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Wimer rabbit owner appeals animal neglect ruling By JILL BRISKEY Mail Tribune A Wimer woman convicted of animal neglect has appealed the ruling to the state attorney general, leaving Jackson County stuck with more than 200 rabbits until the matter is resolved. Diane L. Scott last week filed the appeal of her Oct. 31 conviction in Jackson County Circuit Court. "They have literally violated my rights over and over again and seem to think this is OK," Scott said. "They have given away valuable animals. I want restitution if nothing else." The county already has given away more than 200 rabbits of a total of about 400 but will continue to provide care for the remaining bunnies until the appeal is settled, a process that could take more than a year. By law, the county can't offer any more for adoption until the appeal is resolved. In late summer, animal control officers seized 200 rabbits from Scott's home, leaving about 200 others. In October, Scott pleaded no contest to a charge of animal neglect in front of Jackson County Circuit Judge Rebecca Orf. A plea of no contest has the same legal effect as a guilty plea. The district attorney and Scott's public defender agreed to a sentence including probation, restitution and the forfeiture of approximately 200 rabbits. However, Orf instead sentenced Scott to community service, extended her probation and ordered Scott to forfeit all of her animals. Scott also was banned from owning or caring for animals during her five-year probation sentence. Assistant County Counsel Debbie Minder said Scott is appealing the forfeiture of the 200 rabbits that remained in her care before sentencing. The issue is complicated because even if Scott wins the appeal, she cannot care for the animals because of the conviction. "We cannot give them back to her because she cannot violate the terms of her probation," Minder added. Spokesman Kevin Neely of the attorney general's office said he could not comment on the specifics of the case. However, Neely said no time limits apply to appeals cases. "It's not a quick process. It's a long and arduous one," he said. Neely said both sides have the option of settling the matter without a judge. "Any matter can be resolved out of a courtroom," Neely said. "That's certainly a possibility." Minder said the county is considering whether forfeiture of the second 200 rabbits should remain part of Scott's sentence. It also is considering working with Scott to find homes for the animals. While the process continues, animal control will continue to care for the bunnies. Shelter Director Colleen Macuk said she will take names and phone numbers of people who are interested in adopting the rabbits when the appeal is settled. Reach reporter Jill Briskey at 776-4485, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.