Don't Allow Access To Your Home - Murder Hollow Kennel Seizure

[admin]

To: legislation@amstaff.org (legislation@amstaff.org); amstafflist@yahoogroups.com (amstafflist@yahoogroups.com)
From: Maureenhauch@aol.com (Maureenhauch@aol.com)
Date: Wed, 19 Aug 2009 13:18:45 -0400
Subject: [amstafflist] oops!!

FROM THE DOG FEDERATION OF WISCONSIN

BREEDERS RED ALERT AUGUST 18, 2009

URGENT * URGENT * URGENT * URGENT * URGENT * URGENT * URGENT * URGENT *

DFOW has just been notified by a very credible source that between now and just after legislators go back into session floor periods (September 15, 2009), the Humane Society of the United States will be orchestrating a breeder bust.

If you have been listed in a breeder directory, have shown your dogs or have advertised a litter in any publication in the last nine years you must be on your guard at all times. Do not allow anyone into your home without a search warrant. In the State of Wisconsin, Animal Control officers and HSUS do not have police powers. They must be accompanied by law enforcement (although some law enforcement officers are also animal control officers) with a search warrant in order to enter your premises.

If HSUS is working in conjunction with law enforcement and there is a search warrant, you must cooperate.

DO NOT SIGN OVER ANY OF YOUR DOGS if threatened.

Do not believe those that state that the charges against you will be lessened if you sign over your dogs.

Video tape the entire proceedings.

If you are detained asking questions while a search is going on, have another individual available to video tape or photograph the p
roceedings.

Ask for proof of identification.

Get names and license plate numbers for those coming onto your property.

Some breeders have had to get special permits in order to have more than the arbitrary number of allowed animals in their community and have had to waive their constitutional rights in order to get those permits. If you are in this situation, you must contact a lawyer and find out what your rights are TODAY.

If animal control or law enforcement come to your door, walk out of your door and shut it behind you. Do not allow them to enter your home you go out to them unless they have a search warrant.

Please read the article What to do when animal control comes knocking http://www.dpca.org/BreedEd/when_animal_control_comes.htm (http://www.dpca.org/BreedEd/when_animal_control_comes.htm) for more details.

If anything seems amiss, make notes of dates and times, take names, get witness names, what they did, take photos, and keep a log of suspicious activities. We often hear fanciers state that this issue will never affect me when it comes to breeder licensing legislation. There have been at least 4 situations that have already happened in OUR STATE since the beginning of the year and breeder licensing requirements have not yet been passed into law.

The orchestrated bust that we were warned about today could very well be targeted at any one of us. You must protect yourself against false accusations. This is a very serious situation. If you truly believe in preserving the future of your chosen breed or breeds, you must do everything in your power to protect those breeds and their heritage. Insist on the preservation of your constitutional rights.

Cross posting is allowed.

ADOA -HOW TO RESPOND TO ANTI DOG ENFORCEMENT

http://www.adoa.org/index.php?option=com_content&view=article&id=18&Itemid=54 (http://www.adoa.org/index.php?option=com_content&view=article&id=18&Itemid=54)

[admin]

http://www.chronicleforums.com/Forum/showthread.php?t=217621

http://www.chronicleforums.com/Forum/showthread.php?t=218007&highlight=murder+hollow

[Elaine]

Didn't really mean to post the two posts above as admin, but I am going to let them stand that way. There are some important issues here that we all need to be aware of.

If you take the time to read through this Chronicle of the Horse thread you will see that during a night raid on her home, the owner of Murder Hollow Bassett Kennels was told she had a choice: Either surrender about 10 of the dogs or have all of them seized.

The owner, an elderly woman, did not understand is that if the dogs had been seized, she would have had some DUE PROCESS rights to get them returned. There would have to be charges of abuse or neglect filed, due process laws would have to be followed, the humaniacs would have to meet a standard of proof to support their claims, the evidence would have to be credible, the owner would have rights, including the right to defend herself and the right to reclaim her property (her dogs), there was recourse. The Humaniac Folks did not want that because they could not prove abuse or neglect. They were not actually claiming abuse or neglect, they were claiming a Zoning violation (the result of re-zoning of the area around where the kennel have been for 20 plus years). The problems could have been resolved with the filing of certain paper work, or simply sending some dogs back to live with their actual owners. The owner would likely have gotten all her dogs back.

