Irina Barrett
Legal arguments Thursday morning in Fauquier County Circuit Court resulted in another postponement of Irina Barrett’s criminal case after she was charged last year with several counts of animal cruelty. Barrett had been scheduled to go on trial this week. Earlier this month, however, she filed a motion to suppress evidence gathered by law enforcement, once again prolonging a legal process that has now continued for more than 1 ½ years.
Fauquier County Sheriff’s Office deputies seized more than 70 dogs -- mostly Doberman pinchers and French bulldogs -- from Barrett’s Canis Maximus kennel at 6205 Beverleys Mill Road in Broad Run on Jan. 28, 2020. More than 50 poultry and other companion animals were also removed at that time. The Fauquier SPCA has been caring for the animals since then.
Barrett was charged with one count of animal cruelty causing the death of an animal and one misdemeanor count of inadequate animal care on Jan. 28, and four additional felony counts of animal cruelty in February, 2020.
In the civil case against Barrett that would have decided whether or not the SPCA would retain permanent custody of the dogs, then-Fauquier County General District Judge Greg Ashwell upheld a motion March 10 from Barrett’s attorney that evidence in the case had been gained as the result of an improperly secured search warrant. This nullified the criminal charges, since none of the evidence found during the execution of the search warrant would have been admissible.
But Circuit Court Judge Jeanette Irby overturned that decision on Aug. 11, 2020, ruling that the search warrant was indeed legal; the criminal charges were reinstated.
As the criminal case was coming up for trial, a status hearing held July 8 revealed two new motions from Barrett’s attorney Trey Mayfield. One of the motions revived the search warrant issue again, this time through the lens of the criminal case rather than the civil case. At that hearing, the trial was postponed again and a hearing on the motions was set for July 29.
In front of Judge James Plowman on Thursday, Mayfield argued that the search warrant affidavit was not specific enough about the harm that had been done to Yeva, one of Barrett’s dogs that died after it had been taken to a vet. (The dog’s death was part of the impetus for the search warrant.) For instance, the affidavit quoted the vet as saying Yeva had suffered and did not receive adequate care, but was not more specific than that. The affidavit also stated that the vet said Barrett had brought in other neglected animals, according to Mayfield.
He said, “Affidavits have to present facts, facts connected to a specific person.” He compared the case to one involving child abuse, saying it’s not enough to say a child has been abused; to obtain a search warrant, an affidavit must include specific facts. If a child is dehydrated or has bruising, those are facts, said Mayfield. It’s not enough to say a crime has been committed, there must be specific evidence supporting the claim, he said.
Prosecuting attorney Doug Rogers of the Fauquier commonwealth’s attorney’s office pointed to case law showing that the sworn testimony of Fauquier Sheriff’s Deputy Cpl. Aaron Vescovi, who originally appeared before the magistrate to secure the search warrant, should be valid. However, since that testimony was not recorded in any way, Plowman dismissed it. Only the affidavit and the accompanying criminal complaint could be considered, the judge said.
Plowman and the two attorneys traded references to applicable case law; in the end, the judge seemed reluctant to go against Irby’s ruling – on the same case with the same facts – that had already been decided in circuit court.
Plowman asked Mayfield and Rogers to submit new briefs presenting their arguments about why the previous judgement should or should not stand. The briefs are Friday, Aug. 20. Sept. 27 was set as the date for a status hearing when the ruling would be shared. A trial date could be set then, if Plowman decides the criminal case could go forward.
A second motion
During the hearing on July 8, Mayfield asked why Barrett’s laptop computer and phone had not been returned to her yet, stating that evidence that could prove her innocence could be found on that laptop. The items had been taken as a result of the search warrant; a year and a half later, they still had not been returned.
At the July 29 hearing, Rogers said that he had received word that the laptop should be ready to be returned by the end of next week. “If it’s not, I want you to send an order that it must be returned by the end of August,” Plowman told Rogers.
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Animal cruelty case delayed again, as attorneys debate validity of search warrant - Fauquier Times
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