ALFRED — A court decision that may eventually result in dismissed charges against the owners of a Buxton puppy mill disturbs animal welfare advocates, who say justice hasn’t been served in this case.

But York County District Attorney Kathryn Slattery is defending the work of assistant prosecutor John Connelly and said if John and Heidi Frasca, the owners of now-defunct J’aime Kennels, don’t meet conditions set by the court, they could go to jail.

If the couple complies with the terms of a plea arrangement worked out at York County Superior Court last week, they will be allowed to withdraw guilty pleas to five animal cruelty charges 17 months from now and the charges will be dismissed, according to documents on file at the court.

Conditions include that the pair, who list their residence as Lowell, Mass., perform 60 hours of community service and refrain from committing new crimes. They will be allowed to own up to four animals.

They were each charged with 25 counts of animal cruelty, described in court documents as depriving the dogs of necessary sustenance, medical attention, proper shelter, protection from weather, and humane, clean conditions after police raided the kennels in August 2007. More than 250 dogs were seized ”“ the largest seizure in Maine history. Later, 100 puppies were born.

There had been earlier complaints about the kennels, but the couple had refused to allow authorities on the property. They were in the process of appealing the state’s rejection of a facilities license for the kennel when police obtained a search warrant and raided the property.

Kennebunk’s Animal Welfare Society Executive Director Steven Jacobsen said he doesn’t understand the logic behind the arrangement, because his agency was not informed a plea arrangement was contemplated or a court appearance imminent, as is customary. Other agencies involved in the case, like Buxton Police and the state Animal Welfare Program, also got no notice.

“The courts did not provide justice in this case,” Jacobsen said in a telephone interview Thursday. “To put it all in context, the legislature has passed decent and good animal cruelty laws, police in Buxton did their job, the state Animal Welfare Program did their job and you see the humane officers doing their job(s) by enforcing the law. The Animal Welfare Society and the Animal Refuge League did their job. The courts and the court officer apparently did not do their job.”

The Animal Welfare Society, the Animal Refuge League of Greater Portland and national agencies spent 51 days on the kennel site caring for the animals, said Jacobsen. Further, he said a temporary shelter was set up in Portland through that winter.

The Frascas entered Alford guilty pleas to five charges at an appearance before Justice Paul Fritzsche at York County Superior Court on March 17; an Alford plea means a defendant admits there is sufficient evidence to prove the charge.

Maine Animal Welfare Program veterinarian Dr. Christine Fraser, who was the lead agent on the case, said no one from the district attorney’s office notified her of a plea agreement. The case had been handled by a different prosecutor, who left the district attorney’s office and when a new prosecutor was assigned, Fraser said she’d sent e-mails looking for updates, but got no response.

“We’re very, very, very disappointed in the outcome,” said Fraser of the plea deal.

Fraser said the state spent $460,000 providing medical care and supplies for the animals, and received $86,000 when the Frasca property was sold at a foreclosure auction. The help of volunteers with the Humane Society of the United States, the ASPCA and the American Humane Association was valued at an additional $500,000.

Connelly, who prosecuted the case, is out of his office this week. Slattery’s office issued a statement by e-mail, which said, “The combined criminal and civil sanctions imposed on the couple have been substantial, including the loss of their property.”

Slattery said the charges had been pending since November 2007.

“Since then, they have not been involved in further instances of this type nor any type of criminal activity,” Slattery wrote. “The deferral allows continued monitoring to ensure the defendant’s compliance. Should (they) violate the terms of the deferral, they will each face sentencing by the court on the charges of cruelty to animals in which the maximum penalty is a jail sentence of up to 364 days on each count.”

Slattery was not available for further comment. A spokeswoman said she would not be available to answer questions.

The Frascas were arrested on a fugitive from justice warrant in Massachusetts in 2009, charging failure to appear in court, and were returned to Maine.

Buxton Police Chief Michael Grovo was scheduled to hold a news conference this morning at his office.

Attorney Joel Vincent represented John Frasca. He noted the couple lost their property through foreclosure and lost a car because they couldn’t pay for it. He said their financial loss was significant.

“You just can’t look at the outcome of the case,” Vincent said. As to the court allowing the couple to own four animals, he said they would be pets, that the couple “wouldn’t be in the animal business.”

Jacobsen has a different view.

“For all that was done, for all the suffering, for all the costs, the circle was broken by the failure for a responsible prosecution,” Jacobsen later said in a prepared statement. “We are saddened by this turn of events, but ultimately take solace in the valuable and great work done to save these animals.”

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.