HSPCA Judge Shopping & Prosecutors Prefer Star Chambers?

“Some of these incredible Macaws are extremely valuable and specialized animals”   We’ll come back to that.

Beth Lockwood, the executive director for the local SPCA, said her organization had hoped to keep the birds.  "My hope is that Lynn takes very good care of her birds and that we don't have to seize them again," she said.

OMG!  Where does that level of arrogance come from AFTER a judge has just told you that you were WRONG and ordered you to GIVE BACK the animals you seized?  How dare you virtually threaten to do it again??!!  And yet I've seen similar statements from the humaniacs who thieved Mr. Christiansen's dogs and from those (you know, that's SPCA of Texas) who have thieved livestock in North Texas and then were ordered to return them.  It may be time to just go back to hanging (well, technically, lynching) animal thieves and be done with it!

Lynn Andrews is a breeder of exotic birds who keeps breeding birds and other pets in her home. Lynn is licensed and regulated by the Florida Fish and Wildlife Conservation Commission.

Lynn left for the weekend of September 9, 2006 to attend a two day bird fair. Prior to leaving, Lynn made arrangements with a friend, Cheryl Sawyer, to come feed and water Lynn's birds, service their cages over the weekend, and check on newly hatched chicks in the nests. Lynn's teenage son, who stayed with his older brother for the weekend while Lynn was away, was also to come to feed and water the other animals.

On September 10, 2006, while Lynn was away from home, on a "tip" from a hostile neighbor who has filed many unsubstantiated complaints against Lynn in the past, Pinellas County Sheriff's Deputy Amy White went to Lynn's home to investigate barking dog complaint. Deputy Sheriff White, finding nobody to answer her knocks at the front door, nevertheless went through gates and entered the home through a back door which she claimed was ajar.

Upon entering the home Deputy Sheriff Amy White saw Lynn's birds, and she called Animal Control. Deputy Sheriff Amy White was apparently not aware that the Florida Fish and Wildlife Conservation Commission has jurisdiction over exotic birds and licenses exotic bird breeders and made no attempts to notify the Florida Fish and Wildlife Conservation Commission to investigate to see if Lynn's birds were properly cared for. Although an officer from Animal Control Officer came, they took no action.

Undeterred, Deputy Sheriff Amy White, who apparently has no knowledge of breeding of birds, then called the Pinellas County SPCA, to come to seize all of Lynn's animals, including the birds, two dogs, a rabbit, and a turtle, on the claim that they were neglected and in distress. Most interesting was the failure to even investigate any of the conditions including an allegation that the dogs were chained by Lynn and did not have adequate water available, when the dogs were chained up at the insistence of Deputy Sheriff Amy White. The seizure of all of Lynn's animals was unnecessary as was later determined by the Judge Dorothy Vaccaro after a full trial...

The SPCA claimed the son, birds, and other animals were in distress and needed to be rescued from Lynn, without really investigating the matter and discounting breeding expert Frederick Smith, regional director of the AFA.

R. Michael Robinson, attorney for Lynn, obtained two expert witnesses, Frederick Smith, an establish bird breeder and Regional Director for the AFA, and Dr. Margaret Wissman, a Board Certified Avian Veterinarian, who testified at the trial that based upon the testimony, over 50 photographs, and veterinarian records to establish by clear and convincing evidence that Lynn's birds were properly cared for by Lynn while they were in her home and had not been neglected or abused as alleged. Testimony was presented to show that some of the birds were injured during the raid and transport to the SPCA facility, and that other birds later became ill while in the custody of the SPCA due to their care. During the raid, cages and nest boxes were overturned, fertile eggs were destroyed, and baby birds suffocated in their overturned nest boxes. Testimony was presented that SPCA personnel had virtually no knowledge of the proper care and maintenance of exotic birds, that they fed the birds unsuitable food, that they were unfamiliar with bird diseases, and that they used improper cleaning methods for the birds (i.e. they used bleach to disinfect their bird holding area and that the fumes from the bleach damaged the birds' sensitive respiratory systems).

On December 13, 2006, Judge Dorothy Vaccaro ruled on the Petition to Grant Ownership of Confiscated Animals on each and every animal, (101 birds, 2 dogs, 2 turtles, and 1 rabbit) in Lynn's favor and dismissed the SPCA's petition and denied the SPCA's request that Lynn never be allowed to ever own animals again, and ordered the birds and other animals returned to Lynn. Judge Dorothy Vaccaro ruled that Lynn was not neglectful, and that Lynn was entitled to have her birds and dogs.

The Pinellas County SPCA, despite losing on every count in their petition, was, and still is, attempting to charge Lynn for the care of her animals which they held hostage while they tried to prosecute her. As of this date, these "charges" exceed $6,000.00 according to Jeffery Jensen, one of the attorneys for the SPCA. This is a tactic commonly used by prosecutors against animal owners in an effort to force the animal owner into compliance with the demands of the prosecution. The Pinellas County SPCA seems to think that even though they were found to have wrongly seized the animals, and have lost their petition to take permanent legal custody of the animals, they are entitled to have Lynn pay their inflated charges for the care of the animals and for veterinarian care for attempting to prove the animals were neglected which was ruled by the Court as insufficient.

