Judge

upholds

orders

on dogs

Humane Society's

attorney fails to show for court hearing

By KURT NESBITT

Journal Staff Writer

ST. JAMES -- Parts of a previous court order were upheld Monday, but no decision was made on whether or not Amelia Odegaard can contest the seizure of some 85 dogs from her farm.

Watonwan County District Court Judge Allison Krehbiel Baskfield upheld earlier orders for a temporary restraining order against Brown County and Minnesota Federated Humane Societies and waiving whatever bond was required by law for that order.

Baskfield did not rule on the most important question -- can Odegaard contest the seizure or not?-- because the MFHS' attorney, Timothy Shields of Richfield, did not appear at the hearing.

A court clerk spent nearly 15 minutes trying to reach Shields by phone in an attempt to get him on a conference call, but was unsuccessful.

Assistant Brown County Attorney Jared Peterson, who is prosecuting Odegaard in a Brown County gross misdemeanor case, attended the hearing but was unable to participate because he is not the attorney of record in the matter.

Peterson told the court that he made efforts to contact Shields last week and early Monday morning "but I got the answering machine both times," he told Baskfield.

Shields was present at last Thursday's hearing in New Ulm, where he vehemently opposed any kind of civil proceeding to challenge the seizure of the dogs.

Odegaard appeared with her attorney Cecil Naatz and her daughter Cinamon Molinski on Monday morning.

Naatz had brought along some witnesses and asked Baskfield if he could put them on the stand. The judge denied the motion, citing the fact that no cross-examination was possible because Shields was absent.

Baskfield also determined that the restraining order was appropriate until the outcome of the civil proceedings and affirmed an order made late last Tuesday by Brown County District Court Judge John R. Rodenberg that Odegaard didn't have to pay any bail because she is indigent.

"If she's indigent, then she can't post the $6,500 bond and probably can't post the $2,000 either," Baskfield said in reference to earlier argument made by the prosecution that some bond is required for a restraining order by state law.

Baskfield reset the hearing for 8:30 a.m. Thursday in St. James.