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Transparency, Mudslinging And Double-Standards?
Posted by: jn at 4:36PM MT on August 7, 2009
Disclaimer: As said before, I do not support MNA, nor their (sometimes sleazy) agendas, but sometimes, just sometimes, they manage to get some things right.
An email sent by Kelly Sondeno (Safe Harbor Rescue in Fromberg) to numerous recipients, outlines concerns over Operation New Beginnings 'manager' Catherine Schaeffer possibly being granted adoption of two of Kapsa's dogs, as well as one of the board members from Schaeffer's Last Chance Cat Sanctuary who reportedly already has 11 dogs. I do not know Sondeno, nor do I know if she is a credible source (or the vet she references in the email, for that matter). It sort of reminds me of the cat fights between local rescue groups when the YVAS responded to the city's RFP for privatizing the animal shelter. Nonetheless, the email is an interesting read and does raise questions about NESR's adoption criteria, at least in the context where one seemingly able volunteer was denied certain dog(s) yet the director of a cat sanctuary currently housing up to 100 cats or more is perhaps given special consideration. In other matters, it appears we are not alone in attempting to get the county to reveal transparency regarding donations (and contract information between Yellowstone County and NESR). Apparently, even Kapsa's civil attorney, Liz Honaker, is also having trouble getting documents from the county sheriff's office regarding donations made to Operation New Beginnings for the care of Kapsa's dogs. Honaker first requested the documents on the day Kapsa signed her plea agreement with the prosecutors, and finally ended up sending an email to Kevin Gillen, of the civil division of the county attorney's office, who first denied receiving Honaker's requests yet promised to expedite the release of information if the request was resent.
Posted by: jn at 1:13PM MT on August 7, 2009
 To promote awareness of adopting special-needs pets or those with special characteristics, Petfinder.Com is dedicating August 12 as Adopt-A-Less-Adoptable-Pet Day. Shelters across the nation are participating in the event to spread awareness that special-needs pets are every bit deserving of a loving home. Pets with the following characteristics are often overlooked by potential adopters, but adopters may not realize that most, if not all of these special-needs pets make wonderful additions to your family. * Senior/older pets - They are already house-broken, more mellow and less likely to require training. If you've ever owned a senior pet, you understand the pet has given you years of love and companionship, we need to repay the kindness by giving them wonderful opportunities to live out their senior years. * Medical problems - Most medical problems can be managed with prompt veterinary care and followup. Many conditions are easily, and cost-effectively treatable with no recurring health complications. * Breed prejudice - Less popular breeds tend to be overlooked, "mutt" breeds often turn out to be the most friendly, most loyal to your family. * Shyness/not socially adjusted - Keep in mind, shyness is easily overcome with dedication to providing a comfortable and secure environment, bonding and attention to the pet's needs. Also remember many pets are shy simply due to being held in an animal shelter environment. * Physical problems such as deafness, blindness or physical deformities - Such limitations do not affect a pet's behavior and willingness for play, activity and bonding as long as you provide a safe environment, make slight adjustments in the environment to accommodate their needs. Other stigmas that affect overlooked pets in shelters include large dogs, black cats, FIV+ cats, or even pets with different coat textures! Large dogs make great companions (if you have adequate space), black cats have personalities that are just as friendly and loving as other cats, and FIV+ cats can lead long, happy and healthy lives providing they are spayed or neutered, receive regular veterinary care and you are keen to their health needs. Help change the stigma affecting these shelter pets, consider adopting a less-fortunate or special-needs pet. The love and rewards you'll receive in return will amaze you!
Posted by: jn at 1:06PM MT on August 7, 2009
Pet-care expenses would be tax deductible under a new measure introduced by U.S. Rep. Thaddeus McCotter (R-Mich.).
Tax Deductions for Pet-Care Expenses Proposed House Resolution 3501, commonly referred to as the Humanity and Pets Partnered Through the Years, or HAPPY Act, would amend the Internal Revenue Code to allow an individual to deduct up to $3,500 for “qualified pet care expenses.” “Qualified pet care expenses” is defined as “amounts paid in connection with providing care (including veterinary care) for a qualified pet other than any expense in connection with the acquisition of the qualified pet.” “Qualified pet” is defined as “a legally owned, domesticated, live animal.” It does not include animals used for research or owned or used in conjunction with a trade or business. The act would not apply for a person who deducted expenses under IRC sections 162 (ordinary and necessary expenses) and 213 (diagnostic and similar procedures, medical devices and other medical expenses not covered by insurance) during the preceding three taxable years. The measure, introduced on July 31, was drafted in conjunction with data from the American Pet Products Association’s National Pet Owners Survey. It has been referred to the House Committee on Ways and Means. The Pet Industry Joint Advisory Council (PIJAC) issued a Pet Alert (pdf file) on Aug. 5 supporting the proposal. “Providing pet owners the opportunity to deduct pet care expenses is an important step towards ensuring that pet owners provide adequate veterinary and other necessary pet care,” PIJAC stated. “It encourages responsible pet ownership and will hopefully reduce the abandonment of pets by people struggling as a result of the economic downturn.” Click here to view H.R. 3501.
Posted by: jn at 6:35PM MT on July 31, 2009
One of our members had a lost kitty, please, keep your eyes and ears open for her.
