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What Judge Susan Watters Needs To Know
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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