Animal cruelty charges might be dropped
More than one year ago, authorities confiscated about four dozen goats and chickens from a Naperville farm while investigating a complaint of animal cruelty.
They allege goats' hoofs were so overgrown, the animals were forced to hobble around on their knees. Some chickens had open lesions. At least one carcass of a dead goat also was found.
The owner, Lloyd E. Hamman, 73, was charged with cruelty to animals and failure to provide humane treatment and care for an animal -- both misdemeanors.
Prosecutors said Thursday they'll most likely have to dismiss the charges because a judge ruled sheriff's deputies lacked probable cause to make the May 31, 2006, arrest.
DuPage Associate Judge Cary Pierce granted a defense request challenging Hamman's arrest because police didn't get a warrant before searching the 5-acre farm at 26W055 Plank Road on the city's northeast side.
The law allows police to search private property without a warrant if someone is in "imminent danger," such as when answering a domestic-violence call.
Prosecutor Romas Mockaitis argued the law is meant for all life, including animals, but defense attorney Jack Donahue countered he is unaware of any case law supporting the legal position. He argued authorities had plenty of time to get a warrant before stepping foot on the property.
Pierce agreed.
The criminal case is back in court next month, when prosecutors said charges probably will be dismissed for lack of evidence.
Decades ago, the public visited the Clara Ray Farm to buy Christmas trees, Halloween pumpkins and to see animals, such as cows, goats, pigs, sheep and chickens. The family farm dates back to 1940.
It hasn't been open to the public in years.
Hamman took it over in 1998 after his parents died. His lawyer said Hamman raises the animals to be sold for their meat.
The Naperville man has maintained his innocence since his arrest. He declined to comment Thursday but said he'd talk about the case "later."
DuPage County officials are pursuing an eminent-domain suit to try to forcibly buy the farm land. That case still is pending.
This isn't Hamman's first brush with the law. He spent six years in prison after pleading guilty to the 1985 attempted murder of his first wife. In 2004, he plead guilty to aggravated unlawful use of a weapon for trying to shoot a wayward goat after it wandered into Seager Park. Hamman was placed on probation for the gun incident.