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Attorney: Minn. Couple Had Right To Kill Dog

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Jul 9, 2009 11:59 am US/Central

Attorney: Minn. Couple Had Right To Kill Dog

CALEDONIA, Minn. (AP) ― A La Crescent couple says a Minnesota law that lets people kill dogs to protect livestock justifies their poisoning of their neighbors' dog for defecating on their lawn.

Attorney Tim Guth says the animal-cruelty charges against 30-year-olds Scott and Tammy Bailey should be dismissed. He says it's a violation of the 14th Amendment's guarantee of equal protection.

Prosecutors say Scott Bailey was frustrated that the 8-year-old Labrador/collie mix stole a steak from his grill and foraged in his garbage. They say he left a cup of antifreeze by the grill.

Guth says the dog had growled at the Baileys and messed up their lawn and trash cans. He says his clients were "protecting their own property and children in their own yard."

The state has until July 24 to respond to Guth's motion for dismissal.

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