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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 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 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
Posted by: jn at 1:24PM MT on July 9, 2009
At least in Billings, MT.
Kapsa pleads "no contest". I make no reservations for the headline. Neglecting the basic needs of animals who entrust you with their lives, allowing them to starve, freeze to death, and allowing them to suffer gruesomely from preventable and treatable disease is unconscionable, and in my opinion comparable to murder of the innocent and defenseless.  Sure, the result of a plea bargain speeds up the process of getting the dogs into loving, caring, responsible homes and god knows they deserve that. It also eases the burden on the taxpayers to avoid trial costs and extended costs for caring for the dogs. That's the only decent thing about this. But the message is clear to current and future animal hoarders (or puppy mill operators) in Montana. Plea bargain your way out of it and relax. Absolve yourself through whatever means necessary; have no fear, the community will clean up your mess. If you follow the rules and promise not to sue, sign on the dotted line, you're free to go. Never mind the angst, the fear, the sickness and death before them, if you promise to behave, we'll let you have a few more animals to place their trust in you once more....  (images courtesy Big Sky Pet Center, Rob Bruner, DVM)
Posted by: jn at 1:23PM MT on June 27, 2009
The Pet of the Week in today's Gazette, notes YVAS is (finally) offering "special summer adoption rates" for cats and kittens.
Too late for June's Adopt-A-Cat Month, but I (we) and the cats should be grateful for any reduced adoption fees at all, given the sheer number of cats and kittens they have right now. But, why not a notice placed in a prominent section of the Gazette? I've always felt the "Pet of the Week" section is buried in the paper, how many people actually see it? What if they don't subscribe? What if they don't have access to the online edition?
In any event, despite my last experience, I braved a phone call:
Adult cats, if already spayed or neutered, are adoptable for $25 (what a great price!) and if not spayed or neutered, adoption fee is $50.
Kittens, if already spayed or neutered, are adoptable for $75. Kittens who are not spayed or neutered are available for an adoption fee of $100, but there is a $25 refund to bring them back to the shelter (if underage) for spay/neuter (which means total cost is $75). Even if you choose your own vet to spay or neuter, you will still receive the discount, at least that was my understanding, you might want to call, yourself, to confirm.
The assistant director was uncertain at this time about reduced adoption fees for puppies and adult dogs, so call, visit, find out, if you're interested in adopting, as she just this week decided to focus on cat and kitten adoptions. She said they have very few puppies at this time. She was also uncertain how long the reduced adoption fees would remain for cats and kittens.
Please remember, folks, reduced adoption fees are not intended for people to get pets at reduced fees and not follow up on proper care and veterinary care for the life of the pet. Pet ownership is a responsibility, not a luxury.
To see adoptable pets, you can see photos (some photos are not up) at www.yvas.org/current_guests.php , but nothing is better than a physical visit to interact with the pets.
Yellowstone Valley Animal Shelter
Posted by: jn at 5:22PM MT on June 26, 2009
If you're going to dig a hole, make sure you dig it deep enough in which to shovel all of your #### into it.
http://www.montanasnews.tv/articles.php?mode=view&id=14898 I won't ask my readers to suffer through the video (all 44:20 minutes of it), instead, I'll just point out that they're getting personal. At least for a Gazette reporter, the manager of the dog case operations at the Metra, and the tireless volunteers. Kirk D., if you're reading, don't worry, I'm keeping my sanity in check :) In the first segment, (at 2:23 minutes into the video), Donald Cyphers and Linda Kapsa accuse the Billings Gazette, namely, reporter Greg Tuttle, and his camera person of "not printing fair, true, accurate statements" of what resulted in Kapsa's June 17 interview with the Gazette . Kapsa now denies she is back in business, and explains that one of two of her dogs "was already bred"; the other "was locked up and ripped up a latch on a door and got out and got bred, and she has 4 puppies". She said, "I could have bred 6 other dogs, but I didn't".  In the second segment (at 11:33 minutes into the video), Cyphers interviews one of the original volunteers working with the dogs, Jenny Dolan, who apparently is a disgruntled volunteer, she alleges: Catherine Schaeffer bought tons of cans of Fancy Feast Cat food to "deworm" the dogs, and the supply suddenly disappeared one day. Dolan also alleges "Schaeffer told the volunteers to keep silent anything said between workers and volunteers at the Metra since the public didn't need to know about the operations". About two months after the operations started, Schaeffer obtained a shelter relief fund for dog food which enables them to get the food for free, the shelter fund is sponsored by Hill's Pet Nutrition (the dog food is Science Diet). Cyphers goes on to say the county is ripping off the taxpayers with their claims of the costs for food. Dolan further alleges: "No one knows where all the donated money is going, since the volunteers are paying out of their own pockets for some things" that are needed.  (Then, there's an assumption of conspiracy because Schaeffer suddenly bought a new truck, and Dolan wonders where she got the money to pay for it). Cyphers holds up pictures of donated items that he alleges the county and Schaeffer threw away (the donated items appear to be tarps used for shade for the dogs, that Dolan donated). She claims Schaeffer and her right-hand person, Georgia Peters, threw the items out as trash. Dolan claims "dogs are being refused medical treatment". (Cyphers alleges veterinarian Dr. Rob Bruner is rarely ever at the Metra to inspect or care for the dogs). Dolan alleges a bar-b-que was held for the volunteers but Dolan didn't attend because Schaeffer had "kicked her out". Cypers then claims approx 45 volunteers have been fired, "over asking questions or noticing things that weren't right". Two volunteers wrote or called the county commissioners, but they "did not want to listen, they didn't want anything to do with it". Cyphers and Dolan claim that Deputy County Attorney Ingrid Rosenquist "has been at the Metra on several occasions and has also told volunteers to be quiet, therefore she is hiding things that are going on at the Metra". Cyphers claims "some of the volunteers have been physically threatened as well as verbally threatened" (but not before his usual spiel about Rosenquist being a fanatical animal rights activist, which he calls FARK, but couldn't explain the acronym). Dolan alleges that Schaeffer's right-hand person, Georgia Peters, physically assaulted her after Dolan requested a sheriff's deputy accompany her to the Metra so she could recover the tarps thrown away by Schaeffer, but when asked to explain, it is clear Georgia Peters in no way, physically assaulted Dolan. Cyphers then claims that "volunteers are scared to go to the Metra in fear of being physically assaulted or abused by Schaeffer or Peters". Dolan also claims "that sawdust, straw and hay is moldy and not replaced, that pipes have been frozen and that dogs go without water". Cyphers claims "there is a hostile environment, people are in fear of being beaten up apparently by Catherine Schaeffer". Dolan says she talked to the sheriff's department, asked for a meeting to explain her side of things, met with two of the deputies for two hours, but Mike Schieno only "offered her a deal" in which, "he would let her take care of two dogs (as opposed to the ten she was previously working with), and work in an environment where she wouldn't have to deal with Schaeffer or Peters" although Dolan never says she will take the deal. Cyphers then portrays that "the MNA has done undercover operations down there on multiple different scales" and that Dolan's statements "can be validated as MNA's reporters have seen for themselves".
Posted by: jn at 11:34AM MT on June 19, 2009
 Kansas City -- The owners of a pet-food company implicated in the 2007 recall that is estimated to have killed about 4,000 pets pleaded guilty to some of the charges leveled against them. Sally Qing Miller and her husband, Stephen S. Miller, of Las Vegas, were indicted, along with their company, Chemnutra Inc., in 2008 for their alleged role in the 2007 pet food recall. Chemnutra buys food and food components from China, then imports and distributes those foods in the United States, according Matt J. Whitworth, acting U.S. attorney for the western district of Missouri. The Millers imported more than 13 shipments, totaling 800 metric tons, of wheat gluten tainted with melamine between November 2006 and February 2007, Whitmore says. The tainted wheat gluten was then used to make various brands of pet food -- 150 brands of which were later recalled, but not before an estimated 1,950 cats and 2,200 dogs died from eating the tainted food. The Millers and their company each pleaded guilty to one count of selling adulterated food and one count of selling misbranded food. They Millers are subject to up to two years in federal prison without parole, plus a fine of up to $200,000 and restitution, according to Whitmore. Chemnutra as a company is subject to a $400,000 fine and restitution. China was also implicated in melamine-tainted baby formula that killed six infants and made thousands of babies sick with kidney stones. The former company chairwoman was jailed for life and fined $3.6 million for her role in the scandal. In 2007, Menu Foods recalled 60 million containers of cat and dog food after animals died of kidney failure. The FDA alone had received more than 8,000 complaints. Sentencing hearings have not yet been scheduled. U.S. attorney's news release The Associated Press has more about the case
Posted by: jn at 2:58PM MT on June 13, 2009
To promote her “Nutrish” line of packaged dog food, Food Network's Rachael Ray published a recipe intended for human consumption in a popular dog lover’s magazine (Modern Dog Magazine, Winter 2008/2009 Edition). The recipe, “Isaboo’s Butternut Squash Mac and Chedder” was inspired, states Ray, by her pit bull Isaboo’s love of squash. But readers were confused and believed the recipe, which included an ingredient that could potentially kill dogs, was intended for dogs.
