Judge David Tulowitzki has refused to give prosecutors a “second bite of the apple” in a dog-law case he had dismissed.

In an order filed Tuesday, Tulowitzki turned down the prosecution’s request to set aside his acquittal of Lynne A. Raymor and Joni Weaver on summary violations.

Tulowitzki had discretion to set aside the verdicts because no testimony had been taken in his court.

The acquittals came when prosecutors didn’t show for a Jan. 22 hearing.

District Attorney Patrick Kiniry then sought to have the verdict set aside, citing a miscommunication.

The prosecutor, Kelly Callihan, said she and the officer were in another court that day and unavailable for the dog hearing – and told that to the judge’s office ahead of time.

Kiniry will review the decision before deciding whether to:

• Appeal Tulowitzki’s decision to the state Superior Court.

• Refile the charges and begin again “because no decision was made on the merits in the Court of Common Pleas.”

• Or drop any further legal steps and accept the ruling.

“It’s unfortunate the court did not believe the assistant district attorney’s explanation,” Kiniry said.

Tulowitzki noted in his decision that the prosecutor’s office had not filed a written request to delay the Jan. 22 hearing – as is the office’s policy.

Defense attorney Russell Heiple of Johnstown expressed satisfaction with the decision. He said his clients had been simply “trying to do a good deed.”

In the case, Weaver, co-founder of Habitat for Hounds, placed a dog in Raymor’s house, which the city police and city dog officer contended was unsuitable and dirty.

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