CHARLESTON - A judge Thursday upheld most of the evidence authorities gathered when they first investigated reports of dead and mistreated horses at Ernest C. Rose's farm last year but left open the possibility of throwing out what they found later, perhaps because a search warrant was no longer in place.

Circuit Judge Mitchell Shick said he would reconvene a hearing today that took most of Thursday. Shick said he wanted attorneys to prepare for their cases on whether officers from the Coles County animal shelter and other officials had the right to go on Rose's property more than a month later, when most of Rose's horses were seized.

With new charges added in the case recently, Rose now faces 76 counts of misdemeanor offenses that accuse him of failing to provide food, water and other care to more than 70 horses at his farm at 1050 W. Coolidge Ave., Charleston.

His trial is scheduled to start Monday, but there were indications Thursday that the trial could be postponed, pending Shick's ruling on motions and because of the recently filed charges. A decision on that should come at today's hearing, during which the prosecution also will argue that Rose should have to pay for county's cost of caring for the horses.

Much of Thursday's hearing addressed defense attorney Michael Tague's motion asking that a search warrant issued Aug. 1, 2007, be declared illegal and that all evidence found then and after not be allowed at trial.