Posted by: jn at 11:26AM MT on June 12, 2009
Within the first week of June, the assistant director of YVAS learned everything she wanted to know (and didn't want to know) about the national event, Adopt-A-Cat Month, or in animal shelter-speak, better known as Adopt-A-Shelter-Cat Month. But not before I explained it to her (you see, when asked, neither she nor any other employee even knew what the event was).
Not that it mattered, not one little bit. I won't go into the long and sordid details, but suffice it to say, an interesting "conversation" ensued, and then, I was promptly hung up on. How dare I ask if any special event has been considered for the 78 cats awaiting responsible loving homes. How dare I waste someone else's time asking this and other questions. How dare I assume, she, the assistant director, should be burdened with this or the multitude of tasks bestowed upon her. I'm not sure exactly when is the best time to address a question or concern to the YVAS, or when to expect an email inquiry or phone call to be returned (apparently, never), but please, if you want to live, do not, I repeat, do not call on a weekend, and moreover, do not expect to reasonably communicate with the assistant director (or whomever answers the phone before it is handed to the assistant director), unless you are prepared to have your sentences interrupted repeatedly, and to be yelled at, and to be prepared to march yourself right down to the shelter immediately to see if you can do the job better. Nonetheless, it was eventually revealed to me from the assistant director that there was no real "structure" in place yet, that they have been without a director for some time (um, I was aware of that), and that there was no real volunteer force in place yet, despite "a pile of applications on the desk". Apparently, they have no one designated to interview, no one designated to train, and the assistant director was clear that she did not know to whom that job fell upon. Apparently, it wasn't the assistant director. I was asked to whom did I think that job belonged to. I suggested in absence of a director, perhaps the assistant director or another designated employee. I attempted to suggest other remedies for various things she was talking about (or should I say, shouting about), and managed to get a few words in edgewise, such as taking my request for that special kitty event, and her own issues up with the board of directors. (Gasp!) Needless to say, when I spoke with her, she was clearly frazzled, and I almost apologized for calling on her on a weekend, until I remembered she never answered my original question, what about that special event for the cats (in which I offered several ideas and was fully prepared to help and support such an event)? (Gasp!) And so, I asked that she bring up this request (and address a couple other issues) to the attention of the board of directors. Apparently, that task is not in the Assistant Director's job description. I don't want to sound overly-critical of the staff at YVAS just yet. After all, I supported, and still do, their desire to succeed and to reach their goals. I will continue to support them as long as they can show the public direct results. I forgive the fact that they have been without a director until now, and I forgive some shortcomings with the realization that these things take time with any transition. Maybe it's not even a forgiveness issue, maybe it's just simple understanding. I've even considered that perhaps Ms. Assistant Director might be having a bad day or was just simply in a bad mood. I do not, however, forgive lack of clarity in the answers for questions asked, and being accused of taking up someone's time because that someone failed to answer the question(s) in clarity in the first place. I do not forgive the lack of foresight and planning that may have helped YVAS considerably in placing their cats into new homes (and of other rescues who might have benefited as well). And, I don't forgive the way I was yelled at and accused of "not understanding", simply for asking questions and offering input. I reminded Ms. Assistant Director that communication failed with the last BAS, I hope it doesn't fail with the new YVAS. I reminded Ms. Assistant Director that all she need do is inform and ASK the public for help, if it is needed (I suggested remedies for that). I reminded Ms. Assistant Director that the public is watching, lest she forget that, and that transparency was necessary to communicate the needs to the public, in order to succeed (I suggested remedies for that as well). To be fair, although frustration with the assistant director is putting it mildly, I admit that my voice raised a few times as well, not out of accusatory nature, but so that calm communication could remain civilized and maintain the decorum. My attempts failed. I failed. I've had time to think about it now. And I find myself asking these questions, no longer of Ms. Assistant Director, and not to focus so much on the negative, but to look for solutions, and I ask them of you as well: What can we do? What ARE we going to do? How CAN we help? How can we help get 96 beautiful, wonderful cats out of the shelter (and other shelters) and into responsible homes? How do we effectively get the community to respond?
