Showing posts with label Confiscations. Show all posts
Showing posts with label Confiscations. Show all posts

YOUR DOG'S BEST FRIEND MAY BE HIS ATTORNEY


Illegal Animal Seizure



How to prevent or deal with "animal cruelty" confiscation by animal control and animal rights terrorists.


YOUR DOG’S BEST FRIEND MAY BE HIS ATTORNEY

 
by Diane Amble, We The People USA

Warrantless seizures plague animal owners! If contacted by animal control authorities SEEK LEGAL COUNSEL IMMEDIATELY to prevent illegal confiscation and impoundment.


It's like the wild west, bounty hunters seizing dogs and yes, shooting those they can't catch!In fact, you may want to find a good attorney now.  Why?” you ask. The answer is by the time the knock comes at your door, it may be too late to protect your animals and prevent them from being seized. Often times, seizure of animals results in the injury and death of the animals by the same authorities that claim to be "rescuing" said animals.

Once your animals are seized they will be subjected to stress and disease if not outright abuse and even death at the hands of callous animal control workers or overzealous animal "rescuers". Do you have an elderly dog or a litter of tiny kittens? How do you think they will fare at the pound where disease is usually rampant and the stress of impoundment may very well make your dog more susceptible to disease. Will your dog be able to handle an attack by another dog as they are often thrown in together in a kennel regardless of age or size?

Too many believe that the law protects their rights and their property as we were taught in Civics and Government class in middle school.

Too many believe that because they provide optimal care for their animals and live in a nice neighborhood or a rural countryside that they will never be subjected to the onerous raids one hears about. "Those people" you assume did not properly care for their animals.  We are told "those people" are hoarders.

The reality is that even people with four animals have been labeled "hoarders" by rogue raiders. Once they release often contrived raid details to the press, you will be presumed guilty by the media and the public.

Trying Your Animal Abuse, Limit Laws, or Hoarding Case:

You assume you will prevail in a court of law. That may be the case if you have deep pockets to appeal in a court of law. However, like child protective cases, most animal cases are heard by your accusers, in a private hearing within the animal control department without the legal protections provided in a courtroom setting.  The reality is often that the animal control agency alone is the judge, jury and executioner - literally.

If you are lucky enough to have your case heard in front of a magistrate, chances are they will take the word of the officers over yours and they nearly always know nothing about animal care and its intricacies.

If you have children, child protective services will be contacted and without warning they will appear. You may have to fight two fronts: allegations by animal control and allegations from child protective services.  And in both cases, your animals and your children may be seized immediately. You may be taken to jail and have to post bond in order to be released to begin your defense of what often amounts to “guilty until proven innocent."

Often another agency is also used to levy fines and put obstacles in your case: code enforcement. In some locales these officers now even legally carry guns! They will often declare your property condemned simply due to "blight", refuse or even "odor". You may be forced to leave your own property under their authority.

If your home is a mess, or maybe you are "hoarding" too many recyclables, they may contact Mental Health Services and you may be placed under evaluation (hospitalized) due to their perception of your inability to care properly for yourself. This is not uncommon is cases where the person is elderly.

You will be billed for each of these services.

Fines, Fees, and Court Costs of Illegal Animal Seizures:

In fact, many people cannot retrieve their animals due to the high cost of per diem exacted by animal services along with exorbitant veterinary fees. Code enforcement may charge $200 per hour to evaluate and re-inspect you monthly on violations and repairs.  They can place a lien on your home. In some areas, just breeding animals for consumption is deemed "illegal agricultural activities" and fines can be as high as $1000.00 per day.

Are you now asking yourself if all these seizures or fines are legal? Most are not but that does not stop them from happening. In fact, animal officer training includes instruction on ways "around the law" based on drug seizure precedent cases. Sure "those people" are the "bad guys dealing drugs to the neighborhood" but law enforcement is now teaching and applying the same interpretations to animal seizures.

Just as in cases where rogue narcotics officers place incriminating evidence in the alleged criminal's car or home, so may an overzealous animal officer kick over a water bowl, tighten a chain, or even flood your barn to prove animal abuse or neglect. If a pet is placed in a carrier and set out in the heat of the day for hours, how will your precious pampered pet look once they finally arrive at the animal control facility for veterinary examination? Your pet may be near death at that point. How can you prove your pet's condition was due to mistreatment following the seizure rather than your poor care?

At this point, most of us would be shouting out the Declaration of Independence:  "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness or reciting the Constitution! Are you prepared to hire a Constitutional attorney to uphold your rights under the law?

U.S. CONSTITUTION – Amendment 5.  Self-Incrimination; Double Jeopardy; Due process.  “No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

California Penal Code § 1548(d):  “Laws of the United States” means (1) those laws of the United States passed by Congress pursuant to authority given to Congress by the Constitution of the United States where the laws of the United States are controlling, and (2) those laws of the United States not controlling the several states of the United States but which are not in conflict with the provisions of this chapter.  CONGRESS makes laws, NOT counties, cities, code enforcement, or dog-catchers.

Yet, we are aware of countless ordinances that subject animal owners to excessive fees, which are really taxes, and unreasonable stipulations along with arbitrary and often ridiculous numbers; 4 dogs, 3 cats, 1 chicken, no roosters!  Such ordinances are based on a whim or the agenda of animal rights fanatics with unrestrained, autocratic use of authority by elected or hired personnel or merely appointed commissions or agencies!

Where will it stop? Will such illegal agencies soon tell us how many acres we can own? How many cattle we can have? How many pairs of shoes?  How about how many children you can have? Sound incredulous? Well, in China it is not only a reality but a living nightmare from which you cannot awaken.

In the state of California not one case has been won that resulted in all animals returned to the owner. This is also true across the United States.  The only two cases that were successfully won with all animals returned were in South Dakota.  Cases have been won, but too late. The animals were destroyed, sold for profit, disappeared, or the SPCA refused to return the animals.

You see it on the news every day:  "The poor animals were too ill and had to be destroyed". The favorite of the six o'clock news is "The hoarder had very unsanitary conditions so the house had to be condemned and bulldozed'.  "Restitution was ordered by the judge to be paid to the SPCA/Animal Control". What they don't tell you is, a six digit figure was awarded to the SPCA/Animal Control, who promptly placed a lien on the Home & Property. The owner was sent to jail so they couldn't fight them.

Can't believe it could happen to you? Stay tuned - we have hundreds of cases from California and across the nation.  Not one state is immune.  In Part II, we will discuss how you may be able to prevent any seizure and minimize fines by being pro-active.
 
References:
2008 - 2009 Significant Animal Law Cases. Author Rebecca F. Wisch Animal Legal & Historical Michigan State University College of Law
WARRANTLESS SEIZURE PROVISION OF ANIMAL CRUELTY STATUTE CONSTITUTIONAL. Author Julie Fothergill, Attorney, VLCT Municipal Assistance Center VLCT News, May 2004
California Criminal Animal Protection Laws by Alison Schiebelhut; George Washington University (GWU) Law School’s Animal Welfare Project 2008
California Child Abuse and Neglect Reporting Law Handbook (Penal Code 11164-11174.3)
Code Enforcement Unit inspections temporarily suspended by Jessie Faulkner/The Time-Standard April 9, 2008
Police Shooting Pets by Pamela L. Roudebush Animal Legal and Historical Center, 2002 Michigan State University College of Law
 
 
For the net's first documentation of illegal seizures and impoundment, go to Terrorists INDEX
 
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RESCUE RAIDS: CONFISCATION RACKET


Rescue Raids: Confiscation Racket


Humane groups team with animal control to seize and sell valuable dogs, cats, birds, horses, etc. Legal advice and resources to prevent or deal with illegal animal seizure.


