthenized, due to rampant upper respiratory infections, and the ducks, chickens and turkeys were also euthenized as their origins were unknown, since Ms. Hoffman provided no documentation for them.
In all, 38 of the 121 died either from euthanasia or medical causes, leaving 83 animals still in question during the trial.
Ms. Hoffman was openly grief-stricken over all of the animals' deaths, and expressed a desire to leave the courtroom as she choked back tears.
"I'm glad you've forgiven me for my mistakes," Ms. Hoffman said to Parker about her lack of experience in conducting herself at court.
She proceeded to give a background of the events and said she was there to prove she was abused as well, many times detailing her arrest and time spent in jail.
"I intend to show I was severely abused through the process," she said. Though the trial was not about her rights, she continued lines of questioning pertaining to the large cats, the search warrant and other events from the day of the seizure..." More