The attorney for the Hurley dog breeder who stands accused of 172 counts of inhumane treatment of animals wants all the evidence thrown out.
Brian Radke filed papers Friday asking a judge to suppress the evidence because Second Chance Rescue and the Humane Society of the United States searched Dan Christensen's property illegally.
The video of the raid on Christensen's property was shot by the Humane Society of the United States was provided to KELOLAND News on September 2. But in court papers filed this week, Christensen's attorney says that raid was illegal.
He alleges evidence taken during the raid was based on two other illegal searches of the property. One on April 9 and the other on August 27. He says at neither time did Rosey Quinn, the director of Second Chance Rescue, have a valid search warrant or a licensed veterinarian with her, which is required by law.
The motion also alleges that if a licensed veterinarian would have been present during the first two searches of the property, they would have likely issued a report indicating the dogs were in OK condition.
During the raid on September 2, four licensed vets were on site. But Christensen's own veterinarian never got a chance to inspect the dogs before they were taken.
It wasn't until after the dogs were transported to the Turner County fairgrounds when she was finally granted permission, but court papers say she was only given ten minutes to inspect the 172 dogs.
Finally, it's alleged that since the Humane Society of the United States has no authority in South Dakota and its veterinarian is not licensed in South Dakota, its members broke the law by trespassing onto Christensen's property.
There's also been a new judge appointed to hear the case at the request of Christensen's attorney. Judge Tim Bjorkman had a conflict of interest.