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Charges dropped against women accused of running Hopewell Township puppy mill

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All charges have been dropped against three South Park women accused of running a puppy mill in Hopewell Township after the search warrant used to seize 92 dogs on the property more than four years ago was found to be flawed.

Prosecutors withdrew animal cruelty and other neglect charges again Charlotte Binakonsky, Lucy Binakonsky and Emily Binakonsky on Tuesday after Washington County Judge Valarie Costanzo ruled last month that the search warrant state police investigators produced in 2018 was invalid.

The main issue in Constanzo’s Aug. 24 order to suppress the warrant and all of the evidence it produced was that it did not include what investigators thought they might find when the searched the property at 41-43 Hamilton Acres Lane.

“The warrant in this case suffers from a fatal defect on its face; there are no items listed to be seized, not even a generic description of any items,” Costanzo wrote in her opinion. “The warrant describes the premises to be searched, but fails entirely to mention any items to be seized. Where there are no items described to be seized, there cannot be probable cause for the issuance of the warrant.”

Chad Schneider, the attorney representing Charlotte Binakonsky, said the single word “dogs” would likely have been sufficient under the “items to be searched for and seized” section of the application, although he also found other issues within the warrant.

State police searched the property Aug. 21, 2018, after investigators said they received a tip and saw social media posts about the condition of animals on the farm. Police said they found 92 dogs living in deplorable conditions, including two that died in the immediate aftermath of the seizure and others that suffered debilitating injuries. Most of the dogs were German shorthaired pointers, although one was a Labrador mix.

The cost of veterinary care and boarding for the animals was nearly $150,000, a bill that will likely be footed entirely by state taxpayers since restitution in the case is unlikely. Schneider said the three women could make a legal claim to have the animals returned to them, but he doubts they will ask for the dogs back. It’s not known where all of the animals are living or how many have died since the seizure.

Charlotte Binakonsky, 67, Lucy Binakonsky, 33, and Emily Binakonsky, 29, were charged in October 2019, more than a year after the search of the property. Most charges were misdemeanors that including animal cruelty or neglect, but each woman also faced one felony count of aggravated cruelty to animals causing serious body injury or death.

Washington County District Attorney Jason Walsh said they had no choice but to withdraw all charges once the search warrant and the evidence it produced were bounced from the case.

Steffan Keeton, the attorney for Lucy Binakonsky and Emily Binakonsky, could not be reached for comment Friday.

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