MO: Teddy Kiriakidis, 3 Others, Sentenced in Largest Dog Fighting Raid in U.S. History

MO: Teddy Kiriakidis, 3 Others, Sentenced in Largest Dog Fighting Raid in U.S. History

By Pete Kotz in Animal Cruelty

Thursday, Dec. 10 2009 @ 6:00AM

In July, a raid by federal agents in seven states broke what they believed to be the largest dog-fighting ring in U.S. history. More than 500 dogs were seized and 26 people busted. The ring spread across Missouri, Iowa, Illinois, Mississippi, Oklahoma, Nebraska and Texas.

Now four of its leaders have been sentenced to prison in Missouri. Teddy Kiriakidis, 50, of Leasburg, and Ronald Creach, 34, of Leslie, were each given 18 months in the slam. Michael Morgan, 38, of Hannibal and 56-year-old Robert Hackman of Foley were given a year. They all had pleaded guilt to conspiracy.

Of the 500 dogs seized, 180 had to be put down due to the severity of their injuries.

Source: http://www.truecrimereport.com/2009/12/teddy_kiriakidis_3_others_sent.php

CA: Chihuahuas crowding California shelters

CA: Chihuahuas crowding California shelters
State’s centers overrun by the little yappers; experts blame pop culture
Dec. 11: Animal shelters in California are reporting a glut of abandoned Chihuahuas, leaving officials scrambling to find homes for all the tiny dogs. NBC’s George Lewis reports.
updated 4:58 p.m. PT, Thurs., Dec . 10, 2009

LOS ANGELES - California has more Chihuahuas than it can handle, and it has Hollywood to blame.

There are so many Chihuahuas at shelters in Oakland, they have started shipping the dogs out of state, said Megan Webb, director of Oakland Animal Services. They have sent about 100 to Washington, Oregon and Arizona, she said, “and as soon as they get them, they are ready for new ones.”

Chihuahuas make up 30 percent or more of the dog populations at many California shelters. And experts say pop culture is to blame, with fans imitating Chihuahua-toting celebrities like Paris Hilton and Miley Cyrus, then abandoning the dogs.

The problem appears to be specific to California — shelters elsewhere would love to share the wealth, said Gail Buchwald, senior vice president overseeing the ASPCA adoption center in New York City.  “We never have enough supply for the huge consumer demand for small dogs,” she said.

One of Webb’s biggest problems is a lack of money to fly the dogs to other states. Buchwald said she would be happy to help.  “Nothing is outside the realm of possibility here. We have a supply-demand issue,” she said.

Chihuahuas are the most popular breed of dog in Los Angeles, so it makes sense it is the most abandoned breed, said Madeline Bernstein, president of the Society for the Prevention of Cruelty to Animals Los Angeles. In Oakland, some days, they get 10 of the 5-pound dogs a day, Webb said.

The problem is so bad that shelters all over California that were built for big dogs had to remodel to accommodate the little guys.

Among the reasons for the glut is the breed’s popularity in movies like “Beverly Hills Chihuahua” and as celebrity pets, said Dave Frangipane, senior coordinator for Chihuahua Rescue of Beverly Hills. A cute puppy can grow up to have adult health problems or become protective and aggressive.

We asked some pet experts to give us the lowdown on what’s true and what’s not when it comes to dog and cat behavior and care.

There are less glamorous reasons, too, like the high vet bills Chihuahuas can bring. And the biggest spikes in California Chihuahua populations are probably due to puppy mills and backyard breeders, Buchwald and Frangipane said.

Chihuahuas are cute, but vulnerable, Frangipane said. “People think nothing of kicking a small, yappy dog. And they can be abused by people of all sizes. A toddler can snap a Chihuahua’s leg in a second,” he said.

Source: http://www.msnbc.msn.com/id/34352750/ns/health-pet_health/

NM dog-fighting case dismissed against brothers

NM dog-fighting case dismissed against brothers
Posted at: 11/13/2009 8:36 AM
By: The Associated Press

LAS CRUCES, N.M. (AP) - A judge has dismissed all charges against twin brothers who were accused of running a dogfighting breeding operation in Chaparral.  Tuesday's order by state District Judge Lisa Schultz dropped 50 combined counts of dog fighting, animal cruelty and conspiracy against Daron and Duryea Scott of El Paso, Texas.

Since the charges were dismissed with prejudice, prosecutors cannot refile the case.  The dismissal came after the state Court of Appeals in September upheld an earlier district court ruling throwing out all evidence in the case.
Chief Deputy District Attorney Susan Riedel says that without the evidence - including the dogs and photographs - there is no case.
(Copyright 2009 by The Associated Press. All Rights Reserved.)

Source: http://www.kob.com/article/stories/S1251187.shtml?cat=504

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Scott brothers getting dogs back
By Diana M. Alba Sun-News reporter
Posted: 12/14/2009 12:00:00 AM MST


LAS CRUCES -- Pit bulls seized more than two years ago from twin brothers Daron and Duryea Scott of El Paso will be returned to them over the next two weeks, said the Doña Ana County-Las Cruces animal shelter director last week.  Of the 18 dogs housed at the Animal Services Center of the Mesilla Valley, 10 are scheduled to be picked up by the Scotts on Tuesday, shelter director Beth Vesco-Mock said late Friday. They'll get the remaining animals a week later, she said.

Charges that the Scotts had used the animals for dog fighting were dropped last month, after the New Mexico Court of Appeals upheld a district court ruling that a search warrant had been obtained improperly. As a result, the evidence seized in the case remained suppressed in the case.  District Judge Lisa Schultz on Nov. 10 ordered that the state return the dogs within 30 days.