October 2014 Update | TheDogPress.com
Barbara J. Andrews, Editor-In-Chief

SPCA Officer confiscating a dogNote: The ASPCA (American Society for the Prevention of Cruelty to Animals), founded in 1866, has no affiliation with local groups.  Any rescue, humane society, or individual may become a non-profit "SPCA" which, as you are about to learn, can be extremely profitable.

ABC News 20/20 spent a year investigating SPCA groups based on animal owners’ claims that SPCA falsely accused them of neglect, then confiscated their animals and sold them. In SPCA Steals Animals John Stossell says “"I thought they were heroic animal rescuers, but some animal owners say they act like petty tyrants, confiscating animals that aren't in trouble. The SPCAs are not police agencies, but they are given the authority to act like it. Animal owners tell us SPCAs abuse their power to steal people's animals.”

Rescue raids frequently involve horses or other livestock which sell for $thousands, thus impoundment is a lucrative business. Veterinary care is billed to the owner even if the animals are ultimately adopted or destroyed. It is difficult for animal owners to get good legal advice because local judges usually side with Animal Control. Most magistrates consider rescue groups as the experts who save abused animals, and through preconceived vision distorted by HSUS or Animal Control, court judges view plaintiffs as “hoarders” or “bad breeders.”

Many who have had animals confiscated report that SPCA, HSUS, or local humane societies teamed up with Animal Control, which has police authority.  What follows are case files and examples of unjust seizures by those who misuse police powers to seize  healthy, happy animals. Defined as Animal Enterprise Terrorism by the FBI, animal seizures can be highly profitable.
Whether any judges receive compensation for issuing warrants and handing out convictions for animal abuse is unknown.  According to the 20/20 broadcast, many victims had their lives destroyed by thugs who care more about fines and impoundment fees than about animals. Right or wrong, there may be no recourse because ABC News reports that many states have passed laws wherein “once a Justice of the Peace approves one of the SPCA's confiscations, an owner can't do anything about it.”

Should we put Animal Rights above Human Rights?” Many great minds debate that question and we must remember that PETA insist that a rat’s life has the same value as a child’s. There is no debate however, on whether many rescue groups profit handsomely from selling the animals they confiscate, aided by "humane interest" TV coverage which generates donations based on dramatized plight of the rescued animals.

This attorney does not give free legal advice but as examples, he presents three cases of out-of-control Animal Control. In the first, an entire pack of valuable hunting hounds was seized, in the second, priceless pedigreed dogs were taken while the owner was at dog shows, and the third describes destruction of an internationally-known AKC judge’s career and reputation.

In one televised example, Animal Control raided a show breeder’s kennel. Reporters intoned “120 dogs lived in deplorable conditions.” The owner said some of them were thin because they were nursing large litters of puppies. Any dog breeder knows that to be true but the SPCA took custody of all the dogs “including award-winners worth up to $6000 each.” The veterinarian stated that the owner “does care about and care for her animals, no starvation was evident” but even so, a local judge upheld the confiscation. The dogs were sold even though the owner mortgaged her home to pay attorneys and legal bills and consequently, she lost everything.

Under current Federal Law, Title 9, Animal Law, sec 2.129, Confiscation and destruction of animals, an APHIS officer is empowered to:
  • Confiscate animals which may then be "(1) Placed, by sale or donation, with (other) (2) persons or facilities … as determined by APHIS, even if (they) are not (APHIS) licensed or registered. Or the animals can be (3) Euthanized."
  • The APHIS official (often associated with the HSUS or a self-declared local SPCA) can have: "local police or other law officer to accompany him to the premises."
  • The really sweet deal is that the person, from whom the animals were confiscated, often without warrant, or proof of Just Cause, must: "bear all costs incurred in performing the placement or euthanasia activities authorized by this section."
Working the system from every angle, animal rescuers typically invite television crews along on raids. Such broadcasts spur the public to adopt the animals (for a fee) or make generous donations.  More than $6 million p/year to the Dallas SPCA-which, as revealed by ABC News, helped pay Garcia's $80,000 annual salary.
Animal Control/SPCA Confiscates 101 valuable birds in a particularly noxious raid. The owner, a licensed Florida Fish and Wildlife Conservation rehabilitator, was at a Bird Fair when her friend arrived to care for the birds whereupon Animal Control promptly handcuffed and arrested her for animal cruelty!

The cruelty was that during the SPCA raid, baby birds suffocated in overturned nest boxes, and the seized birds were made sick from unsuitable food fed by their "rescuers" and their respiratory systems were damaged by bleach spray - ignorant atrocities committed by over-zealous, ignorant authorities. Upon testimony by a Board Certified Avian veterinarian and other expert witnesses, Pinellas County Judge Dorothy Vaccaro dismissed the case but nothing could undo the damage done to the birds and their criminally abused caretaker.

Bob Attelson, All Setters Rescue, was at a dog show when Little-Minded Littleton, CO executed the carefully planned rescue raid. They sealed off Attelson’s street with four police cars, two animal control trucks, six uniformed police officers and two animal control officers. Neighbors said it was like a terrorist attack. Actually, it was. Littleton SPCA and law enforcement battered down his door, terrorizing a mother dog, confiscating her nursing litter and three rescued dogs for which he was seeking homes.

In addition to animal seizure and resale, plus court-decreed fines, fees, and impoundment costs, there’s another way to make money in animal rescue. Transporting adoptable dogs from shelter to shelter spawned a new industry under the acronym CUR, i.e. Canine Underground Railroad. Nel Liquorman, investigating for this publication, reported CUR’s unsavory connection with ALF (Animal Liberation Front).  Following a lead on “250,000 rescue groups” Liquorman discovered an average of 520 rescue groups for each state - 4 times the average number of counties per state! A startling statement on the profitability of rescue.

Small, cute, young dogs are highly adoptable and are often transported to shelters with low inventory. According to Best Friends, some shelters publish a list of “to be destroyed animals” because rescuers are charged a “pull fee” which is additional income for the animal shelter.

If this seems like an Animal Control Nightmare, it is. Read what this woman went through when they knocked on her door and what her final decision was...

Many breeders face police, SPCA, HSUS, rescue or local humane groups in defense of their house pets or livestock. In 2005 when the "pit bull ban" took effect in Denver, thousands of pit bull look-alikes were confiscated, dragged from the homes of hysterical dog owners and destroyed . In Quartz Hill, CA a woman who depends on her trained service dogs fought LA's “no exemption” policy when against federal law, Animal Control tries to confiscate seizure alert dogs!

This extremely well referenced and documented Illegal Animal Seizure Report reveals a nationwide increase in warrantless, illegal raids and offers sound advice on how to deal with profit motivated animal control. No one expects it will happen to them but it does, every day, even in small towns. If they confiscate your animal(s), even a rabbit, you face long-term boarding (impoundment) and veterinary fees which bankrupts many owners. If your animals are taken, your first call should to be to an attorney whom you have preselected.

Spurious dog bite statistics can incite a rash of raids against target breeds. When animal control stages a televised rescue, your face and your “helpless dogs” are flashed throughout the day, promoting the 6 P.M news of the confiscation that “saved a dozen animals” from animal cruelty and abuse.

The following legal advice is from George J. Eigenhauser Jr., a California attorney licensed since 1979, he practices in the areas of civil litigation.  It is the best course of action to prevent arrest or compile evidentiary challenge if you are arrested. The first defense is to know and assert your rights, one of which is to forbid warrantless intrusion by not giving animal control, SPCA, HSUS or any “rescue” group a foot in the door, even if accompanied by a sheriff’s deputy or police officer!  This document is your best protection When Animal Control Comes Knocking at your door.

