According to a court clerk in Lansing’s 30th Circuit Court, Judge Paula Manderfield quashed seven of the 13 counts of animal killing/torture against former MSU medical student Andrew Thompson on Wednesday.
Her decision was made after Thompson’s attorney Stacia Buchanan moved to quash the counts in a hearing last week.
Manderfield’s decision will force the counts to return to district court before they can be readmitted to circuit court unless the Ingham County Prosecutor’s Office successfully appeals her ruling.
Thompson was bound over to circuit court from Mason’s 55th District Court during the summer.
Because the counts originally were admitted in district court based on hearsay testimony from an investigator, there was not substantial cause to bind them over to circuit court, Buchanan said.
The evidence in question is testimony regarding the number of dogs Thompson allegedly owned while living in a Berrytree Apartment, 4464 Janice Lee Drive, Apt. B2.
The testimony, which was delivered by Ingham County Animal Cruelty Investigator Jodi LeBombard, stemmed from a conversation LeBombard had with Thompson’s former roommate, in which he told her the number of dogs Thompson allegedly owned while at that residence.
Thompson’s roommate could not testify personally because he was on vacation at the time.
Judge Donald Allen admitted the testimony on the grounds that it was for proof of ownership, which is admissible in Michigan.
Buchanan said such evidence should not have been admitted because she did not have the opportunity cross examine the roommate about his statements.
No one saw Thompson kill any of the dogs, and only one dog has been recovered — a severely beaten dog named Chloe, found in Thompson’s bedroom by investigators. The statements from Thompson’s roommate were the only evidence of the seven dogs in question and, therefore, were the sole reason for charges being admitted.
As of Wednesday evening, Ingham County Prosecutor Stuart Dunnings said he had not decided whether to appeal the ruling or send the counts back to district court so the roommate can testify.
Thompson’s trial is scheduled to begin Dec. 5, but these proceedings could push that date back.
Check statenews.com for updates on this story.
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