Court rejects cat hoarders' appeal of convictions

KALISPELL (AP) — The Montana Supreme Court has denied the appeal of a northwestern Montana couple's conviction of aggravated cruelty to animals after 116 cats were found living in filthy, snowbound trailers.

The Daily Inter Lake reports (http://bit.ly/11pSxhu) the court announced the decision July 2 involving Edwin and Cheryl Criswell.

The cats were found in December 2010 and a jury the following year found the couple guilty. In October 2011 Cheryl Criswell received a two-year sentence deferred over six years. Edwin Criswell received a two-year suspended sentence but later violated his probation by testing positive for marijuana and methamphetamine. In January he was sentenced to two years in prison.

In September 2006, the Criswells entered Alford pleas to 10 counts of misdemeanor animal cruelty in northern Idaho in what officials then called the largest animal hoarding case in state history involving 430 animals.

In the Montana case, the Criswells contended they were wrongly convicted because during the trial Flathead County Deputy Attorney Ken Park called them "professional freeloaders," prejudicing the jury.

"The prosecutor's comments in this case went too far," the Criswells said in the appeal. "A prosecutor can lead the jury to the edge of a cliff, but he or she cannot push them over. Here the jury was already feeling pressure from the audience; the prosecutor's inflammatory comments served only to bias the jury's feelings heading into deliberations."

But the justices in a unanimous ruling disagreed. They ruled that, while Park's comments were improper, there was sufficient evidence presented that the comments didn't prejudice the jury due to the amount of evidence and testimony provided.

"Rather than being biased against the Criswells by Park's remarks, it is more plausible that the jurors saw those remarks for what they were: unprofessional and unnecessary disparagements of the defendants having no bearing on the question of guilt," wrote Justice Laurie McKinnon.

Chief Justice Mike McGrath, while agreeing with the opinion, wrote separately about Park's comments.

"A prosecutor is an officer of the court," he wrote. "Prosecutors must strive to promote justice and the rule of law. By making these improper comments to the jury, the prosecutor undermined the respect for the criminal justice system. Although the prosecutor's comments were not grounds for a mistrial in this case, it must be emphasized that this type of conduct is not to be tolerated."

Park didn't return calls from the newspaper seeking comment.