It seems that the humaniacs simply wanted to scare an old woman into giving up her dogs. The tactic worked. Out of fear, a bit of a panic and gross ignorance of the law, the owner surrendered some of her dogs, which meant she has no appeal process at all. The dogs are gone forever, she can not get them back, by surrendering them she gave up all rights to them. She does not know where they are, her friends can not adopt them, they may have been euthanized… god only knows where they are now… and the AR –Humaniac wackos did not have to prove a thing, they did not have to respect the owners rights, they did not have to prove their claims, they did not have to follow due process.

There are parallels here to what Alla McGeary did to Dr Danoff and Stella… which are a threat to us all, and an important reason why the moronic posturing of CyberDobes/ Sam Burke are such a disaster for all of us who actually own, breed and show dogs.

[Kissntell]

Let me tell you. Years ago I went through major harrassment from animal reg. They literally ran me out of town.

Today I live in a slum comparatively. The area I lived in was a "richer" area of homes. Those neighborhoods are not tolerant to our breed. So the majority ruled and out I went.

Now I live where no one pays any attention to the rules. That is good and bad. But my dogs don't care about houses. In fact, I now have more land than before.

California is the toughest wierd state when it comes to dogs. Many people think it will not happen to them. I was a first and made an example of.

I am ever grateful to my dog friends that helped me move out of that house. I had above ground pools and many things to take down myself. It was a nightmare.

Someday, when I have time, I will go into what happened further. But I want to tell you...it was awful. Just a few days ago, I found the papers and summons that were always left on my door. Animal reg actually told me to go down to the local grocery store and give my dogs away. They are not on your side. I don't think they love animals either.

Of course then you get all tangled up with lawyers etc. It is not fun. There is a Nolo book about dog laws. I suggest people buy one. It helped me.

[andyhilt27]

I am not trying to play the Devil's advocate here but......

Apparently this woman had several notices left on her door by the PSPCA. They returned and she denied access. Good for her, but she didn't stop there. She then threw rocks at the officials! That is when the search warrant was issued and the "raid" went down.

Philadelphia has a 12 dog limit. 12 without a kennel license. This is not a new law. 12.....12 freaking dogs. That's alot to be in a large home. She had 23!!!! There is no way in hell this one lady could take care of 23 Basset Hounds. Okay, maybe she could have but I doubt it. If I had 23 of any breed I would need a lot of help.

She knew they were coming.......they didn't have a warrant yet. She could have cleaned up and moved some dogs around and called an attorney.

The PSPCA did a follow up inspection and gave her 3 citations and took photos. These photos were then given to the DA for possible charges.

23 basset hounds, one woman, one home/kennel......I think it is very likely that these dogs were living in subpar conditions.

On the other hand I don't like any laws.....I feel that I know what is right and wrong. But the laws are in place for a reason......To protect the dogs and the neighbors. I feel bad for her but c'mon, sometimes you gotta help yourself.

[Elaine]

I agree with many of your points Andy... my concern is about the threat to "surrender some or face seizure of them all" ... which was merely a sleazy tactic to avoid due process.

I am not asserting that the owner was 100% in the right. For one thing, I think she was yelling and throwing rocks at the cops... which is clearly an expression of utter frustration, but still, not the right thing to do.

Reportedly, the citations were for minor things, like because some of the dogs needed to be wormed, or so they said. When is the last time you wormed your dogs? Have they played in grass that other dogs have had access to since? Have you taken your dogs to a show, a class or even the local park? Have you walked your dogs over any surface that might have some form of fecal contamination from an infected dog? How often do you have your dogs checked for worms? Twice a year, more often? IF I appeared at your doorstep tonight and seized your dogs, and did a fecal scan, would I find a worm? Are you sure? If I did, is that evidence of "abuse" sufficient to take your dog and keep it forever. Or give it away? Or euthanize it? The citations were made to justify things after the fact. The dogs were fit and healthy. Look at the photos below... these are fit and healthy dogs.