Posted by: jn at 3:32PM MT on April 11, 2009
Judging by the statement by Nutro, could it be the new limitation of distribution of this product by vets and specialty retailers is due to their past claims that pet owners don't properly know how to supervise their pets? Or choose the proper size of the product for their pet?
Let me get this straight, "well-trained and knowledgeable staff" at pet stores know more about the owners' dogs than the owner? I'm all for proper use of products for pets, and granted some pet owners don't always have the light on upstairs, but this seems to be a lame excuse for manufacturers to absolve themselves the responsibility of a potentially faulty product, yet blame the consumer for not using it "properly". I guess proper labeling isn't enough anymore, now you must have your vet or a specialty retail store staff instruct you on giving your pet a dental chew, biscuit or pill pocket. Apr 11, 2009 DVM Newsmagazine Nashville, Tenn. -- Nutro Products Inc., the makers of Greenies® treats, announced April 8 that the Greenies line now will be sold exclusively through veterinary hospitals and pet specialty retailers. "We believe that pet medical professionals at veterinary hospitals and well-trained, knowledgeable staff at pet specialty stores are best equipped to answer pet owners' questions about our products and to make the right recommendation," says Carolyn Hannigan, vice president of marketing at Nutro. The change affects all Greenies lines, including dental chews, smart biscuits and pill pockets. Related Link .... Greenies.com S&M NuTec, LLC is the trademark of Greenies and is a subsidiary of Mars, Incorporated. Mars, Inc. aquired Nutro Products, Inc. in 2007
Posted by: jn at 11:26AM MT on April 9, 2009
Veterinary surgeon marks second year of successful website and pet health e-newsletter.
Phil Zeltzman, DVM, Dipl. ACVS, is a small-animal, board-certified surgeon at Valley Central Veterinary Referral Center in Whitehall, Pa. who helps pet lovers find reliable information through his website, www.drphilzeltzman.com. To provide additional trustworthy information, Dr. Zeltzman writes a free weekly e-newsletter. It is read in all 50 States and 15 countries. The title of the 3rd anniversary issue, due on April 10, 2009, is “10 tips to help your pet live a long life.” Read More...
Dr. Phil Zeltzman is a board-certified veterinary surgeon at Valley Central Veterinary Referral Center in Whitehall, near Allentown, PA, in the Lehigh Valley. He performs surgery on dogs, cats, and "exotic animals." He manages his own website, www.DrPhilZeltzman.com, which provides reliable information to cat and dog owners. He also writes a weekly newsletter for true pet lovers, which you can subscribe to for free on his web site. Dr. Zeltzman had wanted to be a veterinarian since the age of 5 when his favorite TV shows were Flipper, Daktari, and Lassie! "Becoming a surgeon has been a dream come true and I am as passionate about my profession as I was when I first started," he says. After graduating in 1993 from the University of Liege, School of Veterinary Medicine in Belgium, Dr. Zeltzman simultaneously worked as a general practitioner, emergency vet and journalist for 3 years in his native city of Paris, France. He completed a 1-year internship at the University of Georgia, then a 3-year surgical residency at Surgical Referral Service in Buffalo Grove, near Chicago, IL. Then he worked as a surgeon in a surgical practice in Cincinnati, OH, for 4 years. Since 2006, he has been working as a surgeon at a specialty practice in Whitehall, PA. In 2007, he became a Diplomate of the American College of Veterinary Surgeons, a much coveted professional achievement. He is a certified surgeon for the Tibial Plateau Leveling Osteotomy (TPLO) and has performed hundreds of these procedures. The results have been very impressive. His interests include all aspects of soft tissue, orthopedic, cancer, reconstructive, and neuro-surgery, as well as physical therapy and emergency cases. In practice, Dr. Zeltzman's goal is to offer the best surgical care, the safest anesthesia, and the utmost pain management to patients. As an author, his goal is to write meaningful articles, stories, and books that will make a difference in the lives of pets and their owners. He has published numerous articles in national and international veterinary journals. He is also a prolific speaker, and is currently working on several book projects. Dr. Zeltzman is an 'expert' for dogtime.com and a monthly contributor to Veterinary Practice News. |
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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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