A Greene County woman was ordered not to own animals for a year as part of an agreement reached in General Sessions Court late April 2 afternoon to resolve a cruelty to animals case.
General Sessions Judge Kenneth Bailey, Jr., announced the agreement, which had been reached between attorneys for the Third Judicial District Attorney General�s Office and the Third Judicial District Public Defender�s Office in the case of Frances Wynn, formerly of 86 Jackson Lane West.
Wynn had been accused in a criminal summons filed in February by Gene Norton, an investigator for the Greeneville-Greene County Humane Society, of abandoning four dogs and three cats at her former home at 86 Jackson Lane West in northern Greene County.
The summons also accused Wynn of failing to provide food, water and shelter for the animals for a period of up to three weeks.
The agreement, which also stipulates that no one who lives with Wynn may own or possess animals for the next year if she lives with them, was reached after the state had rested its case against Wynn and during the testimony of her mother, the first defense witness.
Testimony in Wynn�s case had begun at 2:55 p.m. Monday, but the agreement was not reached until about 4:35 p.m.
Under terms of the agreement, the state is dropping the animal cruelty charge against Wynn, but with the understanding that it can be re-filed if she violates the terms of the agreement reached in the case, Judge Bailey announced.
During the presentation of the state�s case, Assistant District Attorney General Cecil Mills, Jr., had called Greene County Animal Control Officer Eddie Key and veterinarians Dr. Jessie McBrayer and Dr. Barbara Hodges.
Also called as state witnesses were Wynn�s former neighbors Ina Roberts and Ricky Bowser.
Animal Control Officer Key testified that he entered the mobile home where Wynn lived at 86 Jackson Lane West through an unlocked door because it appeared to be abandoned and because he could see through windows that there were animals inside it.
He noted that the temperature at the time of his Feb. 5 visit, which had been prompted by a complaint to the Greeneville-Greene County Humane Society, was in the low teens and that the trailer had no heat.
However, Key�s testimony about what he had seen inside the mobile home was disallowed by Judge Bailey after defense attorney Doug Godbee objected on privacy grounds.
Godbee argued that Key should have obtained a search warrant before entering the residence. Judge Bailey recessed court to do legal research before ruling on the defense objection.
When court resumed, the judge said the only similar case he could find in which a search warrant had not been required was one in which an animal control officer testified that he entered a residence without a search warrant because he believed someone might be dead or in danger inside it.
The only defense witness called before the agreement was announced in the case was Phyllis Roberts, of Weems Road, who identified herself as Wynn�s mother.
Roberts testified that Wynn had moved into her home on Weems Road last Jan. 27 after the water line at Wynn�s Jackson Lane West residence froze.
Roberts� testimony was interrupted when defense attorney Godbee, a former assistant district attorney who now is an assistant public defender, asked if he and Assistant District Attorney General Mills could approach the judge�s bench.
Moments later, Judge Bailey summoned back to the courtroom all witnesses who had not yet testified.
He then announced that prosecuting and defense attorneys had reached an agreement in the case.
In announcing the agreement, Judge Bailey noted that Wynn had agreed to give up any claim to the animals that had been removed from her former residence on Feb. 5.
He also told her that no one with whom she lives may own animals for the next year if she resides with them.
Roberts, Wynn�s mother, said she presently has five animals.
Speaking to Wynn, the judge said, �You have until next Monday at noon to either vacate your mother�s residence, or the animals must be gone.� Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
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