Judge rules in case filed against county

Judge rules in case filed against countyPhoto byMy Price County

On Thursday, December 21, 2023, Judge Kevin Klein presided over the trial of the petitioners, Trudy Seefeld and Charles Giese, against the respondent, Price County.

The case was called to order at 2:15 p.m. Attorney Stephen D. Willett was representing Seefeld and Giese in this case, but they appeared in court without counsel. Attorney Bryce Schoenborn represented the county.

The petitioners were requesting the return of six cats. (See related story.)

Attorney Schoenborn stated the cats should not be returned given they fall under Ch. 951 crimes. He called Dr. Ben Tegen as a witness. Exhibit 5, vet records, were offered to the court, but the petitioner objected based on duplication of records. The exhibit was accepted by the court. The witness was briefly cross-examined by the petitioner.

Next, Deputy Mindy Dabler, the Price County Humane Officer, was called to the stand. During questioning by Attorney Schoenborn, Exhibit 1, an application and affidavit of search warrant; Exhibit 2, search warrant; Exhibit 3, return of officer; Exhibit 4, notification to owners; and Exhibit 6, letter dated 11/13/23, were offered and received by the court. The petitioner cross-examined Deputy Dabler.

The respondent had no other witnesses or evidence to present, and the petitioners did not wish to testify. Attorney Schoenborn made his final comments and statements, but the petitioners did not have any final statements or comments.

After reviewing the evidence and testimony, Judge Klein found that the petitioners failed to prove the allegations they submitted in the petition and failed to meet their burden of proof. Therefore, the court denied the petitioners' request for return of the cats. The court determined that the cats are needed for evidence and/or have been mistreated. As to the monetary obligations incurred by Price County while housing the cats since February 2023 when the petitioners' claim was filed, the court determined that a statutory basis exists and granted the county relief. Attorney Schoenborn will prepare an order breaking down the costs as to all cats surrendered and a separate breakdown of cost for six specific cats. Further, upon stipulation of the parties, all remaining cats other than the six named in court, are considered unclaimed.

The court case was adjourned at 3:26 p.m.

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