Tom LaVenture The Garden Island LIHU‘E — A case about cruelty to 16 horses that began in 2010 has experienced another delay and will not see trial until next March. Fifth Circuit Chief Judge Randal Valenciano approved a motion Tuesday
Tom LaVenture
The Garden Island
LIHU‘E — A case about cruelty to 16 horses that began in 2010 has experienced another delay and will not see trial until next March.
Fifth Circuit Chief Judge Randal Valenciano approved a motion Tuesday that defense attorney Craig De Costa filed for an examination of defendant Lara Butler-Brady to determine penal responsibility and fitness to proceed.
County Deputy Prosecutor Melinda Mendes filed a memorandum of opposition to the appointment of examiners, and said the motion should have been introduced in the pretrial phase. She said the defense did not see a basis for the examination until the last minute.
She accused the defense of delaying the trial using good faith in an effort to organize this new defense based on Butler-Brady’s state of mind. She asked that special conditions be ordered with any granting of the motion, including drug testing.
De Costa objected, adding that Butler-Brady’s spouse has prescriptions for anything found during the search.
Butler-Brady, owner of Keapana Horsemanship in Hanama‘ulu, operated a privately owned riding stable that took tours in the Wailua Falls area. After complaints from people about emaciated-looking horses and a site visit from the Kaua‘i Humane Society, a search warrant was executed on May 28, 2010.
A total of 16 horses and colts were discovered on the 165-acre ranch and taken into protective custody. They continue to be maintained by KHS at its Puhi shelter and through some privately owned land.
Butler-Brady was indicted on July 13, 2010, on 16 counts of misdemeanor cruelty to animals. The maximum penalty is a year in jail and a $2,000 fine.
Mendes said the delay is costing KHS $250 per day in maintaining the 16 horses until the outcome of the trial. She filed a notice of intent on Oct. 4 to request restitution and forfeiture of the horses upon conviction of any counts.
Valenciano ordered the one-panel report to be prepared and submitted by Nov. 25. A status of reports hearing is scheduled for Nov. 29.
The trial that was set for Nov. 7, is now rescheduled for March 12. A pool of 100 jurors to begin selection is anticipated.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@ thegardenisland.com.
