AlphaTex Dared To Speak Out

December 5, 2011

Most animal seizure/forfeiture cases begin with Trespassing and end with Conversion.  They start with activists who have recruited law enforcement to aid them in invading one's privacy and home, often dragging the media along and allowing them to also freely traipse into your home.  This was the topic of my blog entry To Trespass or Not to Trespass a few weeks ago.  The trespassing is followed by a media blitz by the activists to smear the animal owners publicly and attempt to shame them into silence.  That is usually followed by summary judicial proceedings to rubber stamp thieving of the animals and other property by the government from the true owners.  And THAT is often followed by criminal charges that the government swore it would bring if only the owner gave up their property without a fuss.  The owner having done so, the government then proceeds with criminal charges ANYWAY.  The whole bloody thing is an absolute abomination of "justice".

The case against the owners of AlphaTex Kennels in west Texas is no less of an abomination but they have refused to be shamed, give up their animals, and crawl off in silence.  They have found some great lawyers to assist them too.  Everyone in an animal seizure/forfeiture case most certainly needs to rally the troops because there is inevitably some lunatic like "Daizy" willing to start a hate group like Animal lovers against AlphaTex Kennels within minutes of the media blitz.  People like Daizy don't care about fairness or a fair process.  They summarily "convict" and proceed to spew their hate instantly; no need to wait for facts.  Fortunately, we live in a country where the dictatorial Daizy types haven't won out yet.  We can and MUST fight back against their desire for Star Chamber treatment of these cases.

Last year, the owners of AlphaTex Kennels spoke out publicly in defense of all our rights to own animals without excessive government interference.  No doubt in my mind that doing so is exactly what put them on the Animal Rights Fanatic (ARF) "target list" and led to the recent seizure of their animals.  They spoke out for us and now it is time for us to support them, both in their defense in state court and in support of their already filed federal case which will attempt to regain our rights being so blithely ignored should we dare to "own" animals in defiance of the ARF wishes.

Some of the documents in the AlphaTex federal case are now readily available.

I would especially like to draw your attention to page 5 of the order where the federal judge refers to Don Feare as a "prosecutor" and makes reference to the potential of a "valid conviction".  These 2 terms taken together persuade me that the federal judge has not yet wrapped his head even around the fact that this is SUPPOSED to be a CIVIL case.  That these cases are indeed more criminal than civil AND often followed by further criminal proceedings is one of the very important issues that needs to be sorted out by the courts as criminal cases should and do come with special protections from Constitutions while these cases tend to be summarily decided and then used to bootstrap the later criminal cases.

Jessica Casenave is a young lawyer assisting Paul Holloway in representing the Smiths, owners of AlphaTex Kennels.  Contributions to fund the case against Floyd County, TX (and in support of all owners and their rights) can be sent to: through

Please send contributions through as a "gift" and note AlphaTex on them.

Small donations do add up so please don't hesitate to help even if you can only afford to make a small contribution.

These cases are expensive; well beyond the means of just about any individual.  As usual, the attorneys are trying to cover OUT OF POCKET costs and aren't ensured they will be paid at all for their services.  For all our sakes, we NEED to contribute and help put a stop to these summary proceedings that deprive owners of their most fundamental rights and property.

PS: The Gracia case is still pending on appeal.  Legal process can be slow but we're beginning to make a dent.  The animal owners and lawyers need to hear from us both in voice and dollars.  Freedom is never free.

The owners of AlphaTex dared to speak out, to use their free speech to defend our rights.  That is something we should all be able to do without fear that our property, our animals, will be seized and summarily forfeited to the government to be given to strangers who will profit greatly from them.

Go Back

Those of you crying out for the rights of the Smith's have not seen one dog taken from there. As a rescurer with 2 of these dogs (and 7 puppies born after the mama came to be my foster) I can adamantly say there was rampant abuse and neglect. How many of you screaming for the rights of the Smith's have seen an 18 pound 1 year old Golden Retriever? None of you, it's unheard of, and yet I have one living in my home right now. She is scared of everything but me and my dogs she has now bonded with. She had no clue what a toy or a treat was. She doesn't know how to play or how to be a puppy.

How many of you will fight for her rights? She will never get bigger than a 4 month old Golden. She will never be a mental giant and she will never be bred. The Smith's were trying to sell her as a 4 month old when it is obvious she is an adult dog. How scrupulous of them.

