By CORINA CURRY‚ Rockford Register Star
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ROCKFORD — The wording of a search warrant and how that warrant was carried out have led to the dismissal of animal cruelty and neglect charges against a Winnebago County woman who was accused of hoarding animals in January.

Associate Judge Robert Coplan last week threw out the search warrant used to seize 70 animals from Kerry Brumm’s rural Rockford home two months ago. Forty-three animals were returned to Brumm late last week, and Wednesday the criminal misdemeanor charges against the 40-year-old animal lover were dropped.

But Wednesday’s decision was too late for Radar.

One of Brumm’s dogs, a German shepherd named Radar, was accidentally put to sleep last month at the Winnebago County Animal Services shelter, where Brumm’s companion animals were being held while the charges were pending.

“It was a God-awful error,” said Animal Services Director Gary Longanecker. “The staff was devastated. It certainly wasn’t something that was intentional.”

Brumm put 25 of her animals up for adoption shortly after they were seized. Another dog being held at the shelter was euthanized in early March due to kidney failure. The 43 remaining animals, including a 450-pound hog named Rusty, are back home with Brumm.

“For Kerry, I’m thrilled,” said Brumm’s attorney Debra Schafer of Sreenan and Cain. “She’s been through so much. The impression is that she beats her animals or doesn’t feed them or care for them. Kerry was never given the opportunity to address any of their concerns. She was never told that they had any concerns. They just came, took all of her animals and kept them for two months.”

Schafer said she and Brumm are looking into possible legal recourse.

It was a story that dominated Rockford-area media in early January when Animal Services officials, acting on a tip from a woman who had visited Brumm’s farm, descended on Brumm’s Tipple Road home and took her animals in a midday raid.

There were horses, goats, a fox, lizards, snakes, cats and dozens of dogs. Many of them were infested with fleas and internal parasites. Officials described Brumm’s home as 1,200 square feet littered with animal feces and urine. The county Health Department condemned the home for unsanitary conditions.

In the days after the raid, Brumm’s friends and supporters rallied around the woman, helping her clean and get her home up to code. Brumm received donations from local hardware and feed stores. A friend of a friend posted her $215 bond, and others contributed to Brumm’s legal defense bill.

Brumm faced jail time and multiple fines for the 24 counts of animal cruelty and six violations of owner’s duties. Each cruelty to animals count was punishable by up to one year in jail and a $2,500 fine. Each violation of owner’s duties was punishable by up to six months in jail and a $1,500 fine.

“The judge’s decision was disappointing,” said Winnebago County Assistant State’s Attorney David Gill, who was prosecuting the case. Coplan ruled that the warrant was defective and that the evidence obtained from it could not be used in court.

“There were several problems with the warrant process. The affidavit submitted with the warrant did not support the issuance of the search warrant,” Schafer said Wednesday. “The search warrant itself was bad, and the search went too far.”

Associate Judge Steven Nash signed off on the warrant back in January. Nash had no comment on Coplan’s decision. Circuit Judge Richard Vidal dismissed the charges Wednesday.

Longanecker said he and the shelter’s staff did their best to care for Brumm’s animals over the past two months, and that Radar’s death was “a horrible accident.”

“It was inadvertent,” he said. “From what we can tell, a tag got switched.”

Contact: ccurry@registerstartower.com; 815-987-1395