Convicted horse abuser Ann Arnold enters plea of not guilty on Violation of Probation. The Saratoga County District Attorney James A. Murphy, III announced today that Ann Arnold (dob 5-29-53) of 131 Wilton Road, Greenfield, New York was arraigned in the Town of Greenfield Town Court before Judge Michael P. Ginley on a Violation of Probation alleging that Arnold maintained horses on the premises of 131 Wilton Road all in violation of a court order that was part of the sentence imposed by Judge Ginley. On July 17, 2012, Judge Ginley sentenced Arnold to three years’ probation, on the conviction to 19 counts of Failure to Provide Proper Food, Water and Sustenance, in violation of Agriculture and Markets Law Section 353, and one count of Criminal Nuisance in the Second Degree, in violation of Penal Law Section 240.45(1). Each of these crimes is a Class “A” misdemeanor. Specifically the Violation of Probation alleges: The defendant did not notify probation of her change in address prior to moving. The defendant maintained horses on her premises. The defendant maintained farm animals, specifically at her premises prior to restitution being paid in full. In addition, First Assistant District Attorney Karen A. Heggen, who is prosecuting the case argued to the Judge that bail should be set in the amount of $10,000 cash or $20,000 bond because Arnold did not previously appear for court appearance in a prior proceeding regarding this matter and left the state of NY all contrary to the orders of the Court. Over the objection of the DA’s Office, the Judge released the defendant in her own recognizance and advised Arnold of her “Parker warnings” which warn her that if she doesn’t appear at all future scheduled court dates as ordered she can face jail time. The defendant entered a general denial to the material allegations of the Violation of Probation Petition (tantamount to a not guilty plea. Her attorney later claimed that she “sold” the property to her brother and the horses are therefore on his property. The defense made an oral motion to dismiss which was denied by the Judge, as motions to dismiss must be in writing on notice to the DA’s Office. The Judge set a due date for the written motion to dismiss for December 3, 2013. The DA’s response is due December 9, 2013. The Judge said he would begin considering the motion and response on December 10, 2013. He further stated that in anticipation of denial of the motion to dismiss a tentative date for Violation of Probation Hearing has been scheduled for December 19, 2013 in the Town of Greenfield Court. Heggen met with several of the neighbors who were present in the courtroom who expressed deep concern for the horses currently on the property and who alerted law enforcement once they observed the horses at the beginning of November, at 131 Greenfield Road. DA Murphy said “A claim by Arnold that she no longer owns the property is merely a sham to try to end run the justice system. The probation orders indicate that horses cannot be on the premises, and makes no mention of the owner of the property. Therefore her claim that it’s her brother’s property is of no consequence to this proceeding. Ms. Heggen has been diligent about following the law in this case step by step and will ensure that Arnold will do the same.” It is important to note that the horses present on the property are not the subject of an independent criminal investigation of abuse. From all reports so far the animals are healthy and are being cared for. There is no pending charge regarding failure to feed or water the horses. The Violation of Probation, which is the only charge over which the DA’s Office has jurisdiction, is to determine if Arnold violated her probation or not. If she is found to be in violation she could face up to a year in jail. Hon. James A. Murphy, III Saratoga County District Attorney Director and Past Chair NYS District Attorney’s Association 25 West High Street Municipal Center Ballston Spa, NY 12020 518-885-2263 wk 518-884-8627 fax DA website: www.jimmurphyda.com Follow me on Twitter: @JimMurphyIII
Convicted horse abuser Ann Arnold enters plea of not guilty on Violation of Probation.
Nov 13, 2013 | 2013 News