DISMISSAL OF CRIMINAL CHARGES AGAINST TERRA COTROMANO
Below is a transcription of Judge Eric Fancher Sr.'s Jan 25, 2011 order of dismissal of chargesELOW IS A TRANSCRIPTION OF JUDGE ERIC FANCHER, SRRULING.
[NOTE: Defense has relayed that the following should be mentioned:
1) On July 30 , 2010, the facility had been closed and denied maintenance for seven months.
2) The state was allowed to present its entire case, including all witnesses and evidence, before the judge's decision was made. (See item 4 of the judge's order.)]
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lN THE DISTRICT COURT OF JEFFERSON COUNTY, ALABAMA
TENTH JUDICIAL CIRCUIT
CRIMINAL DIVISION
STATE OF ALABAMA,
vs
TERRA AUQUENETT COTROMANO
Defendant.
Case No. DC 2010 – 838, 839, 840, 841,
843,844,845,847,848,849,
851,852,853,857
ORDER
This case came on to be heard after a series of hearings and review of the premises at 226 Glasgow Road, Birmingham, Alabama. Upon the presentation by the State, the Court finds as follows:
1. That the site, on July 30, 2010, was unkempt and the facilities were in poor condition, however, no proof was provided as to the basis for said condition to the Court’s satisfaction.
2. That various animals were sick and needed care, however, no time frame was shown as to when the animals were taken to the TEARS facility and their condition on arrival there.
3. That the warrant alleged a time when the alleged criminal act occurred, which was after the defendant Terra Auquenett Cotromano was terminated and not employed by the TEARS organization and thus would not have any responsibility for any animal.
4. That the State was unable to meet its burden of proof and thus this case is due to be dismissed and costs remitted.
Done this 25th day of January 2011.
A copy of Judge Fancher's Order of dismissal should be obtainable in the Circuit Court Clerk's Office at the Jefferson County Courthouse Bessemer.