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: Jessica@caprocklawyer.com through PayPal.com

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.

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Terry,

Many of those who have replied, and certainly myself, are also animal lovers, and work in rescue. I have rescued many an animal that was abused or neglected. I was one of the first to pull and foster a dog after abuse became a felony in Texas. It is one thing to assist in rescue, and to be available as a witness to a seizure. It is another thing to personally and singularly attempt to try the case on social media before the accused have their day in court. As was mentioned in many of the posts...the least, the most guilty...among us...deserve the benefit of the best defense available. They are INNOCENT until proven guilty. If these people can not be held accountable by our judicial system without the benefit of "your" help...we are all in grave danger. In addition, since I have been party to lawsuits involving animals...one of things I know for a fact, is that attorneys, for either side...abhor this kind of manipulation in the public. It can destroy a case. But you know best...so...

"For some peculiar reason, people seem to think only direct threats can get them into trouble. I have news for them. Round about threats like this one can land you in the middle of a legal nightmare too."

If you wanna waste your time and money on someone you don't even know stating their opinion, go for it. Personally, I don't take advice from has-beens who have been banned from practicing law. Obviously you don't know as much as you think you do, or you wouldn't be in the sad little situation you are in. You make me giggle, and I hope my comments continue to bother you. It was posted, what? A month ago? And you're still whining about it. Pathetic.

Oh my goodness! I can't believe what I'm reading! First and foremost this blog is about the VIOLATION OF OUR CONSTITUTIONAL RIGHTS! As citizens of the USA we should ALL be up in arms about how this was executed. Rescues are not immune, Terry I fostered FOR THE CITY one time and they came to my house the DAY AFTER I pulled to foster FOR THEM to cite me for over limit, I had 7 dogs instead of 5 and 5 were theirs! I asked them to take them back then and they REFUSED and said if they did they would be killed... IS THAT WHAT YOU ARE SUPPORTING? I also love the "slang" no one responded to anyone in such a way and the only name calling and threats seem to be coming from the AR side of things, but hey let's not look in the mirror or anything. I am NOT 50 nor any where near it, I DO rescue, I AM a Constitution loving AMERICAN and I support AlphaTex's right to due process! Terry I have a really hard time believing your story since I've never seen your name pop up on the rescue boards that I belong to, I have a difficult time believing your story because of the fact that your story seems to change here and there as need fit. You can have a poorly bred dog come from two show quality dogs. I had a 35 lb english bulldog recently that was a year old Stud and Bitch were grand champions, she was just a runt. She could not be bred because she was so small, so they gave her to me. She was a great dog, a happy dog. MOST dogs under the sheer duress of being seized and moved about will display signs of stress. It's just what it is. I have a yorkie, my own dog, not in my rescue that is extremely shy with strangers, he is home with me all day, is fine with my other dog and myself and family but is leary of others, did not come from a "mill" nor has ever been abused. Do you all live under the same rock? If someone would like to threaten me, Please do so in writing, I personally like the evidence when I execute my rights.

I want to keep it simple....regardless of the crime, accusations etc., the rights are important. You folks are making the decision that the crime or care of the dogs is so heinous that they shouldn't even be considered.
Jeffrey Dahlmer committed horrible crimes, Bernie Madhoff committed horrible deeds, Ed Gein committed horrible crimes. They still had these rights.

Heather January 2, 2012
Sadly what most opposers are dismissing is the fact that no ASPCA, HSUS or Animal Control Agency - EVER, EVER seizes "animals" that are well looked after.

Heather,
perhaps you need to look closer at the history of Animal Raids. All too often ASPCA, HSUS and even ACO's steal animals that are NOT in bad shape. they will raid areas where they can make the most money.
Are there animals that should be removed from the owners? Absolutely. We have laws that govern the raising of animals and livestock. we also have a multitude of laws that govern what criteria must be met before you can deprive a person of their property. I mean Hell, if I pushed hard enough, I could make a case for brushing out cats and dogs as being abusive and harmful. That doesn't give me carte Blanche permissions to steal other people's properties regardless of what a corrupt JP might think.

As a person who loves animals and knows it is hard to care for large number of animals, have yet to see facts to support either side of this story. I have heard stories from both sides until I see proof I will give the kennel owners the benifit of doubt as I have lost a dog due to a neighbor calling a shelter because I left town for two days and the person I hired to come care for my animals did not do thier job. I did not have the money too fight them and get my animals back. I am a foster for my local shelter, and have seen animals in poor health. Even with large number of animals they should be cared for properly, if you can not do this on your own you should hire help or volunteers. As far as animals being sick or dead. Any animal on the property sick should have vet records showing they are being treated. As far as dead dogs thier is no excuse for rotting bodies, if they di

Sadly what most opposers are dismissing is the fact that no ASPCA, HSUS or Animal Control Agency - EVER, EVER seizes "animals" that are well looked after.
As a matter of fact, there are more compliants that animals - weren't seized and allotted time to repair/correct or clean up....

They don't just walk into a facility and start taking~!!!! There is a procedure that needs to be followed
- "if" they feel that somethings need to be changed/corrected, then they allot a certain amount of time to make the changes and come back for an inspection.... to assure the corrections have been made.
- if they feel that the situation is out of control, they seize!
I realize that many may know the Smiths or are the same multi-fashioned breeders and are defending them, therefore emotions are high... but remember, dogs are suppose to be bred to be - sociable family pets - they aren't to be manufactured!!! They aren't products.
New law changes that will come into effect, won't come as a surprise to some, but to others it will come as a shock as laws change to hinder Breeders from "manufacturing animals" The trend is not half as popular as it use to be and breeders who live solely off of breeding will be forced to get jobs - real jobs.
Stats clearly show that 4 in every 5 bred animal ends up in a shelter or a breed specific shelter - do breeders give a rats ass about that? No, all they care about is getting paid - however, tax payers who are paying for AC & euthanasia - do care!
Breeders should not be permitted to breed more than 5 animals a year and not more than once a year - each puppy born should be immediately registered and Vet checks to verify that the pups are healthy and that the female is being bred according to law - get over yourselves people, there is no market for them anymore and those who breed on farms, shoot, burn & bury the unwanted... then breed more!
The Smiths have seemingly lied to paint a pretty picture and nobody likes their business poked into - if there's nothing to hide, then there's nothing to worry about...
Fact remains that it doesn't matter how many customers come forward to say what lovely dogs they got from them, what matters is how they are "produced" and the conditions they live in... that's all that matters!

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.
Let us just say this could be true. It would be good if we heard it in court and not by rumor. I believe what we are talking about is a right to trail. It has almost come down to human rights for animal owners when we find so many of these cases are going to trial for illegal tresspassing, for falsifying facts on a warrant and in those cases it is sometimes thrown out because in essense the tresspasser is the "criminal". It simply has turned in to a witch hunt how believe that animals need not to be in the cold or heat and on and on. Think about it when dogs become illegal and are set free, and out of human hands, out in the woods, well there exists a jungle and I would give my dog's life maybe 4 or 5 weeks if he had to compete on the food chain with other animals in the wild. They will not fare as well, and it will not be pretty. To think that Feare was brought in as an attorney in this case is demeaning to what many would like to think the justice system should be. Just wonder where all of tomorrows dogs are comming from in the future?



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