If you can't stop Animal Control from seizing your animals, you may have a winnable cause for action if you have good legal representation and a record of court rulings. This Animal Impoundment Legal Defense offers a CD or USB drive packed with information to protect your rights if police authority runs rampant. You will be under emotional stress when challenging an attempt to remove your animals but be prepared and be careful because you could be arrested, ironically, for “obstruction of justice” or interfering with a law officer.

OK, you've read it but don't leave without clicking the above links.  It can happen to anyone.  Arm yourself with knowledge and legal advice that can protect you and your dogs from the purported "rescue" raids that have escalated this year.  News broadcasts make us worry about Ebola virus and ISIS terrorists but those are remote threats compared to being raided by "rescue" and/or HSUS.



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Activists Fight Back Against Animal Control Agencies with Lawsuit That Cites Corruption and Abuse



By Joshua Cook, November 21, 2013
One of the main arguments used by big-government advocates is that the government is vital to helping those who cannot help themselves.  To that end, the government spends millions of dollars each year funding Animal Control, which enforces animal protection laws and runs pounds in every county in America.  The role of government in animal protection has gone largely unquestioned until recently, but now activists are filing lawsuits against California Animal Control organizations for abuse of both animals and power.
Two sets of lawsuits are being prepared.  The first will be filed on the local level against San Bernadino County – with more Southern California counties to follow – and addresses the issue of animal treatment in government-run shelters.  These shelters fail to obey the very state laws they use in their justification for seizing animals in the first place.  Animal Control is equivalent to the police force of the animal world, not intended to protect individual animals but rather to maintain order among pets, strays and animal owners.
The second lawsuit, however, would address a much more important issue of civil rights and liberties at the federal level.  The government isn’t the only organization claiming to protect animals, and in fact it is less successful than private shelters, with higher kill rates, lower adoption rates and less successful animal placement.  Government shelters, therefore, find themselves in a losing competition with private rescues for volunteers, donations and adoption fees.
To counter this, it has become all-but-standard practice for government organizations to violate the Fourth Amendment rights of private shelters, their owners and their supporters.  Violating Fourth Amendment protection against unreasonable search and seizures, government agencies enter private shelters and seize their animals on dubious legal grounds and with no probable cause.  Regardless of whether or not they’re found to be in violation of any laws, though, they must pay hundreds of dollars per animal to retrieve them.
It doesn’t matter if they’re guilty or if they’re being victimized; they have to pay the fines.  Most shelters are completely unable to pay the tens or hundreds of thousands of dollars required, and are forced to relinquish their animals to the shelter – which makes money adopting some out, and euthanizes those which aren’t profitable, even if they weren’t at risk or being abused in the original shelter – and in some cases to close down.  Shelters across the country live in fear of these actions, while Animal Control profits.
Though this is a crucial issue in animal welfare, it far surpasses animals in importance.  With the majority of animal conversation focused on issues like hunting and horse slaughter, many believe that the government controlled animal organizations have engaged in nothing less than tyrannical actions against private charities.
The simple truth is that not only are there people out there eager to help animals – meaning that government involvement is unnecessary – the government has taken steps to intimidate and even eliminate these private charities.  In doing so, it routinely violates citizens’ constitutional rights.
“This is standard operating procedure for these questionable animal controls,” reads a post on the No Kill Coalition’s Facebook page.  “Harassment of animal activists and rescues that dare question their policies is a tactic employed by virtually all of them.  Hopefully, this movement which is gathering momentum in California will soon spread to all corners of the United States and beyond.”
This isn’t the only example of government being the most significant threat faced by animals and people who care for them, and it’s not the only example of government corruption involving animals.  Animal Control in Tennessee recently killed a young deer for being too friendly with people. Animal control sent a SWAT team into a no-kill shelter and killed a baby deer named “Bambi” before the shelter could transport it to a wildlife rehabilitation center.
“Anti-hoarding” legislation forces everyone who wants to help give animals homes to be registered with the government, and subject to government controls which force them to adhere to higher standards of animal care than most individuals – or government shelters – do, with the accompanying threats of random inspections and Animal Control “raids.”  In so doing, it keeps a thousands of pets homeless by stifling individual charity, a move very reminiscent of Michael Bloomberg’s preventing individuals from giving food donations to homeless people.
With animals, as with people, the government attempts to stifle individual attempts to help those it deems “needy.”  Not only do the actions of Animal Control show what happens when there is a lack of government accountability, they also illustrate perfectly that the government does far more damage than it does good.

Note from Joshua Cook: Special thanks to Sarah Tanksalvala who contributed the majority of work and research for this article. This is an issue the media is not covering and we plan to continue to write on this important topic.
Original article: http://benswann.com/activists-fight-back-against-animal-control-agencies-with-lawsuit-that-cites-corruption-and-abuse/#ixzz338yL20Dk

Famous SPCA Thug Gets His Due


I found this while browsing online. Click here for the original link. It was posted on July 14, 2005.


Greetings Gamefowl News Members!
Is it "Miller" time Mr. Frank David Garcia ?
Make sure you have your seat belts on and lets proceed.

In this issue




  • Finally The Past Has Caught Up With One Mr. Frank David Garcia
  • The Truth About SPCA
  • CBS Ch 19 From Tyler Texas Exposes Felon Frank Dave Garcia
  • Hot off The News Wire re Frank David Garcia
  • Letters To The Editor

