Judge denies Kapsa motions; no decision yet on competency

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buy this photo CASEY RIFFE/Gazette Staff
Linda Kapsa prepares to leave after court is adjourned Tuesday after a pretrial hearing. Judge Susan Watters said she would take under advisement a motion to declare Kapsa incompetent to stand trial. Kapsa is accused of aggravated animal cruelty.

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  • Linda Kapsa
  • Linda Kapsa
  • Linda Kapsa
  • Linda Kapsa

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Kapsa competency hearing
Kapsa competency hearing
Two mental health experts give conflicting opinions about whether Linda Kapsa is competent to stand trial on charges of animal cruelty.

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A state district judge on Thursday denied two motions seeking to dismiss the aggravated animal cruelty charges against Linda Kapsa, but a decision is still pending on whether the Ballantine dog breeder is competent to stand trial.

In the orders filed at 4 p.m., Judge Susan Watters said Kapsa's court-appointed attorney had failed to make the case that the felony charges should be dismissed. The rulings were issued two days after a daylong hearing that was dominated by testimony from two mental-health experts who disagreed on Kapsa's competency to stand trial.

Kapsa is accused of neglecting more than 200 dogs and other animals at her Shady Lane Kennels. In December, authorities twice served search warrants at her property, eventually seizing about 200 dogs, 27 chickens, 10 cockatiels and three cats. The authorities also removed the remains of about 24 dogs during the two raids.

Kapsa is charged with two counts of felony aggravated animal cruelty and four related misdemeanors. Prosecutors allege that Kapsa failed to provide adequate food, shelter and veterinary care for the animals. Her trial is set to begin July 13.

Kapsa's public defenders argued in pretrial motions that the felony charges should be dismissed because some of the dog remains seized as evidence were lost or destroyed. The defense attorneys also said that prosecutors should have charged Kapsa with only one felony because the allegations constitute a "continuous course of conduct."

In her ruling, Watters said there is no evidence that a county animal control officer purposely destroyed the dog remains. The officer testified Tuesday that he put the remains of 13 dogs into an evidence freezer shortly after the raids, then found in March that the freezer had failed and the remains had decomposed and could not be used for testing.

Watters also said that even if the remains had been preserved for testing and Kapsa found to be not responsible for the deaths, "such an outcome is of no consequence in light of the substantial amount of remaining evidence against her."

In the second ruling, Watters rejected the defense argument that Kapsa should not face two felony charges based on the same alleged conduct. Watters said testimony from an animal control officer and a sheriff's lieutenant at the hearing Tuesday showed that the separate raids on Dec. 11 and Dec. 30 properly resulted in the two felony charges.

Watters has yet to issue a ruling on whether Kapsa is competent to stand trial. At the Tuesday hearing, a forensic psychologist for the defense testified that Kapsa suffers from severe depression and is not competent for trial. A forensic psychiatrist for the prosecution disagreed, telling the judge that Kapsa is "extremely competent."

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