My advice to all of you coming to the rescue of the Puppy Mill owners is to educate yourselves. Look at the videos, read the articles, talk to the people fostering these dogs. Then fight for the side you feel is right.

Don't be so quick to jump on the bandwagon of the big bad government violated the rights of these poor people just trying to make a living. They knew the mill had gotten away from them, but these are not temporary conditions. Dogs do not get mange overnight.

Dead dogs and bones from dead dogs in the kennels, no clean food or water. Conditions you would not tolerate in your home but are okay in the kennel? Think about what you would be willing to put up with and then speak your mind.

I'm not persecuting the Smith's, I'm trying to give you another side of the story to make you think about knee jerk reactions without doing due diligence and research.

Look at the two pregnant Collie's that had litters and only 3 puppies survived because of parvo and distemper.

So many of the younger dogs have died due to Parvo. Preventable and yet not prevented.

@Terry Tell us some more AR lies, we have heard all this before.

@ Terry - It's somewhat ironic, but we are speaking out on your behalf too. You are as much a target as Alpha Tex, or any of the other kennels which have been destroyed in the name of 'protecting animals'.

Oh, it won't happen right away - after all, you are carrying the torch, so you'll be safe for a while. But eventually they'll run out of kennels to persecute, and your turn will come. And when they come for your dogs, they'll be glad to use that 18lb retriever against you. Your protests that she was an abuse/neglect victim you rescued will bear no weight; you will be held responsible.

That will seem very unfair to you, but unless we can do something to stop this travesty, it is sure to happen.

Will you be so supportive of these breaches of justice then ..?

Terry - that's wonderful that you care...BUT you are a staunch H$U$ supporter and you will ALWAYS take the side against the breeders...I know you prefer the word puppymillers but let's be real here. I highly doubt you even have any of the are just a koolaid sipper spouting off. Thankfully THIS time you at least took the time to write more eloquently than normal. But your AR roots are showing.

I guess when it comes down to it and it's YOUR dogs that we're talking about and the show is on the other foot maybe then you'll wake up a realize you've been used by H$U$ to the very end of having ANY pets.

REMEMBER innocent until proven guilty? I know it's hard for you AR folk to do...but UNTIL a court makes the declaration you have no basis for what you are you?

Well this has been interesting to say the least and now I need to clear some misunderstandings. First I'm by no means an AR person. I am a dog lover. I only recently adopted a special needs Golden from a local rescue. I loved her, gave her the best 11 months of her life and have not been able to get over her death yet.

When the rescue called me and asked if I would emergency foster a small female I said yes. That was when I heard about this situation. My involvement is in fostering two dogs that were undeniably neglected.

I have no idea what H$U$ even means. I support the efforts of my local Golden Retriever rescue because I believe they serve the interests of the dogs.

I don't give money without knowing where it goes, as a matter of fact I pay my own vet to see my foster dogs so that I know the level of care is being given by a man I trust and have used for almost 20 years. That money comes out of my pocket and I am not reimbursed by the rescue.

What I can speak about, and will more than gladly debate you on, is the conditions of the 2 dogs and 7 puppies I am fostering from this kennel.

The mother dog, who had 8 puppies (1 died shortly after birth), is around 6-7 years of age and has had at least 10 or more litters of puppies. She had to be spayed because she hemorrhaged while having her first puppy.

What responsible breeder has their female bred during every heat? She couldn't even produce milk to nurse the puppies and I had to tube them every 3 hours for weeks to keep them alive.

You cannot dispute any of these facts because believe me I have a boat load of vet records to back me up, and remember my vet is in no way attached to this rescue nor does he have any interest in this case.

The small female, who weighed 18 pounds and will be a year old in Jan according to the Smith's website, now weighs 40 pounds and has grown to her full height and weight. That would be the size of a 6 month old. Again, this is undisputed facts that can be corroborated by an independent vet.

For the one who accused me of sipping the kool-aid and not even having any of these dogs, funny comments but I'm not lying nor did I have an agenda. I merely as I stated wanted to present a side to those of you sipping the Smth's kool-aid.

I spewed no HERESAY, am in no way connected to HSWT, know no one who works with them and have no real interest in anything but seeing that the dogs I have in my custody are treated well and given the chance to have a good life.