  • Finally The Past Has Caught Up With One Mr. Frank David Garcia
    After selfless and tireless work by GFN's investigating reporters Mr. Frank David Garcia finds himself, yet again, sitting at the DEFENSE table. GFN's lead investigator, whom we shall call XYZ, works inside of a well known Animal Rights organization in and around Washington DC. Kudos to you XYZ !!!
    GFN apologizes to the drunken, convicted, felon, SPCA officer from Texas if our work has made you hit the local dive Bar trying to drown your sorrows in whiskey.,.,.,on second thought, naw, go ahead and drown yourself. (Editors Note)
    The Truth About SPCA
    The ABC News 20/20 story on the SPCAs has taken on a life of its own. Imagine raid victims investigating the SPCA raiders who ruined lives! Victims in several states are uncovering shocking secret criminal records that point to key figures at the SPCAs as being nothing but con artists and hardened felons.
    Within days of airing the 20/20 story entitled, "Cruelty to Owners" past raid victims came forward with surprising revelations of felony charges against Dave Garcia, who heads rescues now for the SPCA of Texas. Game Fowl News looked further and found that Garcia has similar convictions in several States including outstanding warrants. Finally, we've uncovered records of a kidnapping and rape conviction showing that Dave Garcia has served 9 years in an Arizona State Prison. Yet he heads a group that formulates new laws on animal cruelty for the State of Texas! He's prospered in Texas and owns lots of property now himself. He's done the same legislative work in Missouri where he ran a Humane Society! It's clear that Dave Garcia is just the kind of person the SPCAs and Humane Societies need to do its dirty deeds but shame on the authorities for not doing a background check! I guess we have to do it ourselves.
    20/20 also focused on Joe Stuebing, the New Jersey Arabian breeder who was raided by a New Jersey SPCA. Joe says the SPCA custodian, Andy Harris, was caught beating and kicking the horses on hidden video recorders in Stuebing's barn. Joe says that day after day, the cameras captured the incompetent handling by SPCA workers, including not feeding horses on some days, and allowing horses to run dangerous and loose in the barn. There are other shots of horses being left out unprotected in the freezing wind and snow in the middle of the winter. After watching news reports of the raid, lots of volunteers came forward to help the SPCA but after observing the SPCA for a while, the volunteers began moving away from the SPCA and working with Joe Stuebing to help him get his horses back.
    Meantime, the NJ SPCA custodians decided to walk away with four of Joe's prized horses, before volunteers saw the horses being led onto the custodian's nearby farm. The volunteers got a judge to order the horses to be returned. During that time, other horses were starting to colic because the SPCA mistakenly overfed them. The worst came when SPCA custodian, Andy Harris assaulted a female volunteer who was trying to take a picture of a horse that had coliced under the SPCA's care. Andy asked her to leave the barn and when she didn't, he beat her so bad, she vomited and fainted. The woman wound up spending time in the hospital, suffering from brain damage from the beating and she's recovering slowly. The horse wound up in the hospital too, needing surgery after the way the SPCA cared for it. SPCA custodian, Andy, was convicted of assault on the woman, but he barely served time, of course, because he works for the SPCA!
    Joe has $100,000 in legal fees and eventually won on appeal, He says he's waiting for the NJ news media to show an interest in the hidden video tape evidence he has of animal abuse by the SPCA, but he says the press seems to automatically take the SPCA's side.
    So folks, how long are we going to let the SPCA's get away with all this? Help Joe Stuebing and the victims of Dave Garcia! They all have high legal bills that the SPCA needs to pay back to them. We need a letter writing campaign so that the SPCA of Texas and the New Jersey SPCA makes restitution on every case involving the confiscation of property and destruction of human and animal lives. Write your local legislators to get these people put out of business and to pay restitution!
    CBS Ch 19 From Tyler Texas Exposes Felon Frank Dave Garcia
    GFN's investigators forwarded enough legal proof to various sources in Texas that the Julia Mc Murrey case had to be set aside as further investigations continue. GFN thanks Jane Slater, from CBS 19 Eyewitness News Tyler, Texas, for following up on the information we sent in.
    Below is the transcript from the report by Ms. Slater on last nights CBS 19 Eyewitness News;
    ((Dan)) A HIGH PROFILE ANIMAL CRUELTY CASE HAS BEEN PUT ON HOLD...
    ((Kelli)) IT TURNS OUT ONE OF THE STATE'S KEY WITNESSES IS A WANTED MAN. CBS 19 JANE SLATER HAS MORE.
    ((Jane)) JULIA MCMURREY'S PAWS AROUND THE PLANET ANIMAL SHELTER WAS RAIDED BACK IN AUGUST OF 2003. LEADING THE INVESTIGATION WAS DALLAS S-P-C-A VICE PRESIDENT DAVE GARCIA... C-B-S 19 HAS LEARNED THAT GARCIA IS WANTED BY ARIZONA POLICE.
    " These cases are going to be reset for the 17th of August." JUDGE FLOYD GETZ POSTPONED WHAT WAS TO BE JULIA MCMURREY'S LAST VISIT TO COURT. MCMURREY HAS BEEN TO COURT TWICE FACING CHARGES OF ANIMAL CRUELTY. SHE'S ALREADY RECEIVED ONE CONVICTION. THE OTHER ENDED IN A HUNG JURY. ONE OF THE KEY WITNESSES AGAINST MCMURRAY WAS S-P-C-A VICE PRESIDENT DAVE GARCIA.
    HIS DAY'S AS A WITNESS COULD BE SHORT LIVED. JUDGE GETZ SAYS HE RECEIVED AN ANOYMOUS PACKET. INSIDE WERE DOCUMENTS LIKE THESE THAT APPEAR OFFICIAL, SHOWING DAVE GARCIA RACKED UP A OVER HALF A DOZEN D-W-I CONVICTIONS ACROSS THREE STATES. C-B-S 19 HAS CONFIRMED 2 OF THOSE CLAIMS. IN NOGALES ARIZONA, A 1990 D-U-I LANDED HIM A WARRANT FOR HIS ARREST....FOLLOWING A FAILURE TO APPEAR IN COURT.
    IN MONTGOMERY COUNTY ANOTHER D-W-I IN 2000. BOTH THE STATE AND MCMURREY'S DEFENSE ARE NOW ALSO TRYING TO VERIFY THE CLAIMS.
    Joel Baker, Julia McMurrey's Lawyer: "There is some information about the lead witness in this case and we need to look into some of those issues."
    Matt Bingham, Smith Co. Dist. Atty.: "What I'm going to do is determine the veracity of that information and what it contains."
    MATT BINGHAM SAYS HE WAS NEVER MADE AWARE OF GARCIA'S PAST. HE SAYS THE PROSECUTOR TRYING THE CASE ASKED GARCIA IF HE HAD A CRIMINAL HISTORY, HE SAYS GARCIA REPLIED NO. JUDGE GETZ HAS GIVEN BOTH SIDES 30 DAYS TO INVESTIGATE THE CLAIMS.
    ((Jane)) WE WERE NOT ABLE TO REACH DAVE GARCIA BUT WE DID SPEAK WITH S-P-C-A PRESIDENT JAMES BIAS. HE SAYS HE STANDS BEHIND GARCIA AND HAS NOT BEEN CONTACTED BY ANY LAW ENFORCEMENT REGARDING THE CLAIMS.
    AS FOR MCMURREY'S CASE, BINGHAM SAYS HE'S NOT DECIDED WHETHER OR NOT HE'LL DISMISS IT. DAN AND KELLI....
    Hot off The News Wire re Frank David Garcia
    By CASEY KNAUPP, Staff Writer for the Tyler Morning Telegraph www.tylerpaper.com
    Julia McMurrey's trial on charges of cruelty to animals was reset on Wednesday after a judge received an anonymous fax alleging that one of the state's key witnesses has a criminal record.
    Ms. McMurrey was scheduled to be tried on three counts of animal cruelty. She has been through two trials already - the first ending in a misdemeanor conviction and the second a mistrial. She is charged with failing to provide proper care to individual dogs in each case - 198 were seized from her now-defunct rescue facility, PAWS Around the Planet, in 2003 by the Society for the Prevention of Cruelty to Animals of Texas (SPCA) and local law enforcement.
    County Court-at-Law Judge Floyd Getz received an anonymous fax containing allegations that Dave Garcia, vice president of affairs for SPCA, has a criminal history. The judge gave the information to prosecutors.
    After a hearing on Wednesday, Smith County District Attorney Matt Bingham said he had not had time to verify whether the fax was accurate. Prosecutors were granted additional time to review the information and the trial was reset for Aug. 17.
    Defense attorney Joel Baker said that he's been getting mail with similar information for a while and that about two weeks ago, he received a packet with all of the allegations.
    Baker said Garcia apparently has a driving while intoxicated conviction in Texas, as well as convictions in Missouri and Arizona. He also said Garcia has an active warrant out for his arrest from the 1990s but did not elaborate on the charges.
    Bingham said the information could possibly be used to impeach the witness, to let the jury know about his prior convictions, but that wouldn't mean that his testimony for the state would be untrue. "If it turned out he had a criminal record, that doesn't mean she (Ms. McMurrey) didn't do it (commit the crime)," he said.
    A mistrial was declared in April in Ms. McMurrey's second cruelty to an animal trial after a hung Smith County jury deliberated for about six hours. She was convicted in February of the first Class A misdemeanor case by a jury. She was sentenced to 180 days in jail and has since been released on bond pending her appeal.
    After the mistrial, the state announced it would try the three remaining cases at the same time rather than separately as they had previously planned.
    Ms. McMurrey, who began PAWS in 1997, testified during her first trial that her passion in life is still animals. The intention of the facility was to take on animals that were no longer wanted and to try to find them permanent homes.
    People continuously "dumped" dogs, some of which were in poor shape, on her property. But Ms. McMurrey said she believed in euthanasia only as a last resort. She said she fed and watered the dogs every day, and worked long hours to clean and maintain the 10-acre lot that housed more than 300 dogs. Garcia testified that the facility and the dogs were in horrible conditions.
    He said he observed dogs eating dead animals, decomposing dogs in cages, dirty water and other unacceptable living conditions at PAWS, located at 11804 Texas Highway 110 North. He outlined ways Ms. McMurrey could correct the problems and she agreed to comply within two weeks. But when they returned, it appeared that only the grass had been mowed.
    Ms. McMurrey voluntarily gave up custody of the dogs a few days after her arrest on Sept. 11, 2003.
    Assistant District Attorneys Brent Ratekin, Keith Downs and Stacy Cunningham have represented the state in her trials. Casey Knaupp covers county, state and federal courts. She can be reached at903.596.6289. e-mail: news@tylerpaper.com
    Letters To The Editor
    Roosters should have the right to trial before they are executed by nazi AR activists. Were the animals given a chance to life or doomed death? Under the animal welfare act the judge was to issue this death sentence, not the humane society! At a trial it should have been determined, not before the humane society acted against the law. Theft of livestock title section 667 of the criminal code, conspiracy against rights title 18 241 and the color of official rights 242 it also violates 5 amendment, 4th ,14th and the 7th amendment.
    Pate

