Lawyer: Couple had right to kill dog

CALEDONIA, Minn., July 9 (UPI) -- A lawyer for a Minnesota couple charged with poisoning a neighbor's dog argues they have as much right as farmers to protect their property.

Tim Guth has filed a motion asking a judge to drop the charges of animal cruelty against Tammy and Scott Bailey of La Crescent, the LaCrosse, Wis., Tribune reported. He says the equal protection clause of the U.S. Constitution applies because Wisconsin law allows farmers to kill dogs that harm their livestock.

In court papers, Guth says that Sadie, an 8-year-old mix of Labrador and collie belonging to Rod and Emma Blank, wandered into the Bailey's yard every day, leaving turds on the grass and rooting through the trash, the report said. On one occasion, the dog allegedly grabbed a steak off the grill.

"The state is criminally charging the defendants for their conduct in protecting their own property and children in their own yard," he said.

Scott Bailey allegedly left antifreeze in an open container by the grill deliberately, the newspaper reported.

At a hearing Wednesday, Emma Blank described Sadie as gentle and said she was trained to remain on the deck of her house.