Lea is a domestic short-haired white and gray spayed, female cat, under 2 years of age, and microchipped. She was lost on July 7, 2009. More description and information following the photos:
She has white forelegs and paws and rear boots; white neck, chest and belly; and the flesh part of her nose is gray. Lea was lost in the vicinity of Rimrock Rd. and Rockrim Ln. REWARD for her safe return! Please call: 252-3169
Posted by: jn at 6:48PM MT on July 29, 2009
Cats are less likely to bother your plants and flowers if you have catnip in your garden. Spaced strategically throughout your garden will allow the neighborhood cats and stray cats to choose areas away from your plants in which to play, rest, seek shade and nibble on their favorite herb (the only herb truly safe for them).
In my garden, catnip is in planters on the deck, a larger planter at a far end of the garden and a catnip patch containing several plants on the other end of the garden. The catnip patch gets partial to full sun, but gets enough shade at different times of the day to allow the cats to rest and nap under a shade tree.
My neighbor cats and stray cats with their catnip:
As you can see, they're happy. When they're happy, I'm happy :)
Posted by: jn at 6:17PM MT on July 29, 2009
My Kitty Garden:
 Small, simple, low maintenance, and for the cats, their private little haven. If you're handy or know someone who is, a free downloadable plan for the footbridge can be found here. We altered it to include posts, and sailor's rope. TIP: Most footbridges made of cedar, red oak, or redwood weather well, as far as strength is concerned. However, redwood for example, is difficult to maintain it's original color, so a weatherproof water sealant is not enough, it will still weather and may turn gray (giving it the appearance of a weathered look, yet still very strong). We learned the hard way, the first year, it turned gray (when the snow disappeared), so we stained it with a light red color as close as we could match to redwood. Garden Color:  As mentioned in the earlier article, additional color in the garden is found in red hummingbird feeders, stained-glass garden stakes, the footbridge, colorful planters and colorful hanging baskets. The Cats In Their Garden (neighbor cats and stray cats, my cats are kept strictly indoors):  Some of the neighbor cats and stray cats. As you can see, they love the garden. Cat-Safe Garden Plants:  Astilbe (pink blooms) Creeping Phlox (Emerald Blue) Hosta (Varigated and Blue - small white blooms) Weigela (small lavender blooms) Lamb's Ear (not to be confused with Elephant Ear!) Coral Bells Echinacea (Ruby Star - pale lavendar blooms) Sedum (ground cover, lines one side of the garden path, small yellow blooms) Sedum (another type - October Daphne) Blue Oat Grass Catnip (Nepeta cataria) Hanging baskets: Fuschia, and various (I know little to nothing about what's in the baskets, except to say they look beautiful and have vibrant colors, so I get them once a year) Shrubs: Blue Chip Junipers Dwarf Burning Bush Viburnums Ready to be inspired?  Cat-owners in Australia know how to do it right. These are indoor cat-enclosures, or, indoor cat gardens, but can be used for inspiration! Or perhaps just a design inspiration... 
Posted by: jn at 6:15PM MT on July 29, 2009
It is fairly easy to create a cat-safe garden, even if you don't have a green thumb (like me). The hard part is choosing what type of design you want, with the space you already have, and sticking to your budget. For example, my garden is a fairly small space and the ground was slightly sloped, so leveling an area for a stepping-stone garden path was important, yet leaving the incline for good drainage. I also wanted to create the illusion the space is actually bigger than it is, so I carefully chose plants that would fit the space, and those plant types that wouldn't overcrowd others.
The most important aspect about a cat-safe garden is choosing plants safe for cats (non-toxic). Planning ahead will save you time because you'll only shop for those you know are safe for cats, should you have kitties who like to nibble. Stick to your chosen list and try to refrain from impulse buying (impulse buying gets you in trouble with spending, plants aren't cheap!). In this and the following article, I'll list the plants I chose for my garden. For landscaping, I chose perennials only. I chose them because a) I have a black thumb and am likely to kill anything if the roots don't grow deep into the ground and b) I wanted very low maintenance and didn't want to have to spend more each year to have fresh annuals and c) some perennials are least likely to be toxic to cats if ingested. However, cat-safe perennials I chose don't necessarily bloom with fantastic color (other than yellows, whites, lavenders or pinks), so I compensate in other areas of the garden with hanging baskets of annuals, spaced strategically, which provide any color I'd like. For additional color in the garden, I have red hummingbird feeders, stained glass garden stakes, colorful planters on the deck, and a redwood footbridge over a dry "creek" of river rock and colorful pebbles. I don't want to clutter my small space, so I keep it minimal and I can expect the same amount of color through spring, summer and fall by the types of plants and the annuals in the hanging baskets. A white trellis is a nice backdrop to bring out the color as well as the various greens in the foliage and other plants (the trellis also serves to hang bird feeders). The most essential elements for a cat-safe garden, beyond the non-toxic plants, are: A garden path, so curious kitties can explore. I chose to use stepping stones, but you can use whatever material you'd like. If I had a larger space, laying the stepping stones in circles or half-moons around larger plants would create a cool yellow-brick-road for the cats to explore. But since it is a small space, I chose to use bark mulch as the main landscape cover, with the pathway winding through the garden in an S-shape. Bark mulch helps maintains the soil, can be placed around the plants without harming them, and can be added to the garden when necessary (usually once a year, in fall or spring). Mulch also gives a deep landscape color in which to show off your other foliage and greenery. WARNING: DO NOT BUY CHOCOLATE or COCOA BEAN MULCH from home and garden centers. It contains theobromine which is toxic to animals (methylxanthine toxicosis )! We buy our mulch at a reasonable cost from Rocky Mountain Compost, they do not use chemicals. They have a variety of colored mulch, such as chocolate brown, black, gold, autumn red, even blue. For our space, we can get 1/2 to a full pickup load of mulch for around $40. A water feature. All critters in the garden love, and require water. If you have enough space and can afford one, a small water fountain or pond would be ideal. But, each requires regular maintenance and I didn't want to have to spend all my time with maintenance, so I have a birdbath and a stainless steel water dish on the deck. The birdbath is for the birds of course, but the cats actually drink