Dan Christensen of Hurley is charged with 173 counts of inhumane treatment, but now he's filed his own court papers asking for the case to be thrown out and claiming that Second Chance Rescue allowed his dogs to be abused.
When Second Chance Rescue raided the alleged puppy mill in Turner County more than two months ago, it had the help of the Humane Society of the United States. One by one, dogs were loaded up in carriers and hauled away, even though by the animal shelter's own admission many of dogs didn't look sick or injured.
"It's our policy if someone complains about buying a sick puppy from someone or somewhere or getting a dog that's been neglected whatever it's our responsibility to check that call out within 24 hours," Second Chance Rescue Center's Rosey Quinn said.
But how Second Chance Rescue checked it out is now being questioned.
The attorney for the dog breeder says the searches of Christensen's property were illegal.
Forty-nine pages of court documents detail why Christensen is asking a judge to throw out all evidence taken during the raid because Second Chance failed to have a licensed vet on site during two previous inspections, which is required by law. One was on April 9, the other August 27.
During the raid, the dogs were taken to the Turner County fairgrounds to be housed temporarily. Christensen says one vet said the dogs he checked had food and water and didn't need immediate treatment and were in good condition. "He didn't follow through on all the exams and checkups that followed after that," Quinn said.
Christensen's lawyer is also accusing Second Chance of mistreating the animals. According to court papers, while the dogs were supposedly being cared for at the Turner County Fairgrounds, some of them got out of their cages and began to fight. Numerous dog fights ensued.
Don Jorgensen: Have you seen any evidence that dogs have had any bite marks or anything like that?
Quinn: Since we've taken them? Absolutely not, no.
Christensen claims the kennels at the Turner County Fairgrounds were only four feet high and his dogs were able to jump them.
"Okay, I don't know anything about that. There's been no dog fights. There's been no issues at all with the dogs with each other at all, no dog fights," Quinn said.
Quinn was aware of the need to prevent fighting. During a September 29th interview with KELOLAND News, she talked about why transferring them to the Sioux Empire Fairgrounds was a good idea.
"None of them are altered, spayed or neutered. It also keeps them from fighting through the cages," Quinn said.
Pictures obtained by KELOLAND News show at least one of the dogs suffered serious bites. According to the court papers, Christensen's attorney believes these deep wounds happened after the dogs were already in the care of Second Chance.
On the day of the raid, veterinarians documented the condition of the dogs. A form, dated September 2, documents the condition of the injured dog. But there is no mention of dog bites.
Christensen's attorney even says in court papers some of the puppies have died or were injured due to being attacked by other dogs.
"Um, I'm not going to comment to that, that comes into the trial part of it," Quinn said.
The court papers also say that one of the puppies suffered a broken leg while in Second Chance's care. Quinn doesn't deny that.
"Yes, there was a puppy with a broken leg that mom stepped on, yes," Quinn said.
That puppy has been fostered out, along with several others. But the other hunting dogs remain at the Expo Building. Second Chance has sent Christensen a bill for over $37,000 for housing the animals and that doesn't include vet costs, supplies or emergency services.
No trial date has been set for the case.