Now if you'd like to put up your real life and education against me that is fine. I merely asked you and your fanatical supporters to consider the other side and perhaps listen to the opinion of someone who isn't persecuting the Smith's, who doesn't know if the seizure warrant was served correctly, nor do I have personal knowledge of what happened the day the dogs were taken out of their care. I am a person who is doing what I can to help the 9 animals I have in my house now.

I want to see them thrive, I want to seem them healthy and happy and taken care of. That's my agenda, if it is contrary to what the rest of you want, well, shame on you.

I'll be the first to call BS on you.
1: in your first post you mentioned an 18 lb 1 year old Golden. you asked how many people have even seen 1.
- you then stated it will be 1 in January. Apparently even YOU haven't seen an 18 lb 1 YO golden nor will you as it now weighs 40 lbs.
2: you blast people for their opposition to your side of what happened yet claim you have no affiliation, knowledge, etc with the groups attacking the Smiths. You can't have it both ways.
Either you don't have affiliation (harboring a dog from that theft would be an affiliation) and speak from that position or you do NOT have an affiliation and therefore are spouting off based on inuendo and allegations. Pick a story and stick with it.

I have not seen the animals taken from Alpha Tex, but I am sure of some things. No matter how well a breeding facility is managed, there will always be animals that can become ill, animals that for a variety of reasons are not their full size for their age, animals that die (as the saying goes: if you have live ones, you will have dead ones), and animals that are obviously not in the peak of health. Does this mean the facility managers were not doing a good job? Not necessarily. When you have numbers of animals, you obviously have some that are old, some young, and even some that are not just right that you have kept out of kindness, and perhaps some that have a disease which you are treating. So, in all fairness, it is simply wrong to vilify any breeding facility based on a few instances of imperfection in the animals, of empty water bowls, of messy floors, etc.

When individuals have little experience with managing large numbers of animals, they are far more inclined to be judgmental about what they see or what they have been told about the conditions in a large facility. It is physically impossible to be everywhere at all times to fix situations in a large facility. You do the routine work of feeding, watering and cleaning and the extra work of caring for any ill, old, diseased animals.

I have seen too many instances of old animals that were well cared for but looked terrible and these animals were used as the reason to claim abuse and confiscate ALL the animals on the premises. In one case, it was a 30 year old horse that looked like it was starving, as most horses that age can look, and when the judge was handed the documents proving the horse's age, he turned his head and would not read them...apparently he wanted to believe the claims of the officials who confiscated all the animals based on this horse's condition. In this case all the animals were "sold" by the society that confiscated them. A Florida case.

Therefore, I don't think one can build a case of abuse based on hearsay, photographs, or even an actual individual instance of an animal that is not as healthy as one might expect. Many animal owners will keep an elderly poor appearing animal out of love for it. Sometimes this is an animal they were given....and this is the animal the animal rights people use to accuse the owner of abuse.

IMO it is important to learn the actual facts before making a decision that someone is an animal abuser. There may be a lot more to the story than what is seen on first appearance.

I tried, I really did, to be impartial and to listen to what you people had to say. I was nice, didn't call names, didn't call BS on those of you who have never even seen one of the seen dogs in person, but I did not come here to be verbally abused by you. So I am no longer going to comment on this site, I will hope that none of you are pet owners because I would hate to see the conditions of your animals. I will continue to love and care for the dogs I have who have undeniably been abused and neglected.

I will hope that the owners of this so called kennel lose these animals forever and are never allowed to breed dogs again. No animal should be made to suffer like these dogs have suffered.

Before you think I'm speaking of just the two I have, rest assured I am speaking for others. We fosters have spoken to each other, trying to find ways to deal with the various issues these dogs face mostly due to never being socialized nor having any kind human contact.(this is not a typo, I literally mean that have had no kindness shown them by a human. Throwing food on the ground and splashing water in a bucket covered in algae is not kindness. Being sprayed with a hose for barking is not kindness. God help any of you who think it is).

If one of you people commenting have any of these dogs or have ever purchased a dog from this kennel then speak out about that. Otherwise you are spouting your own heresay based on no facts whatsoever. At least I have facts to back up my story.

Awwwww, Terry took his ball and went home.
Guess they couldn't handle being called on their BS. Pity. I was hoping for a spirited discussion