from it. Please folks, keep your birdbaths impeccably clean on a regular basis, it's healthier for all the critters in your garden. Shade. Not only do you appreciate shade in your garden, but so do critters and so do your plants. Many perennials as well as annuals need varying degrees of shade throughout the day, and some do well in partial shade/sun. A little preparation in advance will help you design your garden for shade and sun and you'll know where your plants will thrive the best. On hot summer days, shade is crucial so critters can rest, nap and cool off. Catnip. Absolutely essential, a garden is not a garden without catnip. When buying catnip, you can either plant catnip seeds or buy established "starter" plants. I prefer the established plants because it is a hit or miss with seeds. Also, with seeds, you cannot guarantee the cats won't eat them before they've had a chance to grow to a sturdier height. Choose an area in your garden with equal amounts of sun and shade, catnip usually does best in more sun. Make sure your catnip patch is large enough for kitties to rock and roll in because they most certainly will. Also make sure the area is large enough to accommodate seeding, because they will seed if allowed to. Catnip grows to about 2-3 feet in height, so the more established the plants are, the stronger they are. The cats will break many of the stalks as they play with them but the majority of the plant is hardy and will keep coming back. I have my catnip planted in planters scattered on a deck, as well as a planter on one side of the garden and a catnip patch as well. This ensures the cats can choose where they'd prefer to play, and will always have a steady supply should they get too rambunctious with one or more plants. Catnip is also a perennial, so with care, it should come back every year for about 3 years or so. By the way, it is the Nepetia Cataria type of catnip you want, NOT Cat-mint. Sylvan's Nursery and Gainan's usually have a good stock of established catnip for sale in late spring or early summer, reasonably priced at around $4-5. Call ahead so you can be sure they have them, or so they can order or reserve them for you. NON-TOXIC fertilizers or plant foods/sprays. I do not use fertilizer other than soil fertilizer at planting time. I use only a spray bottle with mild dishsoap and water to spray plants that bugs might find tasty. An occasional use of Miracle Grow mixed with water keeps my plants in tip-top shape, but I take care to only pour the mixture around the base of the plant, so the foliage is not saturated (in the event a curious kitty might nibble). I do not use bug-killers or slug baits or anything of the sort. So far, my plants are doing well without the use of toxic chemicals. To use any chemicals or bug baits, moth balls etc., defeats the purpose of a non-toxic, cat-safe garden. The neighbor cats and stray cats never seem to bother anything in their garden. They are not interested in nibbling plants (except their catnip), they can barely reach the hanging baskets, but don't bother them in the least, they enjoy walking through the garden on the path, and love their catnip patch. I've been creative enough to make it both interesting and safe for them and it's a daily adventure for them. They don't dig, they don't topple planters over, and if they urinate, it's ok, because the garden hose is nearby and I simply rinse the plant off. I've never found little "surprises", but there is grass at the far end of the garden for them to use if they must. I don't worry about the birds, since their feeders are hung from the trellis and out of reach to the cats - the cats seem to be more interested in exploring, lounging on the deck, or playing in the catnip. At night, we have a solar outdoor light which casts shadows throughout the garden, cats are nocturnal by nature, so they have as much fun playing hide and seek at night as they do in the daytime. I enjoy the neighbor cats and the stray cats, I love their company when I'm in the garden (their presence makes me forget the garden chores), and there's just nothing sweeter than watching them enjoy it as well. Our little garden haven keeps them out of the crankier neighbor's yards, so it's a win-win situation! Coming up next, photos of my kitty garden and my list of cat-safe plants...
Posted by: jn at 3:34PM MT on July 26, 2009
 It happens every time a pet-themed movie comes out in theaters. 101 Dalmatians (and it's sequel), Beverly Hills Chihuahua, the yellow lab retriever in Marley and Me. And so on and so on...here we go again with Disney's G-Force. Every single time, parents relent and buy or adopt one of the adorable icons for their children. And every single time, shelters across the country are soon inundated with those relinquished icons. Kids and adults alike might enjoy the animated little critters and 3-D effects in the movies. But, young kids aren't able to distinguish fantasy critters from live critters, nor do they understand the involvement of every day care, feeding, cleaning of cages, and playtime and bonding as well as veterinary care and expenses necessary to maintain the pet. A new pet is often a novelty item for a young child, and after a month or so, the novelty wears off, the pet becomes a "chore", becomes neglected by both the child and the parent who acted with disregard to the pet AND the child, and the pet inevitably ends up at a shelter. Sadly, many of them euthanized. One rescue group was so concerned, they were on hand at a theater's G-Force movie opening with guinea pigs on display to teach awareness about guinea pig ownership and adoption. (how cool is that!) Parents, be responsible, teach your kids that movies are not real life situations. Teach your kids that pets are a responsibility, for the lifetime of the pet. When you teach responsibility, you also teach admiration for, and compassion for the species. Your kids will admire and respect you more in the long run for not accommodating their every wish. If you feel your children are responsible caretakers for pets, then ensure both you and your child are aware of their special needs, including specific foods, accommodating environment, the need for regular veterinary care, activity and social needs. For guinea pigs, rodents, pocket pets, fish and some birds and reptiles, their life spans are relatively short, are you prepared to handle the grief aspect once the pet's life ends? Are you prepared to take over the care of the pet if your child eventually defaults on his/her promises? Think about that, research the species, teach your children well and you will then be armed to make informed and rational decisions. Let's review: Computer-generated animated guinea pig: no care required, except by mechanical intervention by movie crew and computer graphic artists. Approximate lifespan: Infinate, immortal, especially where royalties are concerned.  Real, live guinea pig: requires proper care by a real live human to feed, water, provide appropriate environment/habitat, play with, bond with, exercise, love, and receive regular veterinary care. Approximate lifespan: 5-7 years.
