BATH -- A judge will decide the validity of a search warrant affidavit used to raid a Somerville dog breeder's home.

Authorities who searched the home of Fern Clark, 78, on Jan. 19, seized 66 dogs, four cats and a bird, and charged her with five felony counts of aggravated cruelty to animals and 16 misdemeanor counts of cruelty to animals.

Clark has pleaded not guilty to all charges.

On Thursday, she sat next to her attorney, Andrews Campbell, as he argued the affidavit filed by Animal Welfare Program state veterinarian Chris Fraser was insufficient to obtain a search warrant.

The affidavit was filed after Amy Moolic of Dracut, Mass., was arrested Jan. 16 in Salem, N.H., after police found 22 dogs -- at least two of them dead and the remainder filthy -- inside her vehicle.

Moolic told authorities she was rescuing the animals from a puppy mill in Somerville, and Assistant District Attorney Andrew Wright said Clark's name was found on paperwork in Moolic's vehicle.

But the judge questioned links between Clark and the dogs found with Moolic.

"There doesn't seem to be a lot of corroborating information about Ms. Moolic's information," Justice Andrew Horton said Thursday. "She pointed to a puppy mill in Somerville. She doesn't specifically identify Ms. Clark."

Campbell said Moolic visited other kennels in Maine besides Clark's.

"I say it's invalid and everything flowing from it," Campbell told the judge.

Campbell also said the affidavit was not notarized, and the judge noted the affidavit fails to say when Moolic obtained the dogs.

"That leaves open the question -- if they were in filthy condition, as stated in the affidavit, we don't know how long Ms. Moolic had them," Horton said.

Wright said the affidavit should be looked at in its entirety, taking in the information from out-of-state authorities and Clark's previous encounters with Maine animal welfare agents.

Clark was acquitted in 1994 of animal cruelty charges but convicted of a misdemeanor charge of assaulting an animal welfare agent who was investigating complaints against her.

She addressed the judge directly at the closing of Thursday's hour-long hearing, objecting to the way the search warrant was carried out.

"They went in my house and they stole my personal phone book and my town license," she said. "I haven't had a chance to speak for myself. They all lied."

Campbell said Clark was licensed, had complied with all state requirements and had her animals looked at by a veterinarian.

"Nothing alleged presents a lack of subsistence or medical care," Campbell told Horton.

If he rules the affidavit faulty, Horton said he could order another hearing to obtain testimony from witnesses.

Horton denied Campbell's motion to have the state turn over items seized in a second search at Fern Clark's home, specifically items taken from her son's room.

Betty Adams -- 621-5631

badams@centralmaine.com