    The True Story Behind the Raid at Frisky Felines Foundation

    Please click here to see the story on their Home Page so that you may visit the links and sign the petitions!

    This is the true story behind the raid on our shelter on November 17, 2011


    Am I surprised at what the animal control officer said about me on tv and the news papers?  Yes and no.
     Is he lying?  Yes 

    Has this be exaggerated or blown out of proportion?  Yes

    Why you ask?  Well, here is the last 2 years of my family's life.  If you read it, maybe then you will understand.   Nothing in these statements that I have written is written in false light, nothing is sugar coated, nothing is written here except the truth.  I have nothing to hide now, I had nothing to hide then.  My husband and I are innocent and my children and our pets have been abused by CPS and the animal control officer, not by my husband and not  by me.  Here is our story....
    Samantha

    These are my children, Candace (age 17 at the time), Josh (age 19 at the time) and Parker (age 14 at the time), this photo was taken on 6/17/2011.  These kids USED to be happy.  These children are now distraught, suffer from post traumatic stress disorder, anxiety and Candace was hospitalized in February due to anxiety and depression brought on by the raid in November.     These are the children that you non believers called "victims", the ones you said you "feel so sorry for", these children do admit they are victims, but when you ask them who have abused them they say "BL, the animal control officer and CPS".  Just ask them anytime you see them, they'd be more than happy to give you their side of things as NO ONE has ever bothered to ask the children how they feel about having their pets taken from them, murdered and held hostage.  No one has bothered to ask the children if they felt they were neglected.  No one has bothered to ask the children if they enjoyed running the no kill shelter.  The children very much want to be heard, but yet, their pleas to speak falls upon deaf ears because they are "minors".  Well Candace will be an adult on Sept 12, 2012 and has the right to voice her side of what happened.

    Samantha and Randell Lee are the founders of Frisky Felines Foundation A NO Kill Cat Shelter that was started after the Lee's took in several stray cats and realized their county had a problem.  They wanted to make a difference in their community so they started a rescue/adoption shelter to help not only cats but families with cats that are in need.

    On November 17, 2011 the Lee's were raided out of retaliation.  This has cost 4 cats their lives, the Lee's have been fighting this case that is based on lies with money that was ear marked for important things for their kids such as braces, college school camp this summer, etc and money for their house to do major repairs that have had to be put off.  The children were humiliated by the lies the ACO stated, rumors that began because of the defamation to the point in which Candace (the 17 year old daughter) was hospitalized.  4 cats were murdered at the hands of the ACO because no cats in the Lee's care were ill enough to die!  Donors have donated  to animal control to take care of the Lee's pets believing they are helping care for ill cats when in fact the cats were healthy and several had recently been seen by a veterinarian. People are complaining as to why they have to take care of the Lee's cats when the Lee's should have to,  but the cats were not sick in the Lee's care and the Lee's never received any citation or warning to take care of their pets.  The Lee's have since had to legally fight for one of the dog's that animal control wanted the Lee's to either put to sleep or pay $1000 for an exploratory surgery.  These animals were not in any harm before leaving the Lee's home, but they have been since being in animal controls care.  These animals must be returned to the Lee's, a family that loves them and was caring for them and these senseless seizures and invasion of privacy upon this family that helps others MUST stop!

    This is the story that lead up the the Lee's raid...................................

    In December 2009, someone living close to the Lee's called CPS on them, on 12/15/09 CPS visited the Lee home, were asked to come to the CPS office on 12/17/09, in which they did, before leaving the caseworker asked them if they'd allow her to open a case on them.  The Lee's said no.   CPS unsubstantiated the allegations on 12/21/09. 

    The case worker then called in a welfare child check  on 1/6/10 (on a family with a closed case). The town marshal from another town lives up the street and of course answered the call.    This time, the town Marshal (that had been stalking the Lee's for months was brought in on this (and amazingly is behind the 2011 raid also).  The Lee's told the Town Marshal he was not invited into the home because they were trying to clean the basement and they were washing down stuff in the kitchen and they needed to get it finished.  The town marshal refused to leave and argued with Samantha that he was going to come into the house, that he was there to check for heat.  Samantha told him, "look up you can see and smell the fireplace."  He then said he needed to check for hot water.  Samantha told him that both he and the caseworker knew that she is disabled and REQUIRED aqua therapy daily in order to be mobile.  So heat and hot water were an essential in the Lee household period.  He said he didn't care he needed in the house to check on it.  Samantha had to stand outside for 50 minutes fighting for her right to privacy because this town marshal would not leave, he even threatened to lock up Randell  for a joke he said, remember, this is a neighbor.  Samantha was on the phone for 20 minutes arguing with the caseworker that they had no right to be there and they were not coming in and the family was busy.  The caseworker told her someone was going to get into that house that night if she had to come out herself, Samantha said she had already offered the town marshal (neighbor to neighbor) to  come back in 2-3 hours after they got done what they were doing, he refused that and they were not going to allow him in, they felt he had no right to even be there.  The caseworker argued that she'd have someone else to come out, Samantha argued no, they weren't going to stop until they were finished.  Samantha who is disabled and cannot be in cold air or talk on the phone long told the case worker she was then in pain and had to get off the phone and going in but was not going to let the town marshal in, the caseworker kept arguing and would not let Samantha off the phone.  She kept on Samantha asking Samantha to let her open a case on the family, Samantha said no, so she started again on the town marshal getting into the house.  Again Samantha said no, this went on for about another 8 minutes.  Finally Samantha near tears in pain told the case worker that she can  have the town marshal come back in 2-3 hours after they got done.  The case worker said no,  he was going to get in then.  Samantha said no he isn't he can come back in 2-3 hours but I am hanging up.  Then the caseworker said "FINE, but you BETTER let him in and he will be there in TWO hours."  Samantha told the caseworker the family would have to stop what they were doing to clean up the kitchen floor, take all the dirty items back down to the basement and cram all the cleaned items in the loft, etc.  The caseworker also said, that she would be out the next day to discuss opening a case on the family.  Samantha handed the phone to the town marshal, told him to come back in 2 hours and walked into the house.  They didn't go in before because they feared what this town marshal would do, they do not trust him.  It took Samantha 50 minutes to fight for her right to privacy.

