Aurora Town Justice Douglas W. Marky will hold a hearing today on Beth Lynne Hoskins’ request for the court to dismiss the criminal case against her involving 74 misdemeanor counts of animal cruelty stemming from an SPCA raid at her horse farm three years ago.
Despite indications that the judge would conduct the hearing Wednesday afternoon, the court said that the matter is adjourned until 9:30 a.m. today. This is the same day that the prosecution plans to call two rebuttal witnesses for additional questioning in the nonjury criminal trial that is winding down before Marky, a little more than a year after it began.
In the latest twist, Hoskins – through one of her attorneys – has filed a motion to dismiss the criminal case, saying one of the prosecutors, Matthew A. Albert, and Alex Cooke, an SPCA employee involved in the case, have been romantically involved as the trial has been under way. Hoskins alleges prosecutorial misconduct.
Cooke was never called as a witness and Erie County District Attorney Frank A. Sedita III called Hoskins’ latest attempt, yet “another act of desperation” by the defendant.
Closing statements in the trial are scheduled for 9:30 a.m. Friday before Marky.