MD: Pitbulls get reprieve in Hagerstown dogfighting case

Pitbulls get reprieve in Hagerstown dogfighting case

Don Aines Jul 6, 2017 Updated Jul 8, 2017



Citing a recent ruling over custody of livestock seized from a Boonsboro farmer in 2014, Washington County Circuit Court Judge Mark K. Boyer on Thursday denied a prosecution motion that could have resulted in euthanizing 14 pitbulls held in a pending dogfighting case.

Boyer also denied a defense motion to suppress evidence seized during the 2016 execution of a search warrant at the Hagerstown home of James A. Lambert Jr.

In addition, Boyer denied a defense motion to suppress statements Lambert made to police at the time of the search of the Bethel Street house.

Lambert, 33, is charged with 30 offenses, including possessing or training dogs for fighting, animal cruelty and illegal possession of firearms.

The charges arose from the Aug. 19, 2016, search of the house, where officers from the Humane Society of Washington County seized nine dogs.

One dog later gave birth to six puppies, and one adult dog was euthanized several months ago, Assistant State's Attorney Michele Hansen told the judge.

Lambert, who is free on bond, is scheduled for trial in October.

Prior to Thursday's hearing, Assistant Public Defender Peter Norris told Boyer that Lambert told him that morning he wanted a new lawyer.

Hansen objected, noting the state had all its witnesses present for the hearing. The judge denied Lambert's request.

The prosecution's motion for emergency relief asked that the dogs be declared contraband, or be released from the custody of the state to the humane society, which would be "responsible for determining how to manage the dogs," Hansen said.

If declared contraband, thus illegal for anyone to possess, the dogs could be destroyed, Hansen said. Even if Lambert is acquitted, the animals will not be returned to him, she said.

Norris cited the June 27 ruling by the Maryland Court of Appeals in Daniel Rohrer v. Humane Society of Washington County, which found that a civil procedure regarding the forfeiture of animals should not be decided while the criminal case is pending.

A decision prior to that would be "premature," Norris said.

The animals should also be preserved because they could be relevant to the defense's case in the criminal trial, he said.

Search challenged

In the suppression hearing, Norris argued that the search warrant, based in part on a confidential informant and an anonymous tip, had insufficient probable cause and possibly contained false information.

The informant was not in court and was only referred to by a first name. Lambert testified the man could have been the husband of a woman with whom he had an affair prior to his arrest.

Janette Reever of the Humane Society of the United States testified that she did not believe the man Lambert referred to and the informant were the same person.

The informant has worked with law enforcement for years on dogfighting cases across the nation, she testified.

The informant provided information in April 2016 that a man known as "James," "BJ" and "No Regrets" was involved in a "significant" dogfighting operation in Martinsburg, W.Va, Reever testified.

The ring operates in multiple states and has ties to the "Pariah Gang," which she testified was affiliated with the Bloods gang.

Humane society Field Services Officer Tracy Tkach testified she used social media to connect the street names provided by the informant to Lambert, and produced a photo from a Facebook page showing him with a dog with a heavily scarred head.

However, the information at that point was insufficient to seek a warrant, she said.

Tkach testified the informant believed Lambert acted as a veterinary technician, treating injuries the dogs suffered in fights.

Anonymous tip

On Aug. 18, authorities received anonymous telephone tip, and the prosecution produced that witness in court on Thursday.

The man testified he went to the house to repair a broken air-conditioner. In the basement, he saw about 10 pitbulls in dog carriers, too small for them to turn around in.

Another dog was chained, but appeared underweight and unable to use its back legs, he said.

The man described the smell of urine in the basement as "strong enough to burn your eyes."

Norris later told the judge there was no one who testified that they saw Lambert at any dogfights in Hagerstown or elsewhere.

Lambert "has said from the beginning ... that these animals were rescues," he said.

He also was read his Miranda rights and spoke voluntarily with police regarding a pistol and shotgun found in the house.

A Washington County Narcotics Task Force agent testified Lambert had a previous drug conviction that prohibits him from possessing firearms.

Lambert told him and another agent he found the pistol, and that the shotgun belonged to his father, the agent testified.

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