May 02, 2018OSSIPEE — As promised, Great Dane breeder Chistina Fay's defense team followed up on her conviction by jury trial of 17 counts of class A misdemeanor charges of cruelty to animals with motions to appeal the verdict.
According to a Superior Court document signed by Judge Amy L. Ignatius on April 17, Fay's attorneys filed a motion "to set aside the verdict as being against the weight of the evidence and a motion to set aside the verdict for insufficient evidence" on March 16.
While the defense argued that "no rational trier of fact could find proof beyond a reasonable doubt on all elements of the 17 charges," the judge disagreed. She states in her decision that "only in cases in which the jury 'clearly failed to give the evidence its proper weight' should a trial court set aside a verdict," and in her opinion, based on the evidence, which included viewing of the property, a video of the site recorded on the day of the seizure, photographic exhibits and her observations of the jurors, that was not the case.
As for the defense team's claim of insufficient evidence, she returns to a listing of evidence presented during the two week trial, including testimony of former employees, law enforcement officials and medical personnel in addition to the aforementioned elements, and writes, "...there is no basis to conclude that no rational juror could have found the defendant guilty on this evidence." Both motions were denied.
Another defense motion on March 26, for documents and other information regarding restitution, was granted with the exclusion of requests opposed by the state, such as, but not limited to, the defense's request for years of tax returns filed the Humane Society of the United States.
Sentencing is scheduled for May 11.