Nina Kelso isn't sure she should have entered a guilty plea in October to one count of animal cruelty, the Batavia woman indicated in City Court today as she wiped away tears.
She told Judge Robert Balbick that she wanted a new attorney before being sentenced on the conviction.
"I need somebody more suitable for somebody who attends mental health and needs more help with the case to be able to show their innocence and not be pretty scared into taking a plea," Kelso said.
Under no circumstances, Balbick told her, would she be allowed to withdraw her guilty plea, nor would he assign a new county-paid attorney to her, but he did give her two weeks to hire her own attorney.
In October, Kelso entered a guilty plea on an Alford basis, meaning she admits she would likely be found guilty by a jury, but did not admit to the facts of the case.
It's been a year since Kelso was first accused of mistreating her former dog, Fox'r. Fox'r was found by an animal control officer extremely malnourished at Kelso's residence.
Kelso maintained that Fox'r had eaten something that made him sick.
Today, Kelso said she felt pressured to enter a guilty plea because she said her attorney -- her second attorney on the case -- had told her if she didn't plead guilty, she would likely be found guilty by a jury and sent to jail once convicted.
Balbick reminded Kelso that when he accepted her plea, she questioned her about her understanding of the plea and her confidence in her attorney.
"If you had given any indication you were not making the plea voluntarily, I would not have taken the plea," Balbick said. "We went through the entire plea process very, very clearly."
The plea deal required Kelso to surrender ownership of Fox'r, who had been languishing in the animal shelter for eight months, so he could be adopted by a new family. It also came with a stipulation that Kelso would not be sent to jail.
Kelso is scheduled to reappear in City Court for sentencing in two weeks.