Apparently up until mid-afternoon Friday, when the dogs would be returned was still up in the air.

Deputy District Attorney Susan Riedel said a condition on the court order was that the animals be returned only when the Scotts could show they wouldn't be violating any ordinances by possessing the dogs. For instance, she said, the city of Las Cruces and Do-a Ana County restrict the total number of animals a person can have.

But Riedel said sheriff's department investigator Robyn Gojkovich, who's handling the release of the dogs, hadn't heard from the Scotts until Friday. She said the owner of seized property is responsible for claiming it, once a case is over.   "I think everybody is trying to work together to make sure these animals are properly cared for," she said. "Returning evidence that's a live animal is not as easy as returning evidence that's a bunch of papers."

Around 1 p.m. the same day, Jose Coronado of Las Cruces, attorney for Duryea Scott, said he wasn't certain how long it might take before the animals were transferred. He said the delay stemmed from "some issue with coordinating the right people to meet -- Robyn Gojkovich to meet with the Scotts."  In addition to the dogs, Coronado said investigators also must return documents taken from the Scotts' homes.

The animals were initially seized from four properties, two in El Paso and two in Chaparral, in August 2007. The Scotts have maintained the dogs were part of a show dog breeding operation.  Vesco-Mock said the 18 dogs, being housed one per cage because of their aggressiveness toward other dogs, have been taking up valuable shelter space. News that the animals are being returned is welcome, she said.  "It will do a lot; it will open up 18 runs for us to house more adoptable animals," she said. "It helps out greatly."

Authorities are keeping about a dozen dogs from the case at an undisclosed location.

The Scotts in August filed a lawsuit against county officials and prosecutors contending their civil rights were violated because a number of their dogs have been lost or mistakenly killed while in the custody of law enforcement, which is documented in a police report. In the complaint, they contend just 17 of the 57 dogs seized remain in the county's custody.  The lawsuit was filed in state court, but it has since been moved to federal court.

Source: http://www.lcsun-news.com/las_cruces-news/ci_13992024

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El Paso brothers pick up pit bulls
By Ashley Meeks Sun-News reporter
Posted: 12/16/2009 12:00:00 AM MST

LAS CRUCES - As scheduled, Daron and Duryea Scott began picking up the pit bulls seized from them more than two years ago, said county animal control director Curtis Childress.  The El Paso twins picked up 12 of their 17 dogs from the Animal Services Center of the Mesilla Valley on Tuesday, all of which shelter director Beth Vesco-Mock said "were in very good health when they left."

"They claimed they didn't own five of them," Childress said. "They were their dogs, but the problem of it is, we've had the dogs for three years. Some of the dogs were puppies, so they obviously look different and I'm not going to stand around and debate with them whether or not they're their dogs or not."

The Scott brothers told authorities the dogs would be going to Virginia, Houston, El Paso and Mexico, Childress said.

The remaining dogs will be spayed or neutered if they are able to be adopted out, Vesco-Mock said.  "We will hopefully, maybe be able to adopt them out," she said. "They're very shy. They came in as puppies and they're very, very shy, so we're going to hopefully be able to find them a home."

Charges that the Scotts had used the animals for dog fighting were dropped last month, after the New Mexico Court of Appeals ruled the search warrant had been obtained improperly, and District Judge Lisa Schultz on Nov. 10 ordered that the state return the dogs within 30 days.  The Scotts have maintained the dogs were part of a show dog breeding operation.

A condition on the court order was that the animals be returned only when the Scotts could show they wouldn't be violating any ordinances by possessing the dogs.  Their eight remaining dogs will be returned next Tuesday at 1 p.m., Childress said.

Ashley Meeks can be reached at ameeks@lcsun-news.com; (575) 541-5462.

Source: http://www.lcsun-news.com/las_cruces-news/ci_14006568

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Group to protest dogs' return to owners
By Diana M. Alba Sun-News reporter
Posted: 12/22/2009 12:00:00 AM MST

LAS CRUCES - A group of animal welfare advocates plan to hold a demonstration in front of the Do a Ana County-Las Cruces animal shelter today as twin brothers Daron and Duryea Scott of El Paso pick up the remainder of their pit bulls.  Michel Meunier, who helped organize the event, said the group will hold signs directed to the Scotts and to the public at large.

"It's geared toward (the Scotts) because they're taking and removing these dogs that have been at the shelter for years," she said. "Some have gone literally kennel crazy, a lot of them are very dog-aggressive, and it's geared toward them in the sense that we may be holding signs saying, 'Please don't send them back to dogfighters' or things like that."

The Scotts were charged with dog fighting, but the case was dismissed after the New Mexico Court of Appeals ruled the search warrant used to obtain evidence against them had been obtained improperly. The twins have maintained the dogs weren't involved in a fight dog breeding operation.  The demonstration is slated to begin at 12:30 p.m., while the Scotts are slated to pick up the dogs around 1 p.m.

Do a Ana County authorities believe about 12 dogs belonging to the Scotts remain, said Curtis Childress, animal control supervisor for the county. But he said the Scotts contend they don't own three of those animals.

Meunier said she doesn't know how many people will participate in the demonstration, but likely at least five to 10 will show up. She said participants will be "independent no-kill advocates." She said they'll be careful not to violate any rules, such as blocking access to the shelter.  The event, Meunier said, is also aimed at raising awareness about the plight of pit bulls across the country, and the "consequences of dogfighting and ill-breeding, especially in this type of dog."