    On 1/7/10 the case worker said she wasn't coming out because of snow, but asked Samantha if she'd agree to opening a case on the family.  Samantha said no.  The caseworker said she will discuss it with her when she comes out the following day.

    On 1/8/10 the case worker said she wasn't coming out because she didn't feel well, but asked Samantha again if she'd agree to opening a case on the family.  Again, Samantha said no.  The caseworker said she'd see her on Monday and would discuss it then.

    On 1/11/10 the case worker came out to the house, was 30 minutes late at that.  The reason Samantha let her in is because she was tired of the bull and wanted to set the record straight with this caseworker.  The case worker lied the minute she opened her mouth.  Said the school called in a complaint about the kids.  Samantha told her "hold it right there, I know you are lying, you had to of called the school.  And the reason I know the school would not had called you is because I have an open relationship with that school and the principle because of Josh!"  the caseworker never denied and records show the caseworker called the school.  Then when Samantha called her on that, she started in on the cats, saying this cat had feline leukemia, this cat was sick, that cat was sick, this cat was emaciated, just on and on and on.  Samantha told her "I am a former vet tech, I have an animal educational background, some of the cats are currently under a vets care and that cat is not emaciated she is long and lanky".  Then she started in on Samantha homeschooling Parker.  Samantha has followed the Indiana Department of Education laws on homeschooling, the caseworker didn't even know what the laws were and Samantha had to educate her.  So the caseworker was getting ready to leave and once again asked if they' d allow her to open a case on them.  The Lee's said NO again.  The caseworker explained it would be an informal case plan and that she would be able to get them a grant to finish remodeling their home, to get new kitchen cabinets, floor, furnace, etc.  Samantha said

    "we do not agree to an open case, we do not want the states money,  we will fund the remodel the way we have been out of our own money".  With that the caseworker left.  The Lee's felt they finally put things straight with this caseworker.

     1/12/10   With that the caseworker told her supervisor and the director of CPS that Samantha and Randell were cat hoarders.  With that the director told this caseworker (acording to the CPS records obtained by Samantha Lee) to contact animal control.

    1/13/10  The caseworker calls Samantha and told her to stay put she was on her way back out to the house, even though Samantha told the caseworker she didn't have time to meet with her, the caseworker refused to listen and made Samantha stop to meet with her.   The caseworker arrived at the Lee home with her supervisor and 2 sheriff deputies and told Samantha and Randell they were there to detain the children (without a warrant and without exigent circumstances) and by the way they called animal control and he would be there shortly.  The Lee's were dumbfounded as the last thing either of these parents would do would be harm their children or their pets, both are the world to them.  They knew something did not make sense but knew that animal control would set this straight.  So when the ACO arrived at the home Samantha spoke with him and he stood in the Lee's living room for 20 minutes commending Samantha on a job well done.  He questioned her about a few things just to assure her knowledge, in which Samantha picked up on his ill spoken terminology relating to animal care, but dismissed it.  As the ACO went to leave he looked over at the caseworker as though to say goodbye and with that his demeanor changed and he said he would be back the following day to seize all the cats. It did not matter that the animals were under veterinary care just 30 days prior, did not matter that Samantha had proof of that, or proof of medication the cats were on, or anything. 

    1/14/10 The ACO came back and took the cats and coerced Samantha in surrendering Parker's ducks.

     Fast forward to evidence provided.  The ACO stated in his probable cause affidavit to Judge Roger Davis that he saw a cat in a cage with crusty eyes and had an emaciated appearance.  Animal Control's veterinarian said this cat weighed 8.8 pounds and that this cat was considered OVERWEIGHT.   Since the seizure Samantha has discovered ALL 15 cats he illegally seized he killed.  His excuse....."Mrs. Lee never returned for the cats so they were put to sleep".  This is a lie, Samantha in September 2010 AFTER waiting on the bench warrant that the ACO told her and Randell that would be issued, contacted the investigator and told her that she wanted the cats back.  The investigator told Samantha that they were still being used as evidence against her, but would tell the aco. The investigator kept on Samantha wanting to know where her horses were, this was 9 months AFTER the seizure, they could not find the horses and were still looking for them.  What Samantha didn't know is that the cats were euthanized on 2/1/10.  Why?  Because no abuse was found, according to state law, they had 90 days to locate the owners of said property before destroying it.

     In 2011 Samantha filed a tort claim on the ACO for what he did in 2010.  He had a duty to realize the cats in the Lee's care were being taken care of especially providing vetting documentation to him.  The tort claim was mailed out to Animal Control, Commissioners and County Council on Feb 28, 2011.  The parties had 90 days to respond, no response meant the Lee's had the right to sue.

    10/28/11  the Lee's horses were stolen by the Harrison County Sheriff's department and have been at a rescue since then.  The sheriff's department stated the horses were at large, however they broke into a locked barn, the fence was cut and told Samantha she would probably be charged with something over the horses, Samantha told the Sheriff she didn't see how since she did not believe that the horses were out but that someone let them out.  It was found out later that the Sheriff  (same sheriff that was part of the 2010 incident) said the horse rescue cut the fence, the horse rescue told Samantha they were never on her property and that the mounted sheriff patrol brought the horses to the horse rescue.  The Prosecutor saw no problem with the horses, just asked the Lee's to make the paddock bigger, however, this was October, the weather was not feasible to move a fence but the Lee's were trying.  (In February 2012 the prosecutor asked the Lee's to surrdender the horses to the horse rescue.  Samantha told the attorney that she tried to do that back in November after the raid because with fighting to get the animals back and protect the kids she didn't have time for the horses and the horse rescue refused, but Samantha did surrender them in February.  In March the prosecutor asked Samantha to take the horses back.  However, the Lee's could not take the horses back because of the raid, they lost the property the horses were at).    The horse rescue is now saying the Lee's owe $9000+ on horses that the prosecutor asked the Lee's if they would surrender to the horse rescue so the rescue could adopt out to recoup their losses. 

     November 16, 2011 Samantha Lee went to get 2 feral cats from a lady begging her for help (this lady was referred to Samantha, Samantha did not seek this person out like the ACO has tried to make the public believe), stating if Samantha did not take these cats that she would be evicted.  Samantha is a very compassionate person and tries to help people, since the cats were feral she said she would help because the cats would not be part of Frisky Felines Foundation as Samantha told this woman she was full and could not take anymore, but would help her since they weren't coming to the rescue and would put them with a feral colony.

     November 17, 2011 before noon the sheriff's department was on the Lee's porch.

      Everyone that has heard the ENTIRE story believes the Lee's were set up to get these feral cats to be raided.   NOTHING was ever stated as to as to why the ACO seized ALL the pets on the property, except that this lady that Samantha helped had a complaint on the condition of the house. (A house that no address was listed for, an address that is not on Samantha's business card, and the reason there has not been an address listed for the rescue is because the Lee's were remodeling their home during which it was not set up for visitors and to prevent drop offs), how did this lady get the Lee's address?????

     In addition to this the Lee's were not allowed to see the warrant UNTIL AFTER all the animals were removed out of the house

    The Lee home was a mess, something Samantha has never denied, BUT the house was a mess for VERY good reasons and I will state those here for you to clear up any rumors you may have heard or will hear.

