Evidence that Howard County Animal Control officers collected when they removed more than 75 dead and dying cats from a Columbia town house will be presented at the trial of an elderly woman seeking to appeal her animal cruelty conviction.
Howard Circuit Judge Louis Becker on Thursday denied the request of Ayten Icgoren, 80, who said the officers lied to a Howard district judge to get the search warrant.
Icgoren is scheduled for trial Sept. 22 in Howard Circuit Court.
The evidence, gathered Aug. 10, 2006, from the house on the 7300 block of Swan Point Way in Columbia, included:
- 58 dead cats, 17 dying cats and many more that were too decayed to be removed;
- veterinary records;
- photographs of the feces piles and urine-soaked floors in the house.
Icgoren’s attorney Arthur Reynolds said the search warrant was invalid because Animal Control officers falsely stated that Icgoren refused to let them into her house to check on the cats’ welfare.
“They lied in the affidavit in order to fool the judge,” he said, adding that without that statement, the judge would not have had probable cause to issue a search warrant.
Instead Reynolds said Icgoren told the officers to come back Aug. 11, 2006, because she had an appointment.
Prosecutor Devora Pontell called the argument “a fishing expedition,” saying the statement was irrelevant because officers are not required to make contact with the homeowner before getting a warrant.
Becker agreed, saying officers have a duty to act if they suspect animal abuse.
“Animal Control doesn’t have to knock on your door and say, ‘We’d like to come in your residence, will you let us in?’ ” he said.
He also said Icgoren’s animal cruelty conviction in April 2003 as well as numerous complaints from her neighbors about the “horrific odor” and “roach infestation” were probable cause for a warrant even without the statement.
Her daughter, Nese Icgoren, 51, who owned the town house, also is charged with animal cruelty and is scheduled for a Nov. 5 trial.
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