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BUXTON – After years of delay, defendants in the notorious Buxton puppy mill case quietly walked from court last week under an agreement that likely will result in all charges being dropped.

Massachusetts residents John and Heidi Frasca, formerly of Buxton, each pleaded guilty to five counts of cruelty to animals March 17 in York County Superior Court in Alfred. They had originally faced 25 counts each of cruelty to animals. In an agreement, the criminal cases were deferred, and at the end of 17 months the pleas would be withdrawn and all charges dismissed. The dismissal hinges on the Frascas avoiding any criminal activity.

“I’m glad its over,” John Frasca said after the hearing last week.

The case stems from a raid led by Buxton police and state animal welfare authorities on Aug. 21, 2007, at the Frascas’ J’aime Kennel on Paucek Road in Buxton. The state claimed that many of the 250 dogs at the kennel were diseased. The seizure of the animals was believed to be the largest ever in Maine.

Yet, those involved with the high-profile case, including state officials, animal welfare agents and Buxton’s police chief, said this week they did not receive notification about the hearing. In fact, Buxton Police Chief Mike Grovo said Wednesday his department would host a press conference about the case at 11 a.m. on Friday, March 25, at Buxton Town Hall.

Bob Batteese, director of Animal and Plant Health at the Maine Department of Agriculture, said Norma Worley, who, as the director of the state’s animal welfare program, headed the state’s efforts to seize the dogs, had retired on Jan. 29. Batteese said he was unaware if the state received notification of last week’s court hearing in Alfred.

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“The problem is we haven’t heard from the district attorney’s office,” Batteese said. “We certainly would have been there.”

Batteese said the state is seeking to fill the position now vacant after Worley’s retirement. Worley, who had attended earlier court hearings on the matter, could not be reached for comment this week.

Dr. Christine Fraser, the state animal welfare program veterinarian who was involved in caring for the seized animals, also could not be reached through messages left Tuesday at the welfare program’s office.

Prosecutors have changed, too. In 2007, Jessica Christiensen, as assistant York County district attorney, had been the initial prosecutor on the case for then-District Attorney Mark Lawrence, who did not seek re-election.

Lawrence said Wednesday it wouldn’t be appropriate for him to comment about the case.

Steve Jacobsen, executive director of Animal Welfare Society in Kennebunk, which was involved in the care and adoption of many of the seized dogs, said Wednesday he was not officially notified of last week’s hearing, but had heard of it.

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Jacobsen said he planned to contact Grovo about Friday’s press conference. Jacobsen declined to comment about the case.

Last week in court, John Connelly represented the York County District Attorney’s Office at the hearing.

York County District Attorney Kathryn Slattery and Connelly both were unavailable for comment, according to a spokeswoman at the district attorney’s office.

At the time of the raid, Jody Thomas was the Buxton police chief but since stepped down. Grovo became chief in 2008.

Judge Paul Fritzsche was on the bench when the Frascas pleaded under what is called an Alford guilty plea, in which defendants acknowledge that it could be possible under the evidence for a court to find them guilty.

“They did not admit wrongful conduct,” Joel Vincent, the defense lawyer for John Frasca, said outside the courtroom after the proceeding.

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John P. DeGrinney, defense lawyer for Heidi Frasca, didn’t anticipate any problems with the Frascas complying with terms of the agreement.

“They’re in good shape,” DeGrinney said, also speaking in the court corridor following the hearing.

Meanwhile, the Frascas, now living in Massachusetts, are committed to perform 60 hours of community service between them. The couple will be allowed to keep four animals.

The Frascas’ 24-acre property in Buxton was sold in 2008 at a bank foreclosure auction for $217,000. The site included the couple’s home, a rental trailer and the kennel. The kennel was demolished to make way for a housing development.

Besides the animal cruelty charges, the Frascas had been also accused of failing to appear for arraignment hearings. Lawrence had previously said that John Frasca had been scheduled for an arraignment in November 2007 and Heidi Frasca for arraignment in August 2008 after being charged nearly a year following the raid. Heidi Frasca later told the American Journal she had not received notice of the arraignment.

The Frascas were arrested on fugitive from justice warrants in Burlington, Mass., in June 2009 and brought back to Maine to face charges of 25 counts each of cruelty to animals. They were freed on bail, which prohibited them from owning or possessing animals.

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They pleaded not guilty to the 25 counts at an arraignment hearing in Biddeford District Court in August 2009. They were given a trial date, but they requested a jury trial.

The case, which got under way in December 2009, met a further delay when the court granted the couple time to apply for court-appointed lawyers, who were appointed in March 2010. Then there was more delay when court dates scheduled earlier this winter were continued.

West Gardiner residents Thelma True and Larry Clowe sat in the courtroom with the Frascas last week, continuing their support of the couple.

“There really was nothing wrong down there,” Clowe said Tuesday in a telephone interview about conditions at the former kennel.

True said animal rights groups had wanted fines and the Frascas jailed, but she said they didn’t get what they wanted.

“The slate will be wiped clean,” True said, “just like it never happened.”

Heidi and John Frasca express their frustration over the seizure of more than 250 of their dogs at their Buxton kennel in August 2007. The case finally was adjudicated last week in York County Superior Court. File photo

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