A state district judge has agreed to delay the trial of a Ballantine dog breeder charged with aggravated animal cruelty.

Linda Kapsa was scheduled to go to trial next Monday, but Judge Susan Watters granted a request for delay by Kapsa's court-appointed attorney, who said a psychiatrist hired by the defense has not completed his work to determine if Kapsa is competent to stand trial.

Deputy public defender Moira D'Alton said in a motion filed to delay the trial set for May 4 that she has "serious concerns about (Kapsa's) mental state." D'Alton said that because the competency issue is unresolved, Kapsa will not sign a waiver of her right to a speedy trial, as is the usual practice when a defendant requests a delay.

D'Alton also states that a veterinarian hired by Kapsa's defense has not completed a review of records related to the case. After viewing the frozen remains of dogs seized from Kapsa, the veterinarian decided that a forensic pathologist is needed to determine how the dogs died, the motion states.

A forensic pathologist at the state Vet Diagnostic Laboratory in Bozeman told the defense attorney that the frozen carcasses would have to be transported to Bozeman for testing, according to D'Alton's motion. The pathologist also said tissue samples may need to be sent to a lab in Michigan for testing.

Deputy County Attorney Ingrid Rosenquist filed a motion objecting to the delay, noting that the county has spent more than $75,000 so far to care for about 200 dogs seized from Kapsa's Shady Lane Kennels.

Watters granted the defense motion and reset the trial for July 13.

Kapsa is charged with two counts of felony animal cruelty and four related misdemeanor charges. County officials twice raided her kennel operation in December. Authorities allege that numerous dead dogs were found on the property, and the live animals were malnourished and not cared for properly.

The seized dogs are being cared for by county employees and volunteers at MetraPark.