"Millions of pit bulls are neglected, abused and put down in shelters," she said. "Some shelters have a total no-pit bull policy. They see a pit bull and kill it immediately, without assessing the dog individually, just because of the prejudice against the breed."  Meunier said the Animal Services Center of the Mesilla Valley doesn't have such a policy.

Animal shelter director Beth Vesco-Mock said Monday she'd heard about the plan for a protest but declined to comment about it.  Vesco-Mock said she's been told that 12 of the Scotts' dogs will be brought to the shelter from foster families and from a county holding facility.

Childress has said the Scotts have indicated they'll first take their dogs to El Paso, but could send them to other cities after that. Childress said there's no limit on the number of dogs residents in El Paso can possess, unlike in Do a Ana County.  "Once we turn the dogs over to them, what they do with the dogs after that is up to them," he said.

A week ago, the Scotts picked up the first of their dogs - 12 in total. But they denied ownership of another five animals. The fate of the five dogs remained uncertain.

Meunier said demonstrators also want to advocate on behalf of the five dogs, to make sure they're given the best chance at survival.  "We ask that they be evaluated by a trained professional behaviorist before being put down and given a chance at rescue," she said.

Vesco-Mock said county animal control officers removed the five dogs from the shelter Monday morning.

Childress said that was done to make more room for the additional dogs that will be transferred to the Scotts today. He said animal control will seek a disposition from the court about the dogs, and "hopefully then we'll be able to do something with them."  "Probably, first thing done is we need to do an assessment to find out if they're adoptable or not," he said. "If it shows they're adoptable, we may be able to find homes for them. If it shows they're not adoptable, they may be euthanized."

The dogs have been in the custody of authorities since August 2007, when they were seized from two Chaparral properties and the Scotts' two El Paso homes.

Diana M. Alba can be reached at dalba@lcsun-news.com; (575) 541-5443.

On the Web: Animal Services Center of the Mesilla Valley: www.ascmv.org

Source: http://www.lcsun-news.com/las_cruces-news/ci_14046793

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Scott brothers raise hackles in shelter crowd
By Ashley Meeks Sun-News reporter
Posted: 12/23/2009 12:00:00 AM MST

LAS CRUCES -- Four pit bulls, one court injunction and more than 20 demonstrators awaited Daron and Duryea Scott on Tuesday at the Animal Services Center of the Mesilla Valley. 

The El Paso twins left with four of their dogs; relinquished three; allowed one dog, "Bruno," to remain with its foster home; and were prohibited from taking five others by court order, said county Animal Control Supervisor Curtis Childress. The court injunction, filed by Daron Scott's former employer, the Gadsden Independent School District, claims five of the dogs in lieu of a debt of $20,000 in legal bills incurred after the former teacher's contract was not renewed, Childress said.  "These dogs have been seized," Childress said.

Dozens of pit bulls were seized from the Scotts almost two and a half years ago as part of an investigation into dog fighting charges. Those charges were dropped last month after the New Mexico Court of Appeals ruled the search warrant in the case had been obtained improperly. The Scotts have maintained the dogs were part of a show dog breeding operation.

On Tuesday, the brothers refused to speak with news media or answer questions about the dogs' future from protesters carrying signs, asking "Have you no shame?" and proclaiming "Animal abusers are losers." Some stood quietly -- others shouted accusations of "murderer."

Marilyn Grayson of Las Cruces held a sign urging, "Don't let them get off Scott (sic) free" on one side and a picture of her own pit bull, Ariel, on the other.  "They let the Scott brothers get off," Grayson said. Pit bulls, she said, "are loving, caring dogs and the Scott brothers should take care of them like that."  Grayson said it was "disgraceful" that the brothers were able to get their dogs back.

Michel Meunier carried a sign spelling out "Pitiful Innocent Tortured Souls" and calling the dogs "one of God's most abused creatures."  "We're here for two reasons: To implore the Scotts, the past is past, the dogs are legally theirs, but not to take them elsewhere," Meunier said, adding that the out-of-state locations the dogs are reported to be destined for will result in "further abuse." She continued, "It would be nice if they found appropriate placement for them."

Last week, the Scotts picked up 12 dogs and denied they were the owners of five others at the shelter, which were transported from the shelter by county animal control officers Monday, said shelter director Dr. Beth Vesco-Mock.

Childress said the five dogs covered under Tuesday's injunction will be assessed for adoption and any fees from that process would go against the judgment.  "At least we got them to donate one dog," Childress said. "They were at least considering some of the dogs that had been raised with a family, allowing them to stay there. There's one family out there that's going to be happy, that's going to be able to keep its dog."

The court order gave one of the affected dogs' foster families a glimmer of hope, said Do-a Ana County sheriff's investigator Bo Nevarez and his wife, Antoinette Nevarez, who have been raising Billie Jean since 2007.  "That's the best Christmas gift I got, being able to keep my dog," said Antoinette Nevarez. "I was crying when they told me they wouldn't take them back (on Tuesday), I was just ecstatic. I was crying, because that's my baby. I raised her as a puppy and she's a beautiful dog. She's not mean."

The Nevarezes keep two teacup Chihuahuas inside and a Rottweiler and a German shepherd outside, she said. Billie Jean, she said, is affectionate with all of them.  "That was my biggest concern. She was not raised to be a mean dog at all," she said. "This is my best Christmas ever, just being able to keep her."

Ashley Meeks can be reached at ameeks@lcsun-news.com; (575) 541-5462.