Posted by: jn at 2:51PM MT on July 20, 2009
Continued from Animal Cruelty: When Justice Fails (Part 1). Cases 8-14:
Jan 24, 2006 Offender: Kelly Sondeno/Safe Harbor Rescue, Fromberg, MT - Carbon County Defense Attorney: Steve Thuesen Case (Pets/Dogs/Cats/Horses): Following up on complaints, investigators found an estimated 50 dogs and 75 to 100 cats, many with obvious health problems and infectious diseases, many receiving substandard care. The situation for the cats was termed "teetering between unrestricted feral cat colony and a typical cat hoarder situation" by the regional HSUS director. Four cats were removed for custodial care and six horses were identified for custodial care. Charge: (1) Count Felony Aggravated Animal Cruelty. Plea: Pleaded not guilty. Sentence/Outcome: Pretrial diversion agreement (basically dismissal) that deferred prosecution on the felony charge if Sondeno adhered to a list of conditions. The agreement stipulated that Sondeno could continue operating Safe Harbor for the purposes of animal rescue, sheltering and adoption. She is, however, limited to a maximum of 30 dogs and 60 cats - and a "reasonable number" of personal pets - on site. As part of the agreement, Sondeno must permit announced inspections of the facility, as well as veterinary examinations of the animals there and she has three years to make improvements at the facility. -------------------- March 16, 2007 Offender: Aleta Rogers, Thompson Falls, MT - Sanders County Defense Attorney: Brian Cotter Judge: (JP) Donald Strine Case (Pets/Dogs): 54 dogs and puppies found from four dilapidated mobile homes and camp trailers owned by Rogers, some of the dogs cramped in tiny cages or cat carriers, many living in 2 to 3 inches of their own feces and urine. 7 of them were euthanized on orders from the sheriff's department, for liability reasons, after they bit their rescuers. 4 more were euthanized or died from health-related causes. A 12th dog, a chihuahua-terrier cross with a deformed jaw discovered inside a crate in the first trailer, was killed by some of the other dogs later that day, before the authorities could get back to the property to retrieve all of the dogs. Charge: (29) counts of animal cruelty. Plea: Pleaded guilty. Sentencing/Outcome: (Dismissed). Rogers had earlier pleaded guilty to the charges and was given a 1-year jail sentence and a $1000 fine on each count, all suspended provided Rogers paid $6,000 in restitution to animal shelters and veterinarians who cared for the animals (a plea agreement). However, she sought to withdraw her guilty plea and her attorney filed a motion to dismiss the charges since the officers did not have a search warrant to search and seize animals at her home. All charges and fines were dismissed, the prosecutors decided not to re-file charges, leaving a local animal care shelter without restitution for around $3,800 spent caring for the dogs. -------------------- March 23, 2007 Offender: Betty Jo Brown, Manhattan, MT - Gallatin County Judge: Holly Brown Case (Horses): 7 horses found on Brown's property, severely malnourished; 6 of them weak and emaciated, 1 in very poor condition. They were living in small, dilapidated, manure-filled corrals and were in obvious pain. Plea: Unverified Charge: (7) counts of Felony Animal Cruelty Sentence/Outcome: 14 years of jail time, fully suspended, and forfeiture of the horses to the county. Brown was ordered not to own livestock during the suspended term. She was ordered to pay $17,000 in restitution. Brown had a prior conviction for animal cruelty in 2002. This is the third time Brown has been convicted of animal cruelty offenses. -------------------- Oct 4, 2007 Offender: Eugena Fugate, Fort Shaw, MT - Cascade County Case (Pets/Cats): 53 malnourished cats and kittens found on Fugate's property, others found deceased. The cats were inside a pen attached to a quonset hut where some areas had feces as deep as 12 inches. The cats and kittens were living in deplorable conditions. A great Falls veterinarian stated that that the cats were so underfed that they resorted to cannibalism. Animal control officials euthanized 26 cats and kittens due to neglect and illness, or because they were "feral". Charge: Initially, (57) Counts of Cruelty to Animals and numerous counts of failure to properly dispose of an animal corpse. Reduced to (20) counts. Plea: Pleaded guilty to 20 counts of animal cruelty. Sentence/Outcome: Given a 180-day suspended sentence for each of 20 counts of cruelty to animals, and ordered to reimburse the county's costs of euthanizing the sick cats. Cascade County Attorney's office tells a news station reporter, "It'll be 10 years before she is allowed to own another animal and officials with the Cascade County Attorney's office say they will make sure she does not violate that condition". In 2001, Fugate was arrested for animal cruelty when officials found malnourished horses, dogs and cats on her property. In March 2002, Fugate was given a year-long deferred sentence and fined $380 by a justice of the peace for possessing starving cats, dogs and horses. She also was forbidden to own any animals, with the exception of the two cats she owned at that time. -------------------- October 18, 2007 Offender: Enrique Tipiani, Belt, MT - Cascade County Case (Pets/Dogs): 45 german shepherds found living in unfit