[ SHOWGSD-L ] Fw: Re: LONG: This COULD happen to you
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Sun, 2 Mar 2008 20:47:04 -0500
This was from one of the lists... its long, but well worth the read. This
is not an isolated incident. More and more of this is happening in U.S.
cities because of emboldened authorities who use ambiguous
constitutional-right-trampling ordinances to seize "under color of law."
This is similar to the Pinellas County situation where AC broke in while
the woman was at a bird mart and took all her animals. She fought and
won, but at a terrific cost, both financially and with some of her birds'
lives (that did not survive captivity at the AC's). This is brownshirt
gestapo tactics and MUST BE STOPPED.
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Below is an email from a long time friend of
mine who has English Setters and does a bit here and there of
handling. Bob has been extremely active in All Setter Rescue for a
long time - even before it was consider a problem. A bit of
background before you read his email .. about 18 months ago, Bob and
Melissa (who he's lived with forever), purchased the house next door
to their's. More as a tax deduction as their house had been paid off
some years before. At some point in time, the City of Littleton
changed the number of MAMMALS (to include dogs, cats, gerbils, etc.)
on one property and didn't grandfather Bob in. So with the purchase
of the house next door, Littleton just freaked out a bit and then
revised the law again stipulating if you owned two properties within
the city limits the maximum was to still be THREE. So they started
hasseling Bob and he kept on his normal low key way of dealing with
it, but knew he had to purchase property away from the metro area.
He would have been out earlier, but it is a bit hard to get fencing
up in the winters around here. So from here, you can read Bob's
email:
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*
Hi All,
Thought that I better touch base and let you know that I am still out
here and, as yet, not in jail (but of course working on it).
As you know, Littleton broke into both of my houses in Littleton on
February 15, 2008, after making sure that I was not there, and took
one adult dog out of one and three adult dogs and four 9 week puppies
out of the other. Bashed the front door in with a battering ram used
for drug raids, to get at the one dog, and broke into a back door on
the other house and then broke blinds, screens, etc., in order to
hand the dogs and puppies out through the window of the second
house. All this with four police cars, at least six patrolmen, two
animal control trucks (Littleton only has one), animal control
officers. As told me by my neighbors, there were zoning and other
people, while my neighbors watched in horror as to what was happening.
I need to note again here that there are no known complaints about me
and/or my dogs, or number of dogs, from my neighbors.
The day before, I finally told the city that I had the place out at
Strasburg (actually said that it was 60 miles away as they wanted the
complete address) and that all dogs would be moved out there by
Monday night February 18th. This appeared to be okay with them and a
meeting was set up for 10 am Tuesday, February 19th. with animal
control to verify. That was my mistake because I allege that they
then went back to City Hall and laid out the plans for the raid the
next day. The Court then called an emergency hearing for Friday
morning and left a phone message for me to attend, knowing full well
I would be at the Denver shows. When I did not show up as directed, I
was declared a fugitive and they proceeded with their raid.
They actually staked out my house (according to one neighbor on the
corner where they saw their car parked) and waiting until they saw me
leave with three dogs to go to the show that day. They had verified
the day before that I was going to be at the shows all four days.
After I left, they attempted entry, and then went back to the judge
for a forcible entry warrant, which they exercised about 4 pm that
afternoon. Quite a show and very upsetting for my neighbors who
witnessed it.
Melissa came to the house about 6 pm to check on the pups as I was
still at the show (going Best Brace in Show with two of my
mistreated, neglected and abused 8-1/2 year old English setters; Pig
& Joe). I can only imaging her horror finding the houses broken into
and the dogs and puppies gone. Freaked her out and she could not
reach me because my cell was off at the show. She caught up with me
at the show just after I had finished getting my show photos shot.
The paperwork that she found at the houses demanded that I bring to
the city the 3 dogs that I had taken to the show. Of course they
expected I would do this immediately but instead they went home with
me to Strasburg. The paperwork they left also had the judge's orders
that the dogs taken (plus the three at the show) were not to be
returned to me, my agents, or anyone that might be suspected of being
a straw buyer/adopter for me.
The shelter where they were taken is the same one that was in trouble
last fall with the State Attorney General. It cannot and allegedly
has not passed minimum state standards (PACFA) for a number of
years. It was here that the city felt that the dogs seized would be
safer than with me even though the city had canceled their contract
with the shelter last fall Almost all other public contracts with
this shelter have been canceled. It should be noted here that the
animal control officer for Littleton, used to work for Colorado
Humane Society, and before that worked 11 years in animal control in
San Diego, California.
Try finding a criminal defense attorney (especially a good one) on a
Friday night before a three day holiday. Also note that this raid
was done late on a Friday afternoon before a 3 day Holiday where no
City Offices would be open until Tuesday.
I was fortunate and well taken care of by friends in the rescue side
of the dogs, and by 9:30 am Saturday morning I was talking to my lead
attorney on the phone. I met with both of my attorneys at the show
on Sunday. They prepared the Emergency Motion On Illegal Seizure Of
Property that I believe I sent to you last week. They also contacted
the shelter where the dogs had gone. By Tuesday morning, all
involved city departments and the shelter were put on notice that we
were coming. My lead attorney, Susan Martin, came highly recommended
by the prosecutors and others in the Denver District Attorney's
office.
We could not tell if an arrest warrant had actually been issued, so I
started staying out at the Strasburg house Friday night and each
night since.