Source: http://www.lcsun-news.com/las_cruces-news/ci_14054140

NY: ASPCA puts down abused NY dog after saying rehab failed and despite pleas from dog lovers

ASPCA puts down abused NY dog after saying rehab failed and despite pleas from dog lovers
By Cristian Salazar, AP
November 13th, 2009

NY dog euthanized despite pleas from dog lovers

NEW YORK — A dog that survived being thrown off the roof of a six-story Brooklyn building this summer has been euthanized, despite pleas from animal activists to spare her life.

The American Society for the Prevention of Cruelty to Animals says the 1-year-old brown-and-white pit bull mix named Oreo was euthanized Friday. The ASPCA said that after working for months to rehabilitate Oreo, it determined she was too dangerous to ever be placed in a home or to live among other dogs. The decision sparked outrage among animal activists.

Authorities say Oreo suffered two broken legs when she was thrown off the roof June 18. Nineteen-year-old Fabian Henderson pleaded guilty to aggravated cruelty to animals and is to be sentenced. Neither he nor his attorney could be immediately reached for comment.

Source

CA: California cities act to ban cat declawing

California cities act to ban cat declawing
L.A. is among those rushing to prohibit the practice before a state law backed by a group of vets says they can't.
By Maria L. La Ganga and Anne Colby
November 7, 2009

Reporting from San Francisco and Beverly Hills - The law of unintended consequences has seldom been more clearly illustrated than by the catfight unfolding from San Francisco to Los Angeles.

Veterinarians who did not want cities meddling in their business persuaded the state Legislature to bar local governments from banning the practice of declawing cats -- beginning in 2010.

Not wanting to be pushed around themselves, nearly half a dozen cities are rushing to prohibit the controversial procedure before the January deadline, striking a blow for rights both animal and municipal.

This week alone, the score was Cities 3, Vets 0.

The Los Angeles City Council voted 11 to 0 on Friday to ban declawing. Beverly Hills voted 5 to 0 on Thursday, and the San Francisco Board of Supervisors voted 9 to 2 on Tuesday. The cities must finalize their votes in coming weeks.

In the process, city council chambers have rung with testimony about "litter box avoidance" and kitty press-on nails, knuckle amputation and bullying big government.

Just listen to John A. Mirisch of Beverly Hills, where the council voted to ban onychectomy and flexor tendonectomy within its city limits unless the procedures are medically necessary.  "Onychectomy, commonly known as declawing, is the practice of amputating a cat's first paw joints, including the claw at the first knuckle," said Mirisch, the councilman who introduced the measure. "Indeed, I find this practice to be a prima facie instance of animal cruelty, and I don't need Big Brother in Sacramento or a veterinary board to tell me otherwise."

Mirisch's sentiments were echoed at the Los Angeles City Council meeting by Paul Koretz, who co-sponsored the Los Angeles motion: "I don't think we should allow people at the state level to dictate to us our local actions."

The Santa Monica City Council voted 6 to 1 in favor of a ban on Oct. 27. Such a prohibition is scheduled for a vote in Berkeley on Nov. 10. Malibu stopped short of banning the procedure but is working on a measure signaling its opposition.

Jennifer Conrad, founder of the Paw Project, which seeks an end to declawing, said California is at the forefront nationwide in banning the procedure. It has been prohibited or condemned in a number of European countries.

About the only thing both sides in the declawing controversy agree on is what the procedure entails: Using a scalpel, clippers or a laser, a veterinarian cuts off the last bone on each toe on a cat's feet.  "Because each digit is amputated through the joint, this procedure is painful and requires the appropriate treatment of pain before, during and after the procedure," according to the American College of Veterinary Surgeons' website.

Said Koretz, the Los Angeles councilman: "It is an amputation. . . . It often leaves cats crippled and in pain for the rest of their lives."  Such pain, he said, can cause cats to avoid their litter boxes because it hurts them to dig. As a result, they often are sent to shelters by frustrated owners.

But the California Veterinary Medical Assn. said that with modern medical techniques -- especially laser surgery -- and appropriate pain management, cats are often up and walking shortly after awakening from anesthesia.  "If it comes down to a cat being euthanized, losing its home or losing its claws," said association president Mark Nunez, "being euthanized or losing its home is a worse outcome."

Californians can thank -- or blame, depending on their perspective -- a Persian cat named Alexis Carrington for all the fuss.  Alexis, named after the "Dynasty" character, belonged to West Hollywood City Councilman John Duran, who had her declawed "because I didn't want my furniture ruined."  It seemed like a good idea, he said, but "I had no idea what I had actually done to my cat."  Six years ago, Hernan Molina, his City Hall deputy and an "avid cat person," explained the procedure and asked Duran to push for a ban in their small city.

In 2003, West Hollywood became the first city in America to ban declawing, spurred in part by Duran's "guilt and remorse" over Alexis' missing toes.  "Cats have claws and fangs for protection from hunting. Dogs bark because they're pack animals. Birds fly," Duran said in a recent interview.  "Why would we want to debark a dog, declaw a cat or clip the wings of a bird? But then, I'm a lefty."

The California Veterinary Medical Assn. took West Hollywood to court to overturn the ban, which was eventually upheld.

This summer, the Legislature passed Senate Bill 762, a law pushed by the veterinarians association to stop cities and counties from regulating the practice of health professionals.

In letters to Santa Monica and San Francisco officials, the association said, "The decision to declaw a cat should remain between the owner in consultation with his, or her, veterinarian on a case-by-case basis."

Veterinary association officials believe that there are times when "declawing may be the only option for a cat owner" and that it should be a "last resort" for destructive cats.