Reportedly the kennels were in good shape (except for some missing trim pieces of tile here and there) and they were cleaned in the morning. By evening, after feeding, there was some dog poop, but it was from that night's feeding... not something accumulated. Sort of like a boarding facility or vet clinic, where you might pop in at some odd hour and find some poop, but they are cleaned regularly.
..
As for having 23 dogs, I agree it is about 18 too many. But you have to remember, these dogs were part of a very famous hunting pack... which had been around for well over a decade. They were used regularly with one of the last remaining Hunts in this country. Hunt dogs are not raised in the home, they are raised in kennels and used as the breed was originally intended... they are scent hounds who bond to their buddies in the pack, much like guardian Herding dogs who work for a living are really more bonded to their herd than they are to people.

http://i394.photobucket.com/albums/pp21/logresfarm/MurderHollow.jpg

http://i394.photobucket.com/albums/pp21/logresfarm/MurderHollow2.jpg

These breeds were not developed to be companion dogs, they were bred to hunt and guard. So we can not hold them to a standard that our pet dogs desire or thrive under. I dare say these Bassetts were probably much more fit than the avearge pet Bassett, certainly more fit than you or I... and if I don't knock off the Hagen Das bars, that will be even more true tomorrow than it is right now. :p

Also, this woman was not a breeder selling dogs. Rather, she bred only to maintain the pack. She is not wealthy and does not have an attorney on retainer. Do you? Do any of us? Do you have $3,000 to $5,000 cash lying around so that you can retain legal counsel at all hours of the day or night, just in case this happens to you? Do any of us?

Reportedly all of these dogs were licensed. The woman wrongly believed that if they took her money for licensing her dogs all these years, that they were ipso facto saying that her dogs were legal, possibly grandfathered in, because the dogs had been there long before the zoning changes. And seizure of your dogs is not the legal remedy for zoning violations.

Worst of all, three of the dogs surrendered (and now gone forever) belonged to a third party and this person can not get their dogs back and does not know where their dogs are, or even if they are still alive... sort of like Dr. Danoff does not know where Stella is.

If you believe in the rule of law and in any body of laws, believe first and foremost in Due Process, because if we do not follow Due Process we cease to be a Democracy.

[Elaine]

FW: PA: SPCA Outrage in Philadelphia


http://neveryetmelted.com/2009/08/05...comment-140915

http://tinyurl.com/nlwada


We are asking all concerned dog owners to send an e-mail to Susan Cosby, CEO of the PSPCA, scosby@pspca.org, demanding the release of the dogs to one of the hound packs that is willing to take them in (of which there are several). It's unfortunate that the pack owner surrendered the 11 Basset Hounds, thus giving the SPCA the right to dispose of them in any way they wanted. Basset Hound people have been notified of this outrage and I'm hoping we can flood Ms. Cosby to the point where she will give in and come clean about the whereabouts of the dogs.

Please help.


Barbara Wicklund
AKC Delegate
Basset Hound Club of America

[doberdogsfd]

Elaine is correct.
I grew up Hunting. I was am member of a Hunt Club and had exposure to the hounds. They are far from pets, they work for a living and are kept according to what is the norm for hounds that hunt.

The Houndsman is a dog expert...hunting dog expert if you will, and I learned a ton from ours. I also loved the pack. They were a cohesive unit that worked together and was happeist with each other. The only other time they were happier was riding out. They knew what was a foot.

The puppies were raised in a pack and as they grew, an older hound or two would be introduced into their world.....to teach and guide them.

I challenge anyone to condition and care for a pack of dogs the way most Hunt Hounds are cared for. They are valued and highy respected.

I do not think the issue is about the amount here. I think the FYI is, "be careful". This person may have been in serious violation of zoning codes.
Where are the charges against her, if that is the case.

My advice is not to get into it with the PD. It turns into something else and you are kind of hosed up if you are in holding for 24-48 hrs.

Cheryl

[andyhilt27]

If she is wrong then shame on her. If she is innocent of any allegations then shame on her accusers.

I agree with your points of due process Elaine, which she started to exercise until she allegedly threw rocks. People can be emotional.....I hope this works itself out for everyone involved.

[Elaine]

I agree with your points of due process Elaine, which she started to exercise until she allegedly threw rocks.