To make this short, we ended up getting a 3 pm emergency court
hearing on Friday, February 22 with the city. Our priorities were to
get the dogs back; then keep me out of jail; then deal with the
charges, etc., and then get mad. When they offered to return the
dogs in pre-hearing negotiating, we jumped at it. As a consequence,
I had to agree to a number of outrageous terms including; 3 year
deferred jail time, up to $3,000 in fines, $1,000 board and care
costs on the dogs, 3 years unannounced access to my houses and I
cannot be caught with a dog anywhere within the city limits (not even
my vet's office). Also required a professional inspection of my
Strasburg place, and that I must plead guilty to all charges brought
against me. Hell of a price to pay to get my dogs back, but the only
way, as they were holding them ransom so that my motion against them
would not see the light of day in their court. Then for good
measure, they added a number of additional charges/violations (mostly
bogus) against my properties based on everything from the city codes
to the International Property Maintenance Code (?). Most all of
these violations are unspecified and are for failure to remove
outdoor storage and rubbish, and failure to maintain plumbing, a
clean and sanitary structure and maintain interior surfaces. We
begin the fight on these tomorrow morning at 10:30 am. They have
been inspecting both houses in Littleton since September 6, 2006 and
now bring these additional charges. In my opinion, these charges are
being brought in reaction to my bringing an attorney to the table, as
this has happened before.
I emphasize, that no abuse, neglect, or cruelty charges have ever
been brought against me, none at all, in the previous years of
ongoing inspections. These claims were used by the city to justify
their seizing of my dogs for their own health and safety. However,
if they thought that they could prove such charges, I am sure that
they would not hesitate in bringing them forward. That should say
something for their strength, or lack of strength in their case and
arguments against me.
The important thing is that I do have the pups and dogs back and I am
not in jail. Pups and dogs are doing good, primarily because they
were a good healthy state when seized. The puppies were down
considerably in weight and body tone, and dehydrated, but they have
responded well since I got them back Friday night. All were over
medicated, including shots, if the reports that I was given on them
are correct. The adults received DVM care, but the puppies were not
seen by a vet. The report is dated February 22nd., the day they were
released to my agents. The puppies were kept at Mary Warren's house
in Conifer {SALLY: GOOGLE Mary Warren & Colorado Humane Society} If
we can get to next Monday or so without anyone getting sick, we
should be okay on the short term as far as catching something from
the shelter and captivity.
Over 45 people attended the hearing last Friday in support of me
against the city. Someone started passing the hat for financial
help, and $865 was collected. All sides of the dog game
(showing/breeding, rescue, and welfare) were represented. This was
put together in less than 40 hours notice.
Channel 7 news video team showed up and videoed after the hearing in
the court lobby and at the location where I met with the recovered
pups and dogs. I was not allowed to go to the shelter to claim them;
only my attorneys, Melissa and other supporters to help with getting
the dogs and transporting them to where they would meet up with me
and the press. The bill to have them released was $1,100. My attorney
had to call the Englewood police (two cars) to come out and enforce
the court order to release the dogs to her. She also has filed
assault charges against Mary Warren's husband, Bob, and other charges
against Mary, with the cities of Englewood and Littleton, Arapahoe
County, and the state attorney's office. She was pissed.
Sadly, it's not over yet, but at least I have the dogs back, and I am
not in jail. Littleton has started damage control with a press
release, but is still having to answer to complaints from citizens
and non-citizens. It has been given to all the major TV stations in
Denver but so far has not been aired that I know of. It is coast to
coast on the Internet and is getting put into dog related
publications' web sites. A defense fund is being set up to help
defray my legal expenses, something that was recommended by those in
attendance at the hearing.
My cell phone does not work well out here in the country, and of
course I am not around Littleton much anymore except to begin moving
from the residences there to here. The best number now to reach me
at (after trying my cell) is 303-622-4488, and of course by email.
Sorry about the length of this.
Sincerely,
Bob
AND THIS IS FROM AN EMAIL THAT BOB SENT TO ME THIS MORNING ...
After the dogs were seized 2/15, I made the decision that I had to
just go really public about what has been going in Littleton the past
18 plus months. I hoped for some reaction and support, but never
expected or fore saw how this has taken off and all of the support
offered. To walk in that packed court room on the 22nd really blew
me away, and I felt bad that I was having to plea bargain such a bad
deal just to get my pups back. Susan (my lead attorney) and I had
decided at our first meeting the priorities were, first to get the
pups/dogs back or at least safe; second to keep me out of jail; third
to rectify/overturn/correct what had been coming down; and fourth,
get angry and revenge. We did not really believe that we could get
the kids, but thought keeping me out of jail was possible. Appeal to
higher court would have to take care of #3, and #4 would have to been
in civil court and the arena of public outrage toward Littleton and
the Littleton Municipal Court.
Susan & Ruthann put together an excellent 17 page motion and off to
races we went. When Katz (the short prosecutor) offered return of
the kids, I felt that I had no choice to but bargain to that end,
whatever it would cost me. Thus we both won; I got my kids back and
Katz could continue to exact his revenge on my head and succeed in
his original goal of running me out of town. So I am still Littleton
Public Enemy Number Uno, but the pups and adults seized, plus the
rest of my beasts are safe in Strasburg (often referred to
as "Defoe") for at least the time being.
Now, without Katz being able to hold my kids for ransom, Susan,
Ruthann, Melissa, and I can get mad. It is now my turn, but it is
going to costly emotionally and financially. Katz has now moved
toward condemning my two houses in Littleton, and, as of yesterday,
filed charges against Melissa who now has a court date 3/12 to answer
the charges revolving around 6519 {SALLY: for trash on the lawn!}
I am due back in court 3/26 I believe.
Enough of the soapbox. Thanks for your help and support. This
should be interesting, but it is needed to protect us all. If they
can come after me this way, they can go after anyone in dogs.
[Non-text portions of this message have been removed]
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Ginger Cleary
Abusus non tollit usum.
Rome, GA http://www.rihadin.com/
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director Responsible Dog Owners of the Eastern States.
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