WISCASSET -- A judge has ruled that a search warrant in connection with a raid on a Somerville dog breeder's home was valid.

Justice Andrew Horton said in a Sept. 12 ruling that officials from the Animal Welfare Program and Lincoln County law enforcement "acted in good faith" and believed they were doing the right thing when they obtained a search warrant to enter the home of Fern Clark, 78, in January.

Officials seized 66 of Clark's animals in the raid -- 61 dogs, four cats and a bird. Two of the dogs were deceased and found in a freezer, according to court documents.

Clark was charged with five felony counts of animal cruelty in January, days after state agents seized the animals. She now will stand trial on those charges.

At an Aug. 26 hearing, Horton listened to testimony from state veterinarian Christine Fraser and Lincoln County Sheriff Lt. Rand Maker, who executed the warrant. He also listened to testimony from Matthew Clark, Fern Clark's son.

At the hearing, Fern Clark's attorney, Andrews Campbell, said the affidavit and search warrant did not provide enough evidence or a probable cause for entering her home Jan. 18.

Some of the complaints the Animal Welfare Program received regarding Clark's kennels were based on reports from people who had not been allowed to see where the dogs were actually kept, Campbell argued, adding there was no proof in those reports that Clark had done anything wrong.

In his ruling, Horton disagreed with the defense, saying Fraser and Maker "subjectively believed" they did the right thing seeking the warrant, which was reviewed by Maker and former Lincoln County Assistant District Attorney Lisa Bogue before being approved by Justice Jonathan Hall.

Moreover, Horton said, Fraser's affidavit provided "some linkage" between some of Clark's kennel dogs to a Dracut, Mass., woman, Amy Moolic, who was arrested in New Hampshire after claiming 10 of 22 canines found in her car were "rescued" from the Clark house.

Though the affidavit does not prove which of Moolic's dogs came from Clark's kennel, Horton believed the link between Clark and Moolic was strong enough to support the state's decision to seek the search warrant.

Campbell said Monday, after examining the ruling, the issue at hand ought be whether or not his client intentionally harmed the animals.

"There's no question she had too many animals, but she loved all of them," Campbell said of Clark.

"It's very hard when you have that many animals to know which ones have internal problems."

Lincoln County Assistant District Attorney Andrew Wright expressed praise for Horton's ruling to uphold the search warrant. "We obviously agree with the judge's decision and stand by it," Wright said.

Norma Worley, director of the state's Animal Welfare Program, said state officials are "pleased" with Horton's ruling.

"We certainly appreciate the judge's ruling," Worley said Monday.

"We're very pleased the (assistant district attorney) worked hard on this case and we're planning on moving forward with criminal proceedings."

Clark's trial is scheduled to begin in December, though a date has yet to be set, Wright said. If convicted, she faces up to 25 years in prison and/or a $25,000 fine. Clark was acquitted animal cruelty charges in 1994. The animals in that case were returned to her, state records show.

Meghan V. Malloy -- 623-3811 Ext. 431

mmalloy@centralmaine.com