Animal cruelty charges against Naperville man dropped
Prosecutors dropped Thursday an animal cruelty case against a Naperville man who took over his parents' historic farm.
Charges were dismissed against Lloyd E. Hamman, 73, after a judge ruled DuPage County sheriff's police improper searched his property without a warrant.
More than a year ago, authorities confiscated about four dozen goats and chickens from the Plank Road farm while investigating a complaint of animal cruelty.
They alleged goats' hoofs were so overgrown, the animals were forced to hobble around on their knees. Some chickens had open lesions. At least one goat carcass was found.
Hamman was charged with cruelty to animals and failure to provide humane treatment and care for an animal -- both misdemeanors. He denied the allegations in court.
Prosecutors said Thursday they had to dismiss the charges because of a lack of evidence after DuPage Associate Judge Cary Pierce ruled sheriff's deputies lacked probable cause to make the May 31, 2006, arrest.
During an earlier court hearing, Pierce granted a defense request challenging the 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.
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 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.
DuPage County officials still are pursuing a condemnation suit to try to forcibly buy the farmland, which is surrounded by development. That case 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. The goat survived.