SLIPPERY ROCK — Two attorneys representing a Franklin Township couple accused of abusing and neglecting their two dogs questioned the witnesses’ expertise to testify and argued the alleged offense did not meet the definition of cruelty to animals.

Timothy J. Lavery, 23, and Deanna J. Birckbichler, 22, had a preliminary hearing before District Judge Joseph Nash on Wednesday, Aug. 26, on two misdemeanor counts each of cruelty to animals and neglect of animals. The hearing included testimony from two Butler County Humane Society employees and the state police trooper who filed the charges.

The dogs were brought to the humane society June 14 after being found about a mile from the couple’s home, according to lead medical and behavioral technician Jill Hall.

Testimony varied over the length of time the dogs had been missing from the couple’s home before someone took them to the humane society from between a week or two and a month.

When they were dropped off at the humane society the dogs were considered strays and were described as being in “horrific” condition. The dogs were dehydrated, malnourished, had wounds on their legs and were infected with whipworm, Hall said. Hall said she contacted state police June 14 about her concern for the dogs.

The dogs were in the humane society’s care for one night, which Hall said was not long enough to conduct a full exam, before Birckbichler retrieved them the following day. Hall said she told Birckbichler the dogs needed immediate vet care.

Trooper Lauren Rousseau followed up with Birckbichler June 17 to ensure she sought vet care for the dogs.

Multiple appointments were scheduled for the dogs in late June and early July, but none of them were kept. At least one of the appointments was missed due to a lack of transportation, according to testimony. There was still no record of the dogs seeing a vet by the time of the preliminary hearing.

“The charges don’t fit the facts in this case,” Birckbichler’s court-appointed attorney, Antonio Bonnetty, said.

Bonnetty argued cruelty to animals charges were incorrectly filed because the dogs were not actively and purposefully being harmed.

Rousseau countered “ill treatment” is included in the definition of cruelty to animals.

Bonnetty also said Birckbichler was in communication with police about the dogs’ care, addressed the immediate concerns and kept up with medication they were given by the humane society.

Public defender Terri Schultz, who represented Lavery, noted no one who testified to the condition of the dogs was a licensed veterinarian.

All charges were held for court. Formal arraignments for Birckbichler and Lavery are scheduled for 1 p.m. Oct. 13 in Butler County Common Pleas Courtroom 2.