But on Thursday night, a past president of the group told the Beverly Hills City Council that he had second thoughts about his organization's efforts on behalf of SB 762.  "I regret it," said William A. Grant II, a second-generation Orange County veterinarian. "Because it's now forcing a lot of local communities to make decisions in a very short time frame that I think are uninformed decisions."

maria.laganga@latimes.com
anne.colby@latimes.com
Times staff writer Maeve Reston contributed to this report.

Source

MT: Linda Kapsa pleads 'no contest' to aggravated animal cruelty charges

Linda Kapsa pleads 'no contest' to aggravated animal cruelty charges
JAN FALSTAD Of The Gazette Staff | Posted: Thursday, July 9, 2009 10:15 am 

Days before her trial was scheduled to begin, Linda Kapsa pleaded no contest Thursday to one felony count of aggravated animal cruelty for hoarding dogs and other animals at her Ballantine home.

Appearing before District Court Judge Susan Watters, Kapsa accepted a plea agreement that limits her to owning six neutered companion dogs and imposes a maximum 20-year suspended sentence supervised by the Montana Department of Public Health and Human Services.  Watters will set the final conditions during a sentencing hearing, after the Department of Corrections conducts a pre-sentence investigation, which usually takes six to eight weeks. A sentencing date has not been set.

Kapsa was charged with neglecting more than 200 dogs, 27 chickens, 10 cockatiels and three cats by not providing adequate medical care, food or shelter. Remains of two dozen other dogs were removed from Kapsa's Shady Lane Kennels, at 2315 S. 14th Road in Ballantine, during raids on Dec. 11 and Dec. 30.

Under the negotiated plea, Kapsa agreed to surrender the estimated 20 dogs and puppies she now keeps at her 10-acre property. The animals escaped seizure in December and have been breeding.

The plea deal limits Kapsa to a maximum of 40 chickens, 20 goats, eight horses, three neutered cats and two cockatiels. She also agreed to allow state officials to visit her property without obtaining a search warrant or giving notice.  However, under the agreement, Kapsa's attorneys can still ask Watters to allow her keep up to 20 non-neutered dogs.  Yellowstone County Attorney Dennis Paxinos said once Watters sets the limits on animals, if Kapsa breaks those rules over the next 20 years, she could go to prison.

"We were hoping we could stop the breeding. We have given her some companion dogs, and we are giving the other dogs happier homes to go to and we are stopping the taxpayers from having to fund this," Paxinos said.

In December, county officials seized 189 dogs from Kapsa. About 100 regular volunteers are helping to care for the mostly English shepherd dogs at the MetraPark fairgrounds.  "With the ones that are born in our custody, I believe we now have 227 dogs, three cats, 10 cockatiels and 11 chickens," said Yellowstone County Animal Control Officer John Fleming.

Because the dogs were evidence in Kapsa's court case, no animals could be adopted. The bills mounted quickly.   Since January, the cost of caring for the animals has topped $157,433, according to the county. That has been offset by at least $43,331 in cash donations, along with donations of food and other supplies.

In addition, other Yellowstone County animal complaints have been getting less attention this year because one of the county's two animal control officers has had to work full time on the Kapsa dogs.  "Now we can get back on the streets and serve the public at 100 percent," Fleming said

Kapsa was charged with two felony counts of animal cruelty and four related misdemeanors. She agreed to plead no contest on one felony count. The other charges will be dismissed.

Last month, Watters heard two days of testimony about whether Kapsa was mentally incompetent to stand trial, as her attorneys argued.  Billings forensic psychologist Dr. Michael Butz, testifying for Kapsa, said Kapsa believes she has some "special mystical powers" and a "special trust" with her animals.

On Wednesday, Watters ruled that Kapsa was competent to stand trial, and that ruling allowed Kapsa to change her plea.  During Thursday's hearing, Deputy Yellowstone County Attorney Ingrid Rosenquist read a lengthy summary of the evidence that would have been presented at Kapsa's trial.

Witnesses would have testified that Kapsa's trailer home was covered with feces and a dead dog was next to her bed. There also would have been testimony that there was inadequate food, water or shelter for the animals and that 50 of the seized 200 dogs needed immediate veterinary care. Many of the English shepherds were starving, covered with feces and infected with lice, she said.

Dave Pauli, the Western regional director for the Humane Society, would have testified that Kapsa's dogs amounted to "a small, feral colony of unsocialized animals" and that taking care of them would be a full-time job for 14 people.  "As hungry as the dogs were, they were too scared to take food out of the hands of humans," Rosenquist said.  After months of care and training, they now look like different dogs, she said, but many of them will regress unless they are with their regular handler.

Under Montana law, the maximum sentence for felony aggravated animal cruelty is two years in prison. However, because Kapsa was convicted on a felony bad-check charge within the past five years, the county attorney's office argued that she was a persistent felony offender. That cleared the way for the county attorney's office to ask Watters to impose a 20-year suspended sentence supervised by the Department of Public Health.

After the hearing, Rosenquist said she was pleased. It's a relief for everyone, including the animals," she said. 

The agreement also requires Kapsa to pay an undetermined amount of restitution. Her ability to pay will be part of the pre-sentence investigation.

Kapsa will get to choose the dogs she wants to keep. After Kapsa, the volunteers will get the next choice of the animals they have cared for since January. It could be several weeks before all the remaining dogs and other animals can be released for adoption.

Young animals probably will be adopted first because they generally aren't neutered before four to six months and can be released earlier, Fleming said. A major spay-and-neutering clinic must be scheduled for the adult animals before they can be adopted.

