A judge has dismissed the animal cruelty charge against Wareham resident Anna Nelson, the former Animal Control employee who the Mass. Society for the Prevention of Cruelty to Animals accused of failing to provide proper veterinary care for her dog.

The MSPCA said it sought the animal cruelty charge after finding that Nelson's 10-year-old dog, a terrier mix, was "suffering from an undiagnosed disease and was severely underweight."

Bridget Norton Middleton of the Plymouth County District Attorney's office says Nelson's attorney filed a motion to dismiss the case in court, due to a lack of probable cause. The District Attorney's office opposed the motion, but ultimately, the judge allowed it.

“We presented the evidence against Anna Nelson in the most complete and compelling manner that we can," said MSPCA-Angell Law Enforcement Officer Chris Charbonneau. "Obviously we’re disappointed that the judge has decided to dismiss the case. But the decision is final and we’ll have to accept it and move on.”

Nelson worked for the Animal Control office in the summer of 2004, according to town records.

Nelson failed to attend her April 24 arraignment for the charge. Wareham Police arrested her three days later, and she was released after paying court fees. In June, the court scheduled a trial for September 10.