     1)  In September the basement flooded, had 8 inches of water in it, then the sump pump broke and what water they could get out just came right back in.   The Lee's went to get another sump pump and they could not get the type needed for their basement.  Eventually they did get the correct sump pump but things had gotten worse in the basement to the point that the beginning of October Samantha and Randell MADE their nearly 19 year old son move out of his basement bedroom until they could get all the water logged items outside and burned/tossed. Which was a task in itself.   It has been reported that Samantha made her 17 year old daughter, another report says minor child sleep in this water logged room as late as November, that is not true, that is why the basement looked the way it did, NO ONE was using the basement since Oct 1, it was being emptied out due to the mildew, everything was water logged and was going to be burned, but you can't burn wet things nor is it safe to walk on the floor with water because of the cement.  This is an UNFINISHED basement.  It has a concrete floor and concrete walls.

     Josh (who is the oldest child) moved to the living room.  Josh is a typical teen age boy and is not the cleanest unless he wants something from his parents then he is amazingly neat.  Which Samantha and Randell feel is a typical kid.   From moving Josh to the living room the living room then became smaller, crowded and consisted of things the living room didn't have before which all belonged to Josh. In order to get Josh's "bedroom" in the living room Samantha had to take down her office and turn it into a sitting room to house the living room furniture, so Samantha had to condense the office (which is upstairs in the loft)  to another part of the house.  This meant purging items and getting rid of things that they no longer wanted, etc.  They had to move decorations around to utilize attic space better which is why Halloween things were out.

    Josh also asked Samantha if he could take over the kitchen (he wants to be a chef), Samantha knew not to do that, but Josh promised to keep up with it all and keep it clean.  So the living room and 1/2 of the kitchen was then Josh's responsibility.  With this,  Josh as a typical kid enjoyed making the mess when cooking but never wanted to clean up afterward and Samantha like a typical mother had to get on him over and over. 

    2) On Nov 5, 2011 (Saturday) The family took Samantha out to celebrate her birthday.  Come home and worked some in the basement. 
    3) On Nov 6, 2011 (Sunday)  Samantha came down with a stomach virus that lasted for 6 days.  The family had started the process to get things ready for Thanksgiving, they put up Christmas decorations on Thanksgiving evening and wanted to get as much of the basement cleaned up as well as the few areas they were trying to remodel done.  They would bring things up from the basement on weekends and Samantha and the kids would clean it and put it away then start the process over until they got the basement emptied.

    4) On Nov 7, 2011 (Monday)  Samantha had to take Parker's cat Gizmo to the vet for cosmetic surgery and Speck an adoption cat for a check up.  This vet that Samantha uses is a 1 1/2 drive one way from the home.  Samantha really did not feel like going but Gizmo had only a few days window to get the surgery, so she went.  Samantha also is disabled and driving that far did her in just on her disability alone, not to mention the feeling being nauseated while driving.  When she got home she laid down in hopes of feeling better the next day.

    5) On Nov 8, 2011 (Tuesday)  Not feeling any better, she called the vet and had Gizmo stay another night.  Samantha though didn't feel well did some of the things that needed done but was not up to par to doing them all.

    6) Nov 9, 2011 (Wednesday) feeling a little better but not great Samantha went back out to get Gizmo.  Once Samantha and Gizmo got home, not feeling well Samantha laid down for a bit and did a tad bit of this and that around the house.

    7) On Nov 10, 2011 (Thursday)  feeling a little better Samantha started cleaning some more. Candace was cleaning their bathroom and their bathroom walls had mildew on it (not mold as the media reported) and Candace was wiping the walls down (the mildew was on the glue from where they took the wall paper off in order to paint the walls.  The mildew came not from lack of ventilation as stated in reports but due to the door being shut after showers and the fan for the vent not being turned on, it was also reported this bathroom had no ventilation and it does.) Samantha told Candace to stop wiping the walls down until she went to to the store to get facemasks.   (CPS has a photo where you can see the wall was being wiped down), but these parents are being charged for having mildew on the bathroom walls because Samantha halted cleaning that until face masks were available, they'd rather the family clean it than take safety precautions.  They were cleaning the walls to be able to have the bathroom fixed up for guest on Thanksgiving.

    8) On Nov 11, 2011 (Friday)  The family had started working on getting more of the basement dried up and emptied out from all the waterlogged items in the basement.  It was a slow process to get this done due to Josh's bedroom being in the basement and 3/4 of the basement being used for storage.  Everything was either getting ruined or got ruined due to the sump pump breaking and they not being able to find a sump pump back in September.   There was dilapidated cardboard that had floated for a while that disintegrated to mush,  blankets that Josh had laid on the floor that were hopeless of being salvaged so sat there to be drained to be moved outside that started growing fungus, but by this date they were still way to heavy to pull up and out, so the family was cleaning the items that were more accessible waiting for the bigger, wetter items to continue draining. Josh  had been complaining about his stomach bothering him.  Samantha assumed he had gotten the same stomach virus she had.  So he started laying around not able to do much like Samantha did the week before.9) On Nov 12, 2011 (Saturday) The family was trying to get everything washed up and stored away.  There were clothes hampers of stuffed animals brought up, Josh's items out of his room, the stored canned goods, the furniture that still needed to be moved upstairs, etc.  All of the  items from the basement were placed in the living room and in the kitchen.  Some of Josh's items were on the living room chairs.  The items that were ready to be thrown in the washer (that they were trying to save) were on the kitchen floor which consisted of a dog bed, a pillow case and a rag all from the basement, a jacket and pair of shorts) there were other items in clothes hampers that were to be washed in the washer  and other various things needing somewhere to go were setting out.  Josh was still feeling off and was not helping as much due to feeling nauseated.

    10) On Nov 13, 2011 (Sunday) was rolled over cleaning from Saturday.  Josh was off and on with not feeling well.  The family kept going through things. Kept on the same routine of getting ready for Thanksgiving. They brought more things up to be washed in the bathroom, some of it was on the floor, etc.  Samantha did not mop the kitchen floor, living room floor, or the kids bathroom floor because they never got finished and was waiting to mop once that part of what they were doing was finished.  Kenya, an adoption cat started acted odd and Samantha had planned on taking her to the vet the following day.

    11) On Nov 14, 2011 (Monday)  at 6 am Josh woke Samantha up and asked her to take him to the ER.  Samantha told him he was on his 6th day and Samantha told him just to stay home from school and try to sleep it off, he'd be fine as hers lasted 6 days.   Josh insisted to go to the ER so Samantha got up and took him.  After Josh was released (with a diagnosis of a stomach virus) she took Kenya to the vet.  Kenya was diagnosed with an upper respiratory infection and was put on Clavamox.  Samantha spent that night tending to Josh and Kenya and trying to get the house back in order as they were trying to get everything done as thanksgiving was just next week and they had guest coming and wanted to put the Christmas decorations up prior while leaving some for the tradition for the family.  The goal at this point was stopping on the basement, getting everything brought up, cleaned and put away, then work on general housework so they could paint Saturday, get the rooms arranged the way they needed to be to do any minor adjustments after the house was back to normal.

    12) On  Nov 15, 2011 (Tuesday)  Samantha had a long day the following day and she had to "precooperate" to prepare for that due to her disability.  During this the lady about the feral cats called crying to Samantha about if she does not take the cats she is going to be evicted.  Samantha told her she had way too much going on with her own cat and didn't really have time.  The lady pleaded with Samantha that she'd be evicted and the cats are being shot at by the neighbor.  So Samantha told her since she had to go to her town the next day she'd swing by and get them.  (There is a big part of this meeting getting this cats that is not listed here).  Samantha had Josh to go to the basement and clean up his room and throw out things that were ruined of his and bring up any dishes and get them washed.  Josh brought up the dishes but sat them on the counter and in the sink and didn't wash them up.