conditions; Tipiani's yard and garage, where the dogs were kept, were covered with urine and feces, the garage's walls were moldy, garbage was strewn about; some of the dogs had been fighting, resulting in injury and death, dogs killed in fights were eaten by other dogs. Tipiani was breeding and selling the dogs. One dog bit an officer, the county subsequently euthanized the dog to test for rabies (the test was negative). Charge: Felony Aggravated Animal Cruelty Plea: Unverified. Sentence/Outcome: 4-year deferred prosecution agreement (plea deal), allowed Tipiani to regain 4 of his dogs provided he spay/neuter them at his own expense; he agreed to pay $5,000 to help recover the costs for caring for the dogs by the county, on a 3-year installment plan. Tipiani is only allowed to own 4 dogs, and is subject to regular inspection. -------------------- October 5, 2008 Offender: Phillip A. Brode, Silver Bow County Judge: Kurt Krueger Case (Pets/Dogs): Nearly 100 husky dogs and puppies found cramped in a broken-down schoolbus and trailer; the dogs were found in poor condition, malnourished, infested with parasites, had numerous illnesses and were covered in feces and crowded into small kennels. Charge: Felony Aggravated Cruelty to Animals. Plea: Initially, pleaded not guilty. Later pleaded guilty to avoid 2 years in prison and/or a maximum fine of up to $25,000. Sentence/Outcome: Given a 14-month suspended sentence and fined $1,000. Krueger was also allowed to choose and keep 6 dogs, he left the area shortly after sentencing to return to Colorado. The initial 100 dogs and puppies quickly escalated to over 200, as many of the females had been pregnant. Before sentencing, it is estimated the cost to care for the dogs had reached over $150,000, with $26,000 in donations. In February of 2009, most of the dogs had finally been adopted into new homes. Read this link for more striking similarities to the Kapsa case. -------------------- December 30, 2008 Offender: Linda K. Kapsa, Ballantine, MT - Yellowstone County Defense Attorney(s): David Duke, Moira D'Alton Judge: Susan P. Watters Case (Pets/Dogs/Cats/Birds/Goats/Chickens/Horses): Two seperate searches of Kapsa's property resulted in the seizure of over 200 dogs, 3 cats, 27 chickens and 10 cockatiels, most living in deplorable conditions. 9 horses were left behind at the time of the seizure. A search for a reported 50 or more pugs turned up empty. Dogs were found unsheltered, some starving, most without food or water, kittens were locked in an outbuilding with no food or water. Inside one of Kapsa's trailers, a deceased dog was found beside her bed. 24 deceased dogs and puppies were found on the property, suspected of suffering from parvovirus and/or having froze to death. One deceased dog was found on the property, appearing to have been eaten by other dogs. Another dog was so severely wounded, a veterinarian had to amputate the dog's leg. Dogs and puppies suffered from parvo, others from parasites and skin infections. Several of the female dogs were pregnant, resulting in several litters of new puppies after the seizures. Many of the dogs were fearful and not socialized. Conditions inside Kapsa's 3 trailers on the property were noted to contain urine, feces and trash, authorities were reported to say the stench was overwhelming and it was difficult to imagine anyone could live in such conditions. Charge: (2) Counts Felony Animal Cruelty, (4) Related Misdemeanors. Plea: Initially, pleaded not guilty. Then pleaded no contest on one felony count without admitting guilt, the other charges will be dismissed. Sentence/Outcome: (Pending). A plea agreement was reached, final sentencing is pending. The plea deal imposes a maximum 20-year suspended sentence supervised by the Montana Department of Public Health and Human Services. The plea deal limits Kapsa to a maximum of 40 chickens, 20 goats, 8 horses, 3 neutered cats and 2 cockatiels; she has already taken 11 chickens and 2 cockatiels prior to sentencing. She also agreed to allow state officials to visit her property without obtaining a search warrant or giving notice. The agreement also requires Kapsa to pay an undetermined amount of restitution, her ability to pay will be part of the Department of Corrections' pre-sentence investigation. The defense attorneys are expected to ask the state to release 20 additional dogs to Kapsa, of her choosing; she has already been allowed to visit and choose which dogs will be argued to the state for release . The MetraPark and Moore Lane kennel facilities have been the holding locations for the dogs, currently costing Yellowstone County taxpayers nearly $160,000, with donations at around $43,000. Nearly 100 volunteers have stepped in to help care for, socialize and train the dogs since January. After Kapsa's first choice of her 20 yet-to-be-determined-for-release dogs, the volunteers will have the next choice for adopting the dogs, followed by the public and/or a third-party rescue group. Kapsa has had numerous run-ins with authorities regarding her breeding operation since 1992, here is the sordid detailed past of the numerous warnings, violations, citations, several subsequent seizures of large numbers of animals due to neglect, and the various rules and judgments issued against her. Details of the present-day case can be found in the archives of the Billings Gazette.
