Judge tosses animal cruelty case because of legal errors

For the second time in three months, a judge in Pahrump has tossed out an animal cruelty case involving a Las Vegas cat rescue group because of a procedural error by prosecutors.

In a ruling issued Friday, District Judge Robert Lane dismissed the appeal in the case against For the Love of Cats and Kittens, or FLOCK, whose shelter in Pahrump was taken over by animal control officers in July 2007.

Inside the shelter's 12-foot fence, officers found more than 700 feral cats and strays roaming the grounds, many of them in desperate need of food and medical treatment. More than 60 of the cats died or had to be euthanized.

The Nye County District Attorney's Office originally filed 18 misdemeanor animal cruelty charges against FLOCK as a corporate entity. Then, less than 24 hours before the case was scheduled for trial, prosecutors filed an amended complaint that listed 10 defendants by name for the first time.

Citing that and other errors, Pahrump Justice of the Peace Kent Jasperson dismissed all of the charges on Feb. 11.

Prosecutors filed an appeal, but Lane ruled that he had to dismiss it because they failed to bring the matter to court within 60 days of Jasperson's decision as required under state law.

Defense attorney Thomas Gibson said he hopes the animal advocates who were quick to criticize him and Jasperson for siding with FLOCK now see who is really to blame for the collapse of the case: Nye County District Attorney Bob Beckett and his office.

"It was an absolute comedy of errors from the very beginning," Gibson said of the case.

"Hats off to these two judges for doing the right thing."

Beckett referred questions about the case to Robert Bettinger, the deputy prosecutor assigned to it.

Bettinger said he hopes to file a petition with the Nevada Supreme Court by the end of the week challenging Lane's interpretation of the 60-day requirement he cited in his ruling.

The goal of the petition will be to get the case against FLOCK sent back to Pahrump Justice Court for trial, Bettinger said.

As for the criticism about the way the case has been handled so far, Bettinger said he wouldn't engage in any personal attacks because he respects Gibson as an attorney.

"It's a tough case," he said finally. "We do our best."

FLOCK still operates in Las Vegas, but officials for the group have said they will never try to run a cat sanctuary again.

Contact reporter Henry Brean at hbrean@ reviewjournal .com or 702-383-0350.