    13) Nov 16, 2011 (Wednesday) Samantha waited for the vet to call about Kenya's blood work.  She called and Samantha told the vet that Chargheera and Mufasa had started with sneezing and coughing, but Kenya was doing better, but didn't bounce back as quickly as Samantha felt she should had.  Samantha asked the vet if she could give Mufasa and chargheera their own Clavamox.  The vet said "legally I can't give them their own Clavamox but I can give Kenya a refill and ok that you give it to those 2 cats and any cat that gets it."  Samantha then stated "since these 2 are getting it, chances are the whole kennel will get it, what should I do at this point?".  The vet then told her "I can order you L Lysine and you can give that to all of them and hopefully that will ward off some of them from getting it........."   So Samantha ordered the L Lysine for the shelter and the vet told Samantha to come up and get another bottle of Clavamox and start Chargheera and Mufasa on it and gave Kenya another prescription in additon to her Clavamox.    So Samantha left the house to get Josh at school to take him to his other school, had to stop at the animal hospital, while at the animal hospital she spoke with the vet tech and asked if she knew of any local feral colonies that were being maintained as she was not going to be keeping the cats she was getting but was going to put them with a feral colony, drop Josh off, head to get the cats she was going to help and then headed out to see how much it was going to cost to get her van fixed.  Then after wrapping up her errands, Samantha picked up Josh and headed home.  Samantha got home and discovered Candace and Parker did not do their chores.  This made Samantha mad as there was so much that needed done by Friday night.  Samantha did not want to wake Candace because of school, so she punished them instead of doing their chores for them, she left them to do the next day after school with additonal chores.  If it wasn't holiday coming up she would had grounded them from their friends like she normally does.

    14)  Nov 17, 2011 (Thursday) Samantha got up to get a head start on getting the house back in order and since she punished Candace and Parker she was trying to get her chores out of the way so she could help the kids get the house back in order, Samantha and Randell soon learned they were being staked out.

    The 2 dogs (Brownie and Coal) were stolen based on the ACO saying he could see Coal's spine and ribs from a distance, implying that Coal was emaciated, but the state veterinarian stated that Coal was of average weight.  Then months later the ACO made this comment about Coal and I quote... "I would consider him to be of average weight when I got him".  So there are 2 statements and 2 witnesses saying that Coal was not emaciated as he stated to get an ok to seize the dogs while waiting on the seizure warrant.    The search and seizure warrant was based on Coal being emaciated  and that they also saw emaciated cats and cats with upper respiratory infections.  There were ONLY 3 sick cats and NONE of those had an active URI, Kenya got sick on that Sunday, Chargheera that Tuesday and Mufasa that Wednesday, the raid happened  the following day that Thursday!  I would like to know why the state vet reports that 21 cats scored a 1-2 on the bcs, which says they were emaciated.  I had a few overweight cats. How can NO cat on the bcs not score a 6 if they were overweight???  The state vet said, when she examined the cats that NONE of the cats were of average weight.  I want answers as to HOW none of the cats were of average weight when I have pictures from CPS that were taken the day of the raid that show 3 overweight cats in their own photos!!!!

    It is rumored that there was feces all over the floors, on the kids beds, on the table, counters, etc.  That is a lie, yes, there was SOME feces in the house, it was generalized by the back door which was by a litter box and another litter box. A couple of cats were being treated for coccidea and had loose stools.  The aco and the cops both testified that "these cats had it coming out of both ends", and that is a lie. ( Actually this is the same statement stated in the paperwork in the 2010 illegal seizure.)  They say the poo was old and that is a lie also, I checked the floors before I went to bed the night before the raid (by the litter boxes) because I wanted to make sure the litter boxes didn't need to be scooped before I went to bed, because if they did the cats may go outside of the boxes before I got up in the morning, that is Parker's job to maintain the main floor litter boxes, there was some poo in the boxes but not very much for that many cats, there was enough room and fresh litter available in the boxes.  They are saying the litter boxes weren't touched in weeks or months, however, Parker just washed, sanitized and refilled the litter boxes that Monday evening, you can see the fresh litter in the photos.  The reason there was feces there is because we were staked out for 5 hours and I could not tend to the main floor at all.  Not to mention when they came in the house they didn't "walk" through the house, they were skipping around, flying about like they were giddy children.  The cats were freaking out and I have never seen my cats act like that.  First the cats were all calm, laying around, but then started running about the house.  It was really sad to not be able to comfort them, I think most of them knew what was going on.  The floors were marked up for tracking the water from the basement  throughout the house and coming in and out of the back door.

    That pretty much describes what happened.  Was the house a mess, yes, would a simple, clean it up suffice, yes, were the animals generally in good health, yes, did anything warrant a seizure, no!  As a matter of fact the house was clean within 24 hours.  The rest of the time was spent trying to protect the kids and cats.

    The ACO is out to destroy Samantha and has already defamed her on TV and to the news papers, why?  Is it because she filed a complaint and now it may be found out what he has done and possibly is doing to other people and  how for no reason he is killing HEALTHY animals that STILL LEGALLY belong to people?  Does he want to give her such a bad name that no one will believe her once she speaks the  truth to the community of how he is hurting innocent animals? Is it because she is standing up for her family's civil rights? When asked what his job consists of he stated and I quote "seizures, impounds and helping the sheriffs department build criminal cases."  Really?  Since when does an ACO's job consist of seizures and helping build criminal cases?  What happened to issuing citations/warnings that is LISTED in the Harrison County Ordinance? 

    These people behind this illegal seizure need to be fired and put in jail for child and animal abuse as the accusers are the abusers.



    These are pix of the cats taken during the raid, tell me, do they look neglected, malnourished or sick?

    Click Here To Sign Our Petitions
    Petition #1
    Petition #2

    Please donate to help us see this through.  We have an attorney ready to take over the lawsuit we filed against CPS and animal control.  He needs a minimum of $7000.  The judge has been working with me on raising the funds, but he has given me a final date of July 11, 2012 to have my attorney to file an appearance and to file an answer to the defendants motion to dismiss. IF I do not have these things done, the judge said he will rule on the matter WITHOUT a hearing, so the case will be dismissed.  Please do not let any of these people walk, each person we are suing are responsible in some shape or form for the MURDER of our cats, the mental abuse upon our children and then because they did nothing when I filed the complaint the animal control officer then retaliated against me and did it again, please, do not let them get by with it.  I want BL, the animal control officer REMOVED from his position!  Please help us make that happen, that will hopefully help other animals.

    What do you get out of helping me??  Well, for one, I am mad as heck and I will be lobbying for new laws, yeah, everyone says that will never happen, that is probably what they said about Ambers Law, etc.  I will fight for it until it happens.  Secondly, IF we win this lawsuit for what we are asking we will be putting up a fund to help those wrongly affected by CPS, Animal Control, or the liking to be able to fight back and sue.  In my opinion that is what is wrong with this country, no one can financially fight it or they are too scared due to retaliation, I mean, seriously, I stood my ground, now I am facing criminal charges because of it.  Let my present not be your future.  Please donate anything you can, please share this page, please get the word out.  Please for the love of the animals of this world, do something to help us stop it.

    Thank you from the bottom of our hearts,
    Samantha, Randell, Josh, Candace and Parker
    And all our fur and feathered babies

    Please Share Middle Campaign To Help Raise The Majority Of The Money, Please Use Chipin Or Pay Pal On The Campaign So I Can Get The Funds Quicker To The Attorney


    RELATED LINKS

    Cats Seized In 2011        The Lee's Home

    Take Back Our Country        The Media Coverage