Paxinos urged state leaders to change the laws so that no other community has to suffer through a similar ordeal.  Negotiations over the plea agreement started last winter, and the Kapsa case has been the workload equivalent of a major homicide case for his office, he said.

The state's animal cruelty laws were written to protect the ranching community, said Paxinos, who noted that no one anticipated this level of domestic animal hoarding. The situations need separate sets of laws, he said.

"You shouldn't be allowed to have massive amounts of animals with no feeding systems or ways of cleaning up after them," he said.

Contact Jan Falstad at jfalstad@billingsgazette.com or 657-1306.

Source: http://www.billingsgazette.com/news/local/crime-and-courts/article_6816690e-6ca4-11de-a613-001cc4c002e0.html

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The nearly 300 dogs seized from Ballantine breeder are now living in 17 states  - 1 year later, Kapsa dogs doing well
KAHRIN DEINES Of the Gazette Staff
Posted: Saturday, December 26, 2009 12:00 am | No Comments Posted

When Barb Fazio first met Cheyenne, an English shepherd removed from Linda Kapsa’s Shady Lane Kennels along with close to 200 other dogs last December, the dog spent most of her time standing with her nose pressed tightly into a corner of her stall.  “It took me three months to get her to go outside,” said Fazio, one of the volunteers who helped authorities care for the animals.

The now 2-year-old Cheyenne went home with Fazio in August. Though she still often seeks to hide behind her new caretaker’s legs when others are present, she has come a long way since finding a real home. On a recent walk with Fazio, every now and then her tail would sway from side to side, and she even let strangers pet beneath her chin.  “You’d lift your hand up and it used to be she took off,” Fazio said.

It’s been a year since nearly 300 dogs and other animals were taken from the Ballantine breeder’s property, where they lived in reportedly horrific conditions. Along with the live dogs, authorities removed at least two dozen dead dogs, including puppies.

In July, Kapsa pleaded no contest to a felony charge of aggravated animal cruelty for her treatment of the dogs. Under the plea agreement, Kapsa received a 20-year suspended sentence and was required to give up all but three altered dogs.

Today, the shepherds that were seized have new homes in more than 17 states. Some, like Cheyenne, are still settling into life as domestic family pets after spending as many as eight months in legal limbo living in stalls at MetraPark and the old Moore Lane animal clinic.  “They don’t know about TVs or the fridge opening or the furnace going on in the night,” Fazio said.

An army of volunteers worked with the dogs while they were held as evidence by Yellowstone County. Many of the dogs went home with these handlers, while others were placed with people all over the country, in some cases joining families on farms and ranches where their natural talents for herding could be put to use.

“(Justice) was sent to us because he had that natural drive to work,” said Michael Bates, who raises goats in Missouri. “When the trainers were evaluating him out there he was trying to herd them.”  A pup of two months when he was rescued, Justice had fewer hurdles to overcome than many of the older dogs living on Kapsa’s 10-acre property. He was skittish for a long time, and his affection was not easy to win. But he has flourished as both a companion and working dog.

“I couldn’t have asked for a better dog if we had him built from scratch,” Bates said. “He’s dedicated when he’s out there working, but he’s just as comfortable inside, curling up next to me.”

About one third of the shepherds were placed in homes where they serve as working dogs, said Kathi Tesarz, president of the National English Shepherd Rescue, which the county asked to manage the adoption process. Another 65 were sent to foster families who could give them the extra attention they need to be ready for adoption; about 40 of these are still being fostered.  “It was the dogs that were in the survival mode out there for months, years, that have the worst trauma,” Tesarz said.

One of those dogs, formerly called Max but renamed Barry White, now lives on 26 acres in Pennsylvania with Heather Houlahan, a professional dog trainer and training coordinator for the rescue organization.  “He was the one with a necklace of (feces) and muddied pendants around his ruff that probably weighed as much as he did, and he was terrified,” Houlahan said.

Barry White, most likely 5 or 6 years old, arrived at Houlahan’s in September on the “barking bus,” a school bus NESR outfitted to carry dogs to their new homes across the country.  “When he got here, if I picked up any object larger than a paperback book he skedaddled,” Houlahan said.

Now, Barry White follows her around her small farm and helps keep the livestock in line. He spends at least three hours inside her home every evening, and when the temperatures are low he has been willing to spend the night. Petting, though, continues to frighten him.  “He has not learned that a human touch is a good thing,” Houlahan said. “He will submit to it, but he will not ask for it. And when you reach for him, he will shrink away.”  Houlahan said she will consider Barry White ready for adoption when he can more easily accept being touched.

Another dog Houlahan is fostering, Cole, came with a different set of problems. He was only about 4 weeks old at the time of the seizure, so he did not have the same mistrust for people as the older dogs. Yet, fighting for resources at Kapsa’s kennel and later at Moore Lane, had made him aggressive towards other dogs.  In Pennsylvania, Cole has made so much progress that Houlahan, who is the canine director for the Allegheny Mountain Rescue Group, expects him to one day serve as a search and rescue dog.

“It is my hope to get him placed in a home with an experienced handler who deserves a dog this good,” Houlahan said. “In my opinion, there’s the genetic lottery and he won the Powerball.”

Breaking the dogs of their bad habits and timidity has been challenging, especially for those who are not professional dog trainers. But many have found support through an online group the National English Shepherd Rescue started where those with former Kapsa dogs can share advice.  “It’s been really a key element in making this a success,” Tesarz said. “Many of these dogs had behaviors that people hadn’t worked with before and just the knowledge that you’re not alone can help.”