As I sit here in calm, detached objectivity, weeks after the event, and with no personal involvement of any kind, I can easily agree that “throwing rocks” was the wrong thing to do. Yet some how I can understand the impulse. It reminds me a bit of the Chinese student in Tiananmen Square so many years ago standing up to the tank. It is a gesture of defiance against overwhelming power. I do not believe that the woman has a chronic problem throwing rocks at cops, nor do I believe for one moment that she thought it would be effective. In fact, the act itself is irrational on its face, reflecting someone temporarily not in their right mind because of some overwhelming situation.

I tend to believe that she was utterly frustrated and overwhelmed in the situation. If we haven’t walked a mile in her shoes, who’s to say we wouldn’t do the same? Some times the provocations is simply too intense and we respond in the moment with what is clearly not the best impulse. Our laws make a sharp distinction between premeditated acts and those involving the passion of the moment.

If I were on a jury, I would look at the situation, at the woman’s "rock-throwing at cops history" … and vote to acquit her because of the mitigating circumstances. In fact, now that I think about it, at some point the cops have to admit that they are well aware that they can be extremely provocative… sort of an extension of what Psychologists know from the Zimbardo Prison Study from years ago,… that power corrupts and those with police power far too easily become bullies. http://www.prisonexp.org/

[Elaine]

Cheryl sent this, an update on this case

Murder Hollow Bassets Tough It Out – All 22 Cruelty Charges Withdrawn
After more than 14 months, all 22 counts of animal cruelty charged against Murder Hollow Bassets master Wendy Willard in August of 2009 by the Pennsylvania Society for Prevention of Cruelty to Animals (PSPCA) in Philadelphia County were withdrawn on October 5, 2010 in Philadelphia Municipal Court. Wendy was also found to be in complete compliance with all applicable statutes.

On July 27, 2009, the life of Wendy Willard, a retired social studies teacher, environmentalist, horticulturist and nationally recognized Master of a pack of hounds known as Murder Hollow Bassets, changed forever. That day, using a warrant obtained following a trespass on her property, the PSPCA searched Wendy’s barn, seized 11 of 23 hounds and pressured her to sign so-called “surrender agreements” by threatening to take the other 12 dogs and assess heavy fine if she refused. Their acts effectively destroyed her pack and severely damaged her reputation.

The search and seizure was performed under the guise of enforcing the Philadelphia “limit law,” applicable only to residential dwelling units, and not a barn inhabited by dogs. Before Wendy was charged with anything, and without notification to her, all of the hounds were spayed and neutered within three days after seizure. One of the hounds had to be euthanized as a result of a botched surgery during the mass spay/neuter operations performed by the PSPCA at their facility. The 10 remaining live hounds became infected with a canine lung virus in the PSPCA’s facility. The PSPCA then sent those 10, with medications, to an unlicensed “rescue” operation that sold them all for “adoption” before any hearing on the charges took place.

Wendy was charged in Philadelphia with 22 summary counts of animal cruelty alleging unsanitary conditions and lack of veterinary care. These charges were denied, aggressively defended and have now all been withdrawn.

Wendy has never bred a litter for sale. Murder Hollow Bassets was a much beloved pack of sporting dogs and not the “puppy mill” the PSPCA was apparently looking for. The actions of the PSPCA were overzealous. Organizations like the PSPCA must adhere to lawful procedures to ensure that the rights of animal owners are protected.

While many organizations, packs and individuals have donated to the defense of the Murder Hollow, Wendy still needs your help with the heavy expenses of the criminal case that just concluded favorably and preserved her constitutionally guaranteed rights and freedoms. Although this case is about what happened to Wendy and her hounds, and her fight to defend herself from invasive and unconstitutional actions, this type of invasion of property and violation of rights, and the harassment to which she was subjected by the PSPCA, could happen to you or your animals at any time and in any state.

Please step up and donate now. To donate by mail, please make checks or money orders payable to Wendy Willard/Escrow Defense Account and mail your contributions to: Hound Defense Fund, 1229 Chestnut Street, #107, Philadelphia, PA 19107.

To donate on line, please go to the web site, www.houndefensefund.org and follow the donation instructions provided. Thank you all very much for your help and concern.

J.F. Scharnberg, US Sportsmen's Alliance, National Beagle Club, MFHA, PA Federation of Dog Clubs, Chester County Foxhunters Assn.

[Athy]

I wonder if she can pursue this in civil court.

Athy