Posted by: jn at 2:21PM MT on July 20, 2009
To those who have nothing better to do than complain that companion animals don't deserve community support, medical care, and basic needs to sustain life..., to those who continue to dismiss animal abuse, ineptly prosecuted to the fullest extent of the law, I have two words for you. Bite me. I have a duty, as a citizen, to demand change, and to fight for the right to life for those willfully neglected and abused. I have a duty to be a voice for those who cannot speak. I have a duty to challenge a legal system that too often, callously, ignores those rights. If you choose not to campaign for change, you need not challenge me. You are free to move on about your business, and leave me to mine.
The following is a breakdown of 14 cases of animal cruelty, animal neglect, endangering the welfare of animals in Montana. All felonies or misdemeanors and related charges. Nearly all offenders received suspended sentences, minimal or no fines at all, and nearly all were allowed back a number of their animals. Many were repeat offenders. This article is the first 7 cases, in ascending order, dating from 2000 to 2009. This is a mere fraction of cases amid decades of an inept legal system. Cases 1-7: Feb 26, 2000 Offender: Sharon Fiske, Billings, MT - Yellowstone County Defense Attorney: Kevin Gillen Judge: Diane Barz Case (Pets/Cats/Dogs/Other Animals) 175 cats, dogs, mice and other animals living in feces-filled cages, no food or water, medical illnesses, unlicensed animals and other violations. Charge: (1) Misdemeanor: Offensive Barn; (1) Misdemanor: Cruelty to Animals; (4) Felony Counts: Cruelty to Animals. Plea: Pleaded not guilty. Sentence/Outcome: Unverified. One reference suggests in lieu of paying one $1000 fine, she was in jail earning $50 dollars a day toward her fines regarding certain citations. No other information available. (If you know the sentencing/outcome of this case, please let me know). -------------------- Jan 12, 2001 Offender: James Meixner, Missoula, MT - Missoula County Case (Horses): James Meixner starved 5 of his horses, 2 were so emaciated, they had to be euthanized on the spot. Another colt died later. Sentence/Outcome: Fined, billed for $1,000 worth of care and barred from owning horses or livestock for 30 months. -------------------- June 29, 2001 Offender: Dawson McCosh, Great Falls, MT - Cascade County Case (Horses): Previously charged with animal cruelty (starvation of horses), when neighbors complained about additional horses who were emaciated, tied to poles, without food and water. McCosh was arrested and convicted of animal cruelty. Sentence/Outcome: By law, McCosh faced a $1000 fine and two years in jail. Instead, he received a deferred sentence. 7 months later, the county attorney's office filed a motion to dismiss the charges altogether. -------------------- October 31, 2001 Offender(s): Clifford Stone and Mary Parenti-Stone, Clancy, MT - Jefferson County Case (Pets/Dogs/Cats/Reptiles/Birds/Pocket Pets/Rabbits): Discovery inside Stone's mobile home found various levels of animal cruelty, including finding animal carcasses, those animals died from dehydration and starvation. Additionally, 10 snakes, 7 lizards, 2 love birds, 8 guinea pigs, 2 ferrets, 1 mouse, 5 gerbils, 20 rabbits, 5 dogs and 7 cats were found and seized. Charge: Originally, (19) Counts of animal cruelty. Then reduced to 7 counts, "in an effort to simplify the prosecution". Additionally, an endangering the welfare of a child charge, a misdemeanor. Plea: Unverified. Sentence/Outcome: Clifford Stone was ordered to serve 5 years of state supervision after pleading guilty to 5 counts of animal cruelty and 1 count of endangering the welfare of a child, and that Stone could not possess any animals while under supervision. Stone appealed, but eventually, the case was sent back to the district court for re-sentencing. Mary Parenti-Stone was convicted of the same charges and received a 4-year suspended sentence. Parenti-Stone was sentenced to five years probation in 1996 for shooting her boyfriend to death. She was initially charged with deliberate homicide, but the charge was reduced to criminal endangerment. Clifford Stone, who is listed in the Montana Sex and Violent Offender registry for a rape conviction out of California in 1984, also is on probation in connection with a 1996 bad check conviction. -------------------- November 1, 2002 Offender(s): Jonathan Harman and Athena Lethcoe-Harman, Toole County, MT Defense Attorney: Scott Albers Judge: John "Pete" Howard Case (Pets/Dogs): Nearly 180 starving and diseased collies, cold and wet, wallowing in their own waste, found in a tractor-trailer as the Harmans tried to enter the US at the Sweetgrass Port of Entry. Charge: Initially, (180) Counts of animal cruelty, then, combined (360) counts of animal cruelty. Plea: Unverified. Sentence/Outcome: Original trial led to a mistrial. The MT Supreme Court issued a stay pending review for a re-trial. A re-trial resulted in the Harmans waiving right to appeal and a 10-year probation term (suspended prison sentence). The Harmans were not fined, nor held liable for veterinary and other expenses incurred since the animals were rescued. Additionally, they could leave the state, yet ordered not to own or breed any animals, yet 3 animals were returned to them, spayed or neutered. During the case, the animals were held at a temporary shelter in Great Falls dubbed Camp Collie, and were cared for by volunteers at a cost estimated to be nearly $1,000 per day. -------------------- August 2005 - January 2007 Offender(s): Pamela Polejewski, Michael Hanson, Cascade County Defense Attorney(s): Various Judge(s): Various Case (Pets/Dogs/Cats/Rabbit/Chickens/Pigs/Parakeets/Guinea Pigs/Goats/Ducks/Turkeys): Various complaints, investigations, searches, cases of neglect and hoarding, all involving large numbers of animals. Charge: Various. Plea: Various. Sentence/Outcome: Various. I encourage you to read this link to explain the sordid past of these two animal hoarders, which actually dates back to 2000. There are multiple cases, charges, plea agreements, filing suits and more plea agreements. If you think the case between Kapsa and Yellowstone County is insane, you will be incensed after reading this one. The similarities are very eery. -------------------- September 14, 2005 Offender: Steven Henry Neff, Rexford, MT - Lincoln County Judge: Michael Prezeau Case (Horses): Insufficient quality and quantity of food and water; basic health needs unmet, various environmental hazards unsafe for the horses, moldy hay, horses infested with lice. Charge: (17) Counts of Felony Cruelty to Animals - second or subsequent offense. Plea: Pleaded not guilty, initially. 