Las Cruces judge voids warrant in dog fight case

2009 The Associated Press
Feb. 25, 2009, 11:25AM

LAS CRUCES, N.M. — A judge has ruled a search warrant invalid in the trial of El Paso, Texas, brothers who face animal cruelty and dog fighting charges.

The case against twin brothers Daron and Duryea Scott, 50, has been continued after the ruling Monday by state District Judge Douglas Driggers. The judge suppressed all evidence obtained with the search warrant of the Scotts' property.

The search warrant was challenged because it was approved via telephone, said Susan Riedel, chief deputy district attorney. She said there is no state law allowing that procedure.

Riedel plans to appeal Driggers' decision.

"We'll have to wait for the appellate court to give us guidance on what to do next," she said.

The brothers were arrested in October 2007 after a monthslong investigation that began when dozens of dogs were found on properties in Chaparral and El Paso and were seized in August 2007. The charges were amended the next month to include allegations the Scotts ran a dog fighting operation.

They face dozens of charges of dog fighting, animal cruelty and conspiracy — 30 counts for Duryea Scott and 23 for Daron Scott.

Dona Ana sheriff's investigators allege the dogs were living in poor conditions and that some showed signs of being involved in fights.

The brothers deny the allegations, and have offered pictures and awards they say prove they are show dog breeders.

Albert Costales, a Truth or Consequences attorney representing Daron Scott, said obtaining the warrant telephonically creates "an issue of doubt."

Joe Coronado, a Las Cruces attorney representing Duryea Scott, said the warrant was "terribly processed."