A Maricopa judge found a Phoenix animal-rescue operator guilty of nine counts of animal cruelty this week, but the defendant, Diane Habener, has stated that she plans to appeal the verdict. The Arizona Republic reports that the 63-year-old woman was first charged with hundreds of misdemeanor crimes for neglecting the 96 dogs and 16 cats that she rescued from Valley shelters.
Prosecutors eventually dropped all but 16 misdemeanor charges of animal cruelty and a Superior Court judge found that Habener was guilty of just nine counts. Habener is scheduled to be sentenced later this month and faces up to six months of jail time for the conviction. The Phoenix woman is also facing penalties that include three months of probation and a $2,500 fine.
The Associated Press reported that the Maricopa County Sheriff's Office first launched an investigation of Habener after authorities received numerous complaints from neighbors and employees that she was failing to adequately care for the many animals in her possession. Deputies finally stepped in and seized Habener's pets after deputies visited her two homes nine times over a three-month span and found that this is a case of cruelty to animals on a "massive" scale.
It looks like this case isn't over yet if Diane Habener decides to appeal her animal cruelty convictions. FindLaw states that a person convicted at trial has the right to appeal a conviction at least once. With an appeal, the defendant is given an opportunity to raise claims that mistakes were made in applying and interpreting the law during the trial.
Related Resources:
- Find a Phoenix Criminal Lawyer (FindLaw)
- The Basis for an Appeal (FindLaw)
- Animal Rights (FindLaw's LawBrain)
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