The attorney representing an Ohio woman accused of maltreating more than 30 Arabian horses has asked a judge to discard evidence against his client on grounds that it was illegally obtained.

Last month, animal welfare authorities from the Humane Society of Ottawa County seized 36 allegedly maltreated horses from an Oak Harbor farm. Farm operator Robin Vess was subsequently charged with 42 counts of second degree misdemeanor animal cruelty. She later transferred ownership of the horses to an Arabian rescue group. The animals are now residing in foster homes.

On Monday, Vess’ attorney Mark Davis filed a motion in Ottawa County Municipal Court asking that evidence in the case be discarded because Humane Society and police personnel failed to obtain a warrant before removing the horses from a barn on Vess’ property.

"(Humane Society personnel) don’t have any greater authority than the police do," he said. "They have to follow the law. If the judge agrees to discard the evidence the case is over