8:10 AM: I have added an update at the end.
A full day of hearing on this the biggest animal seizure case in history and only one news report is showing up in my searches and that report only covers half the days’ testimony. How sad is that? Well, I’ll run with what little is available…
Arlington Animal Control supposedly found a little over 600 dead animals in the seizure raid last Wednesday. At least 1,000 animals have died in Arlington Animal Control’s care since then, in less than 6 days. Given that they moved them in near freezing weather, should we be surprised? Of course, they will allege it was the existing health of the animals but I can’t help but think this massive move under such circumstances couldn’t but be detrimental. It seems so inappropriate to me for those who claim to be saving animals to handle them more poorly than those they are accusing of neglect and abuse.
“Dr. Janet Martin, brought in by the city…” Hm, She’s not licensed as a veterinarian under that name in Texas according to my TSBVME website search. What, we don’t have a qualified veterinarian in the entire state to testify in these local cases?
“Dr. Timothy Tristan, a veterinarian brought in by the city…” Oops, there’s one. He was brought in all the way from Corpus Christi to Arlington. He practices at VCA Oso Creek Animal Hospital and Emergency Center, Corpus Christi, TX, and has been there since 2003. From his picture, I’d guess that’s about how long he’s been licensed too
Welcome to the new veterinarians and their skewed view of pets; I’m thinking. Well, I’m glad I’m not in Corpus Christi because I certainly want to avoid veterinarians who are willing to testify for these new over the top animal control folks. VCA gets a dink against them in my book too.
Arlington AC is having to bring people in from 400+ miles away. Why? It tells me something is wrong with that picture when there are plenty, PLENTY, of veterinarians in exotic animal practices closer upon whom they could have called. If you have local experts, there’s no reason to go to those lengths unless you’re having trouble getting someone to say what you want and that’s a sign it may not be such a great expert. But, hey, it’s Arlington’s money they are spending. I guess this is what the citizens of Arlington want their tax dollars spent on, importing experts to testify. You guys know that experts charge for travel time, right?
But I’m guessing these are a couple of people the folks at Arlington AC knew would be on their side because they do indeed know them. Gotta get your buddies paid whenever possible. Right?
“Martin also said that all of the animals tested so far had parasite infestations.” So? Every human I know has parasites too. What kind of parasites? What problems do they cause? What problems ARE they causing? If it were a dog and it had a flea or a worm, it would be a “parasite infestation” to these twits but there’s a huge difference between a roundworm infestation and a heartworm infestation with a heavy load!
“Tristan said that even in a holding facility, the animals would need food and water.” Once again I reiterate that this isn’t my area of experience and that I think animals should have food and water BUT how often and in what form is species dependent. I read that “snakes repeatedly spend weeks and even months between meals”. They do need water but how readily available I don’t know. I do remember stories of them in airplane cargo holds surviving quite nicely despite lack of water or any other resources and despite extreme cold and pressure of high altitude flying.
And then there are tarantulas that can also go for long periods without eating and who get the majority of their water from their food rather than separately. It is we humans who have it in our heads that we should eat 3-5 times a day until we blow up like balloons. Most animals eat when they have opportunity and are hungry and are quite accustomed to going for lengths of time without food at all.
“But Lance Evans, an attorney representing the Shaws, said that the animals were captured in the wild and could have arrived with the infestations. He also said that the company is a wholesaler and that the animals weren’t housed for public display… Evans reiterated that the facility was meant to hold the animals for only a short time. He said that the city hadn’t shown the length of time the animals had been there, whether they had just arrived or had been there for a day or longer.” The City has the burden to prove this case and, if they don’t address all possibilities, they simply haven’t met their burden. Period!
“Testimony continues this afternoon. Smith is expected to rule Tuesday…” Wow! 26,000 animals seized; less than 72 hours until the hearing started. 1½ to 2½ days of testimony and a municipal court judge decides the fate of the remaining animals probably valued at upwards of $250,000. Forgive the brevity of my treatment in this update but there are SO, SO, SO many things wrong with this picture!!!!
“nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” Due process is rooted in the concept of fundamental fairness. Justice of the peace and municipal courts were designed to handle small cases. Small claims limit is $10,000 and municipal court jurisdiction is generally $2,000*. Yes, the legislature has expanded their jurisdictions and that includes to specific types of cases regardless of dollar amounts but does it seem the least bit reasonable and fair to try a case of this magnitude in a court that is generally limited to $2,000? These courts are also limited to cases that do NOT involve potential jail time. Yet these animal seizure cases are indeed the predicate to criminal cases that could carry stiff jail time and these seizure cases are used to coerce pleas in those cases or to bootstrap them into near slam dunk convictions. Again, does that seem the least bit reasonable or fair? Then you have one of the designated custodians of these animals already implying that these animals should go to zoos and similar locations. How is that not a taking for public use? These animals are quite valuable and, if the City is awarded custody of them, they should darned sure be sold to recoup the cost of this debacle. But then I come back around to the fact that the City doesn’t seem to have come even close to proving the elements, of making its burden. Still, I can’t but help worry for the business when such a significant decision is left to such a minor court. I worry too for the animals after being moved in such a way, secreted away, held and “cared” for by people who apparently have so little knowledge and experience or understanding that they would willing participate in seizing them in near freezing weather, in stressing them so…
“The animals were seized Tuesday after an undercover worker for People for the Ethical Treatment of Animals tipped authorities to conditions.” Tipped? TIPPED??? I sure hope that and the title of this article show the hand of an editor because, otherwise, I need to take back my kudos to the reporter and assume she’s one of THEM when she puts that slant on the story!
*Yes, I know that $2,000 isn’t shown in the chart. I’ll be getting you all more on the teeny, tiny Texas courts making this gargantuan decisions shortly. It’s an important subject and I didn’t want to short change it by rushing my draft to publication.
UPDATE: The Star-Telegram story did get an update during the night. Read it here.
"Two hundred a day since you guys seized them with 24 people caring for them 12 hours a day?" Evans [counsel for the business owners] asked. "You’ve got more dead in five days than the total you had when you went in there." I couldn't agree more!
"Dr. Timothy Tristan,... At least 80 of them were euthanized." Ah, yes, the killing begins as it always does with these groups. We owners are to go to extraordinary lengths to save every animal or face charges of neglect or abuse if we didn't but it's perfectly OK, good in fact, for them to decide it's just too much trouble to "save" so they are fast to euthanize. (Ever notice how rare it is that we get final disposition numbers from them. They beg for money to care for the animals and then... silence. You may see them up for adoption or you may not but you certainly don't see a final accounting of the animals, let alone the dollars, after these seizures.)
"Tristan said many of the animals at the business were already being kept at inappropriate temperatures, including some iguanas and snakes kept in areas at least 40 degrees below what they require to function." That's interesting since earlier reports were that they were kept in 70 degree temps which was alleged to be too low.
Now let's just say they should ALL have been at 95 degrees (after all, we aren't shooting for fried snakes and lizards, are we?). Let's pretend. That means Dr. Tristan is alleging they were at least below 55 degrees. Damn sure isn't what the "humane" folks were saying on the day of the seizure although I have absolutely no doubt ALL these animals spent well over 12 hours at that temperature because they had the damned warehouse doors open to the outside where it was indeed at least that cold and then transported them in trailers which I seriously doubt had any heat in them.
Anybody else a fan of Fox's new show called Lie To ME?