5 months later, entered an Alford plea of guilty to 3 of the charges. (an Alford plea: the defendant acknowledges the likelihood of conviction should a case go to trial and pleads guilty while not admitting guilt) Sentence/Outcome: 6 years probation. The terms of the plea agreement allowed Neff to keep 2 of the horses for the probationary period. The remaining horses were to be auctioned with proceeds put toward costs of caring for the horses, which reached nearly $12,000. Neff was convicted on similar charges twice in the past. In 1998, he was convicted on misdemeanor charges and in 2000 he was charged with five felony counts that were eventually reduced to misdemeanors. Through a plea agreement, he was sentenced to 6 months, suspended, on each count with the sentences running consecutively and fined $1,000. Comments by the judge at sentencing: Judge Michael Prezeau was unconvinced by the testimony. He told Neff the case was "frustrating" for several reasons. "First of all, you act like this is all a big inconvenience to you and you sit up here and talk to me like you don't know why you're here because you're such a compassionate horse person," he said. Prezeau said he thought Neff was "tone deaf" to his animal's needs and "too arrogant" to care for them properly. He said he didn't think Neff should be permitted to have any horses, but he relented and allowed him to keep the two animals specified in the plea agreement. "I just don't think I should sentence those two animals to be cared for by someone who thinks he's smarter than he is when it comes to understanding their plight," Prezeau said. -------------------- Continue to Animal Cruelty: When Justice Fails (Part 2)
Posted by: jn at 8:25PM MT on July 18, 2009
One of our Animal Crackers members found the following posted on the Gazette yesterday, a video, which presents new YVAS director Chris Anderson giving a "tour" of the YVAS.
Animal Shelter Tour. There is no accompanying article. The same video is linked at the YVAS website. (Update 8:20 P.M.: I've been informed there is a story to accompany the video to be posted soon on the Gazette. The video was inadvertently posted early. Update July 20: the Gazette included the story last night)
In the 2 1/2-minute video, Anderson takes the reporter through the cat room and explains cage cards and makes mention of hand sanitizers. Then she moves on to the "intake room", where new strays or feral cats are kept. Next, to the entry hall where she points out there are 4 types of pamphlets for visitors to read. She then goes on to the treatment room where pets are awaiting or recovering from spay or neuter surgery. In the surgery room, she explains it is set up for two veterinarians to spay and neuter. The tour ends at a single dog kennel, where she explains more cage cards. Is it just me, or would it be appropriate just to say...so what? I'm not criticizing the reporter for filming the tour. Rather, I'm more concerned why no one has, more importantly, bothered to introduce the new director to the public. A brief interview perhaps? In fact, a month ago, I asked a Gazette reporter to consider just that, based on a few concerns I had, which I posted about here and here. I never got a response to that request from the reporter. Maybe he was busy. Maybe he didn't think it was newsworthy. The new director has been in position for 7 weeks. Yet, attempts at contacts, emails by myself and others, have not been very well received in terms of asking for information regarding the new director (or any other information for that matter). Who is she, what are her qualifications, what are her goals for the YVAS and how does she intend to follow through on those goals as well as terms of the contract? Why hasn't the board of directors considered a formal introduction to the public? Why doesn't the website have staff profiles, particularly listing qualifications and experience? Why wasn't the public informed directly when the director was hired, nor given her qualifications as a shelter director?Whatever happened to that promised transparency? Hey, I'm just asking!
Posted by: jn at 2:10PM MT on July 15, 2009
There's been discussion from members of the community and dedicated volunteers from Operation New Beginnings, of initiating a public petition against allowing any animals being released to Linda Kapsa. However, I'm of the mind that there may not be time to gather signatures. The plea agreement has not yet been signed between parties, nor has sentencing been scheduled. Only the attorneys involved and the judge have direct knowledge of when legalities will take place. I'm also not sure it would be productive to contact Yellowstone County attorneys, by all accounts from various news sources, it appears they intend to fight for the 6 altered, companion animal limit. It is the public defense attorneys the community should be concerned with. Ultimately, Judge Susan Watters will make the final ruling(s). She also does have a duty not only to hear arguments between the attorneys, but from the public as well.