Still, despite the challenges, those who have adopted the dogs praised their intelligence and their resilience.  “She’s totally exceeded my expectations. Once these dogs got into homes, they just blossomed,” said Rachael Roper, a volunteer who brought home a 2-year-old dog named Shy, who is now called Skye.  “It’s just a time thing,” she said. “That’s probably the biggest thing, just patience and time.”

Contact Kahrin Deines at kdeines@billingsgazette.com or 657-1392.

Source: http://billingsgazette.com/news/local/article_6bd1d500-f1e3-11de-8d4a-001cc4c002e0.html

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SECTION (6) LINDA KAPSA, OWNER OF SHADY LANE KENNELS, SPEAKS OUT ABOUT YELLOWTSONE COUNTY SHERIFF'S DEPT VIOLENT RAID AND SEIZURE OF ANIMALS
  by MONTANA NEWS ASSOCIATION

section6

SECTION (6) LINDA KAPSA, OWNER OF SHADY LANE KENNELS, SPEAKS OUT ABOUT YELLOWSTONE COUNTY SHERIFF'S DEPT VIOLENT RAID AND SEIZURE OF ANIMALS


Editor's Note: There are (6) sections to this story. You are now watching section (6).


Stayed tuned as the Montana News exposes photos of what Linda Kapsa says was a blood bath and was done by those who were conducting the raid.


Here is a link to section (1) http://www.montanasnews.tv/articles.php?mode=view&id=13665

Here is a link to section (2) http://www.montanasnews.tv/articles.php?mode=view&id=13690

Here is a link to section (4) http://www.montanasnews.tv/articles.php?mode=view&id=13700

Here is a link to section (5) http://www.montanasnews.tv/articles.php?mode=view&id=13711

VA: State seizes 63 dogs

State seizes 63 dogs

Rescued Carroll County dogs brought to Roanoke.

By Laurence Hammack

Photos by Stephanie Klein-Davis | The Roanoke Times

Angels of Assisi volunteer Elizabeth Sweet (left) and staff member Stephanie Arriaga handle a dog carrier Saturday as a state trooper checks a list.

Crystal Wright, a professional groomer with Country Pet Grooming in Troutville, volunteers her time Saturday with Angels of Assisi where she helped groom this apricot poodle and other dogs seized from a Carroll County puppy mill.

A Boston terrier was among the dogs being transported to an undisclosed location Saturday.

A toy poodle that was seized has serious dental problems and will need all its teeth extracted.

A group of Boston terriers are carried to a clean cage while their other cage is cleaned.

A state trooper holding a clipboard stood guard at the back of a truck, which was slowly filling up with Yorkshire terriers, dachshunds, poodles, Boston terriers and schnauzers.  The dogs watched apprehensively from behind the metal grates of their carriers, which were being loaded one-by-one into the truck Saturday afternoon by volunteers at Angels of Assisi, a Roanoke animal shelter.

"Number 38," volunteer Elizabeth Sweet said as she carted a piece of canine cargo, a white Lhasa apso. "10-4," Senior Trooper Gary Chafin said, making a note on his clipboard.

The reason for all the security and record-keeping: Two days earlier, these dogs had been seized from a Carroll County business, where they were being kept in kennels so cramped and filthy that authorities decided to rescue them. All 63 dogs were taken to Angels of Assisi.  No charges have been filed against the dogs' owner, David Winesett of Hillsville.

After consulting with the state veterinarian, Virginia State Police took custody of the animals under an impoundment law. "The conditions were such that they warranted removing the 63 dogs," said Sgt. Michael Conroy, a state police spokesman.

Animal welfare groups said that abuses are all too common among unregulated dog breeders and sellers, also known as puppy mills.  "This is probably one of hundreds of operations in Virginia alone," said Richard Samuels, president of the Virginia Animal Fighting Task Force. "If they go unmonitored, this is what they can turn into." Samuels said his group received an e-mail tip about Winesett's operation, which they forwarded to state police.

In the coming days, police will consult with the Carroll County commonwealth's attorney about the possibility of bringing criminal charges, Conroy said. Meanwhile, a civil hearing will be held in General District Court within the next 10 days to determine where the dogs will be placed. Winesett could not be reached for comment Saturday.

Not long after police arrived at Winesett's business, Angels of Assisi was called in to help.  Within hours, the nonprofit organization mobilized what volunteer Lisa O'Neill called its "puppy mill rescue" operation. A truck loaded with medical supplies and crates was sent to the scene. It returned to Angel of Assisi's Roanoke clinic late Thursday afternoon, full of dogs that needed immediate attention.

Although there were no life-threatening injuries, many of the dogs were suffering from damaged nails, decayed teeth and infected ears and paws -- likely the result of living in cramped and dirty quarters, O'Neill said.  And all of them were filthy, their fur matted with urine and feces.  "They were so terrified when they came in," O'Neill said.

"But as soon as they got a bath and they got groomed, their heads went up. The difference after a bath is huge."  Veterinarians who volunteered their services stayed at the clinic until 3 a.m. Friday performing triage and first aid on the dogs, and volunteers were working through the weekend to get them bathed and groomed.

Authorities said the dogs seized Thursday -- mostly small breeds commonly used as household pets -- had no apparent connection to Horton's Pups, another Carroll County dog business where more than 1,000 dogs were seized last year.  That case brought national attention to the problem of puppy mills in Virginia, which led to the passage of legislation to crack down on the industry. The new laws, which do not take effect until Jan. 1, put stiffer regulations on commercial dog breeders across the state.

