Thursday, 20 September 2007 08:35
Horses Ordered Back to Animal Control in Fiddletown Case
According
to District Attorney Todd Riebe, Judge David Richmond has ruled that two horses
returned to a Fiddletown family in a highly controversial legal case, must now
be returned to Amador County Animal Control officials.
The case is that of John O’Sullivan and his wife, Krista Clem, both of
Fiddletown. The pair was charged in January of 2006 with various charges
related to the death of a horse at their Fiddletown ranch. From that date on the
case has taken many twists and turns, but ultimately in a plea agreement was
reached with the couple.
The agreement saw John O’Sullivan pleading no contest to two
misdemeanor charges of animal cruelty, all counts against Krista Clem dropped
and two of the family’s horses returned to them. It was then discovered that
the plea agreement was not in compliance with law, which disallows the return
of animals to those accused of their abuse. The District Attorney’s Office then
sought a motion to overturn and invalidate the plea agreement which was
successful in May of 2007. Earlier this month the DA’s office attempted to
recharge O’Sullivan and Clem and also sought to have the two horses that were
returned to the couple taken back to Animal Control possession. Judge Richmond,
at the time of the hearing, ruled that the former plea agreement, now
invalidated, would stand as far as Krista Clem was concerned and the charges
against her would not be reinstated by the court. O’Sullivan’s charges of
felony animal cruelty were reinstated, but Richmond did not rule on the return of the
two horses in question. That ruling was released last night and stated that the
two horses must be returned by O’Sullivan and Clem to Animal Control’s
possession until there is resolution with the pending charges against
O’Sullivan.