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March 25. 2012 10:51PM
Plaistow woman wants animal cruelty charges tossed
BRENTWOOD — A Plaistow woman accused of force-feeding two German Shepherds a variety of metal objects is asking a judge to dismiss all charges against her, five months after a judge threw out her confession.
Jamie Labbe, 33, is attacking new indictments on charges of attempted cruelty to animals and criminal mischief filed against her last month in Rockingham County Superior Court.
Defense lawyer Tom Gleason is arguing that prosecutors cannot proceed because the indictments lack specific elements to show Labbe broke the law.
“The indictments fail to allege whether it was the defendant's purpose to beat, cruelly whip, torture or mutilate any animal or cause any animal to be so treated,” Gleason wrote.
Prior to her statements being thrown out of court, Labbe was facing cruelty-to-animals charges, which claimed she forced objects down the animals' throats.
But the new indictments charge her with attempted cruelty to animals, only alleging that she placed the metal objects ingested by the dogs “in proximity of the mouth,” Gleason argued.
Prosecutors have yet to respond to Gleason's argument.
Labbe allegedly made two of her ex-boyfriend's German Shepherds ingest pipes, bolts, a cigarette lighter and metal clamps between last February and April 5, causing one of the dogs to die, according to prosecutors.
Police say Labbe tortured the two dogs belonging to her then-boyfriend “because he pays more attention to the dogs than her,” Sandown police Cpl. John J. Sable wrote in an affidavit.
Judge John Lewis decided prosecutors could not use Labbe's statements in October. Gleason argued that Labbe made incriminating statements to Sandown police after she repeatedly asked for a lawyer while she was being interviewed.
Labbe's boyfriend at the time, Kurt Kohn of Sandown, called police once he realized what had happened, according to police. One of the dogs, named Pebbles, died as a result of internal injuries while the other dog, Magic, was seriously injured, according to indictments.
The new charges are felonies, punishable by up to 3½ to 7 years in state prison and a $4,000 fine.
Jamie Labbe, 33, is attacking new indictments on charges of attempted cruelty to animals and criminal mischief filed against her last month in Rockingham County Superior Court.
Defense lawyer Tom Gleason is arguing that prosecutors cannot proceed because the indictments lack specific elements to show Labbe broke the law.
“The indictments fail to allege whether it was the defendant's purpose to beat, cruelly whip, torture or mutilate any animal or cause any animal to be so treated,” Gleason wrote.
Prior to her statements being thrown out of court, Labbe was facing cruelty-to-animals charges, which claimed she forced objects down the animals' throats.
But the new indictments charge her with attempted cruelty to animals, only alleging that she placed the metal objects ingested by the dogs “in proximity of the mouth,” Gleason argued.
Prosecutors have yet to respond to Gleason's argument.
Labbe allegedly made two of her ex-boyfriend's German Shepherds ingest pipes, bolts, a cigarette lighter and metal clamps between last February and April 5, causing one of the dogs to die, according to prosecutors.
Police say Labbe tortured the two dogs belonging to her then-boyfriend “because he pays more attention to the dogs than her,” Sandown police Cpl. John J. Sable wrote in an affidavit.
Judge John Lewis decided prosecutors could not use Labbe's statements in October. Gleason argued that Labbe made incriminating statements to Sandown police after she repeatedly asked for a lawyer while she was being interviewed.
Labbe's boyfriend at the time, Kurt Kohn of Sandown, called police once he realized what had happened, according to police. One of the dogs, named Pebbles, died as a result of internal injuries while the other dog, Magic, was seriously injured, according to indictments.
The new charges are felonies, punishable by up to 3½ to 7 years in state prison and a $4,000 fine.
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