The new laws require that those in the business breed only female dogs between the ages of 18 months and 8 years and have licensed veterinarians certify each year that the dogs are in suitable breeding health. It also stipulates that breeders maintain records of animal sales, purchases, breeding history and veterinary care, and requires no more than 50 adult dogs be kept at one time unless approved by a local ordinance after a public hearing.

Angels of Assisi hopes to put the dogs up for adoption but must wait until the legal aspects of the case play out, O'Neill said. Anyone interested in adopting a dog should watch the shelter's Web site, www.angelsofassisi.org, for details. Meanwhile, the shelter is asking for donations to cover the costs of caring for the dogs.

Because puppy mill dogs are not used to human contact, they take to adoption a little slowly.  "They don't know how to be a pet. They don't know how to be part of a family," O'Neill said.  "But once they figure that out, they are the most wonderful dogs."
Staff writer Jorge Valencia contributed to this report.

Source: http://www.roanoke.com/news/roanoke/wb/184427 


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Animal Abuse Dismissed for Timing Technicality
By Mollie Halpern | Investigative Reporter
Published: December 2, 2008
Updated: December 2, 2008


State police seized 63 dogs from former animal control officer, David Winesett last month.  Winesett breeds and sells dogs from his Hillsville home.  Police went there after recieving complaints about dogs being neglected.

A hearing to determine whether former animal control officer David Winesett abused his dogs was dismissed before it even began. A judge ruled that the hearing should have taken place within 10 days of the dogs seizure—today is the 11th day.  “10 days means 10 days,“ said Winesett’s attorney, Terry Kilgore

But - the prosecution argued that despite a good faith effort to schedule a hearing during the mandated timeframe—that there was simply no availability.
“I was made aware that there were not hearings yesterday,“ said Assistant Attorney General Charles Quagliato. 

Winesett says he has been deprived of his property and wants his dogs back, “i’m ecstatic that the judge has seen it the way he has.“  Winesett and his supporters also say that not only was the seizure a waste of taxpayers money but it was done through intimidation.  They’ve been passing out these flyers to encourage the public to call their local representatives to handle the way it was handled.

And now—the prosecution will appeal the way today’s hearing was handled—in hopes of moving forward with the case. WSLS obtained these exclusive pictures of the dogs taken while still under Winesett’s care—just days before the seizure.

Animal welfare groups say that these pictures prove the dogs were abused and neglected….and they don’t want them returned to Winesett.  But that’s what will likely happen—the prosecution and defense will work out how and when Winesett will get his dogs back.  The dogs are currently under the care of Angels of Assisi and are still recieving medical treatment. The state veterinarian’s office is monitoring the dogs condition.

Source: http://www2.wsls.com/sls/news/local/article/animal_abuse_case_dismissed_for_timing_technicality/22305/ 

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Dogs rescued from a Hillsville breeding operation last year are thriving in a new home.
By Courtney Cutright
981-3345

Meet Theodore, the canine formerly known as Chompers.  The apricot-colored toy poodle was one of 63 dogs seized when state police raided a Hillsville commercial breeding operation in November 2008.

Theodore's teeth were so deteriorated that most had to be pulled, which prompted the volunteers to dub the lovable fellow "Chompers." He has only about a half-dozen teeth left on one side of his mouth, and his little pink tongue hangs out the other, where there are no teeth left.

He was adopted in January and has gained a healthy 3 pounds, bringing him up to 9 pounds. Although he now weighs on the high end for his breed, his little butterball body still fits into doggy sweaters.  "I probably overcompensate for his lean years," said Robyn Schon, the woman who adopted him.

Theodore (or Theo-dorable, as Schon likes to call him) and the other rescued dogs -- mostly Boston terriers, Yorkies, schnauzers, poodles and dachshunds -- arrived at Angels of Assisi, an animal shelter in Roanoke, with damaged nails, decayed teeth, infected ears and fur matted with excrement.

They received immediate medical attention and weeks of tender loving care at the shelter while the kennel owner, former chief dog warden David Winesett, fought in Carroll County court to regain custody of his dogs. After the civil case was dismissed on a technicality, Angels bought the dogs from Winesett and put them up for adoption.

Schon, an Angels volunteer and assistant general manager of the Roanoke Civic Center, jumped on the chance to bring home Theodore and Winston, another poodle rescued from the Hillsville operation.  "They adopted me, really," she said.

Schon brought the dogs to her Southwest Roanoke home, where she already had a German shepherd, a border collie mix and two cats -- all adopted. Theodore and Winston have their own space in the house; a spare bedroom blocked with a baby gate. Winston has been slower to adapt, but even Theodore was disoriented at first.

"For the first three or four nights, I didn't hear them bark," she said. "I didn't hear them make a noise. Then I woke up one morning and I heard them playing together and romping."  Schon lay in bed and cried.  She said she was emotional because she knew the dogs most likely never had a warm, dry, comfortable spot where they could just be dogs.

Veterinarians estimate Theodore is between 7 and 9 years old. Of the dogs that were rescued, only about 10 were puppies; the rest like Theodore, were older dogs that likely were bred excessively.

Lisa Knoble-O'Neill, the Angels' volunteer coordinator, said she knows paying Winesett for the dogs was not ideal.  "Anyone will tell you the last thing you want to do is give money to someone who is exploiting a living creature to make money," she said.  

But it was what had to be done for those dogs, she said. A condition of the sale prevents Knoble-O'Neill from disclosing the terms. She said if it came down to it, she would do the same thing again. All the dogs rescued from the Hillsville operation have been adopted.  "It was the very best thing for the dogs," she said. "They come back to visit and they are entirely different -- full of life and free from fear."

Source:  http://www.roanoke.com/news/roanoke/wb/230935