If you're inclined, perhaps instead, write your concerns directly to Judge Susan Watters. The following, extracted from the Billings Gazette, points out the numerous concerns, at least in my opinion: * 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. (Yet, the evidence against her pretty much proves she is incapable of properly caring for any animal; the fact that, according to the proposed plea agreement, the prosecution team allows for and limits the number of 79 animals allowed Kapsa, is truly a contradiction in terms. I'm pretty confused about that part.) * Judge Susan 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. (It could take weeks after the DOC conducts their pre-sentencing investigation, as well as determining Kapsa's ability to pay restitution as part of the plea bargain, before the process begins for adopting the dogs into homes) * 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 estimated 20 dogs" - Is there not an accurate count? Have any one of the so-called "officials" forgotten that parvovirus continues to survive on the premises? After the December 2008 seizures, up to three veterinarians determined the cause of death in some of the dogs was in fact, parvo, other causes were medical neglect, starvation, and freezing to death. Parvovirus can live in the environment for months and years, especially in soil and structures left un-decontaminated, and especially on a dilapidated property; transporting dogs and puppies in an out of a contaminated environment such as Kapsa's property is a recipe for disaster. We have to question Kapsa's agreement to surrender the approx. 20 dogs and puppies on her property. Did she agree because she has been "ruined" by the county and cannot sell the puppies via the internet, nationwide? Did she agree because she might get 20 unaltered dogs who are in near perfect health condition now that the vets, volunteers and taxpayers paid dearly to get them into healthy condition? Did she agree because 20 unaltered dogs will in fact, keep her in business, despite her claims she is no longer in the breeding business? Did she agree because she has no intention of following her sentencing rules, defiantly refusing to cooperate, as she has done so numerous times in the past? Or, did she agree because she intends to sue the county, again, on any charges she can trump up? All speculation aside, these are questions of concern.) * 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. (The evidence against her was crystal clear. Not only did she deny the basic needs of the various animals she had on her property, she also denied the basic needs of her own health, living in deplorable conditions. What steps have been taken to improve those living conditions for both the animals and herself? What steps have been taken to improve the property? What steps have been taken to ensure 20 unaltered dogs will not "escape" the premises, roam at large and introduce parvo beyond the premises, and continue to breed? What steps have been taken to improve dog kennels, heating for winter, proper care and shelter and food for the cats to ensure they will not be locked in a barn without food and water? The heat of summer is just as deadly as the cold of winter. Think heatstroke. Most importantly, what steps have been taken to analyze and prove without a doubt, that one person, and one person alone, can adequately care for 79 animals, keep the premises in acceptable condition and take care of herself as well? What steps have been taken to ensure Kapsa has the means to afford food, veterinary care, licensing costs, permit costs, every day living expenses for herself and the animals? If her so-called "breeder" livelihood is at stake and will no longer apply, it is a serious contradiction to allow her 79 animals and expect that she could properly care for each and every animal. It seems apparent that no psychological counseling may be required of Kapsa, without counseling, this plea bargain is a recipe for disaster, history does not lie. Research from the Hoarding of Animals Research Consortium indicates that the recidivism rate is almost always 100% without counseling or medical psychological treatment. We also must question the circumstances where 50+ pugs and other animals mysteriously disappeared before the scheduled seizure, and why Kapsa's veterinarian daughter residing and practicing in another state was allowed to get away with transporting them across state lines, surely there must have been a rush to vaccinate them, particularly for rabies before crossing state lines. Lastly, we remember clearly, Kapsa's statements in December, she had no idea the true number of dogs on her property) * Approximately, 227 dogs, three cats, 10 cockatiels and 11 chickens are in the custody of Yellowstone County. * Since January, the cost of caring for the animals has topped $157,433, according to the county. (This will likely continue to incur, with additional medical expenses, costs for spaying and neutering, vaccination series continuation, paperwork, transportation, supplies, eventual cleanup and restoration of the MetraPark and Moore Lane facilities, etc.) * 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. (Let's also not forget the kittens locked in a barn without food and water. Or, 24+ dead dogs and puppies, found in areas such as under an unsheltered structure, dead puppies shoved in a dog food bag, and dead dogs on top of a manure pile, too frozen to recover all of the bodies. We assume the Montana Department of Public Health and Human Services will address Kapsa's personal living conditions prior to any plea agreement signing and sentencing. However, whom from this department or the DOC has the experience, expertise, or is in full working capacity to ensure the welfare and care of the animals is met? What "state official" exactly, is working in this capacity for unannounced inspections per the plea bargain terms?) * The agreement also requires Kapsa to pay an undetermined amount of restitution. Her ability to pay will be part of the pre-sentence investigation. (This should be interesting, without Kapsa's "breeder" livelihood, how does the court expect her to pay restitution? Will she have to sell her property? Will she then become dependent upon the state for her welfare? Does such a situation not imply 79 animals to be allowed on the property is a clear contradiction in terms?) Perhaps the most important point we could call upon Judge Watters: link > Those who ignore the lessons of the past are doomed to repeat it. Note: Letter-writing should be as brief as possible, yet to the point, and preferably sent by postal mail (emails should be fine, as long as you leave your name, address and/or phone number). Screaming or accusatory tones do not lend to getting your letters read (you can scream on my blog if you must). State your knowledge of the facts of the case as have been publicly provided, perhaps briefly remind of Kapsa's past history with animals, remind about future situations that can be prevented or lessened in severity dependent upon the outcome of this case. Leave your name, address and phone number in your letters for credibility and for contact information purposes; anonymous letters will surely be promptly tossed in the trash. Encourage your friends, family, neighbors or associates to do the same. Pass on this blog post for example, for discussing ideas, or if you just desire support! Honorable Susan P. Watters |
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Because life ain't worth living without the dog who sniffs the guests and the cat who shreds the toiletpaper. All things fun and educational in the crazy world of pets.
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