Aviculture has won an important battle in the war to preserve the right to keep and breed birds.

I haven’t any idea how many times this battle has been fought or how often owners have simply let SPCAs get away with thieving their animals (under threat of massive “fines”) but I know the seizures are becoming more frequent and this battle needs to be fought repeatedly until we crush this propensity to thieve private property without the least bit of due process as is done here in Texas.  Such a fight appears to be getting underway in the Houston area.  Last week, the Houston SPCA seized and moved nearly 1,000 birds along with a few other animals.  However, the media seems to have focused on the birds to the exclusion of the other animals so I'll stick to the birds for now.  Seems rather appropriate with HSPCA being the seizing "agency".

There is a great deal of concern for the coastal birds right now and for good reason.  If you go to some islands near the Texas coast, you will find signs.  Signs appear here and there: “DO NOT LAND OR ENTER. Island closed during bird nesting season, February-August.”  The oil spill is disrupting the critical bird breeding season.  Yes, it is bird breeding season and birds should be LEFT ALONE.

“Breeding [birds]  can be messy. Multiple birds housed in cages often chew on each other's feathers. And breeders like Andrews try not to walk in on the birds, which don't like spectators when they mate any more than people do. As a result, dust and droppings sometimes accumulate.”

Yes, Houston SPCA disrupted nearly 1,000 birds, some with nestlings (babies who should not be jostled, let alone MOVED).  Oh, and it gets SO much worse.  It certainly appears the Houston SPCA may be every bit as incompetent in bird care as the FL SPCA was in 2006!

“Some of these incredible Macaws are extremely valuable and specialized animals…”  At least they probably were when they were seized although I have my doubts after doing just a few hours of research.  Here’s a few of the items poisonous to birds:

Why do I mention that list?  Because I want you to take very close notice of the birds stuffed into DOG carriers in the news videos.  DOG carriers that have only one place to perch which is the cage door (talk about cruel confinement!) and because the SOP in most shelters is to clean kennels with a bleach solution, or other cleaning/disinfecting method, between uses.  The DOG crates filled with birds were then transported to the HSPCA facility in an 18 wheeler 9bouncing down the road, as such large trucks do, no doubt) and stacked in what appears to be a break or work room of some kind.  Again, SOP in a shelter that handle many dogs and cats would be thorough cleaning of these areas with cleaners that would be POISONOUS to BIRDS.

Did it dawn on the HSPCA freaks for one second that they might be plopping the birds down in a poisonous environment full of chemicals?  That there's a GOOD reason for outdoor aviaries?  I doubt it but I also fear that they might actually know that and that death is what they seek for the animals!

Moving birds and nestlings in the middle of nesting season reminds me very much of SPCA of Texas raiding an exotic pet distributor in DECEMBER when the temperature was right at freezing (and at the behest of PETA operatives).  Sadly, I fear these owners may discover that a significant portion of their animals have been killed even before the hearing is held, just as was the case in the US Global Exotics seizure in Arlington, as is frequently the case.  Well, let’s get down to some details about this recent thieving by HSPCA.

“The Houston SPCA along with Precinct 1 Constables have taken in about a thousand animals from birds, to dogs, to rabbits. They were removed from a rural home, east of Houston in Crosby. According to the SPCA the owners did have a breeders license but because the animals were being kept in deplorable conditions they had to be removed. An anonymous tip led the SPCA to the animals.”

In Crosby?  Not exactly.  “3000 block of Barbers Hill Road”  That’s Highlands, TX.  I’ve noticed a disturbing tendency for the media to misrepresent where these seizures are taking place.  I’m not sure who’s responsible for that but it is definitely disturbing and certainly impacts my willingness to believe a reporter who can’t figure out where they are at/reporting from.

Much more importantly, the 3000 block of Barbers Hill Road, Highlands, TX, is in far East Harris County, TX; squarely in Precinct 3.  The property, where the animal owners reside, is about 8 miles from Precinct 3, Place 2’s courthouse and about 16 miles from Precinct 3, Place 1’s courthouse.  First off, what ARE the Precinct 1 Constables doing over in Precinct 3?  Second, why is the hearing being held in Precinct 6, Place 2; 26 miles away?  Not only did they want to get away from the truly appropriate precinct, they even skip over Precinct 2 and Precinct 2, Place 2’s court would have been closer to the property too.  Maps are lovely things :)  My, my, my…  Do we have some “judge shopping” going on?

I couldn’t help noticing one more curious thing.  At that last link, if you scroll over those little dots and click on one, it will take you to the page for that court and, on the court page, there will be a “find our courthouse” link on the right.  I checked every single one of the dots, for each court, and, ODDLY, all but ONE work.  Guess which one?  Precinct 6, Place 2 where the hearing on THIS case will be held.  There is an address listed on the court’s homepage but it won’t work in Yahoo Maps or MapQuest.  Do we have a prosecutor judge shopping AND playing star chamber by making it just a wee bit harder to find the courthouse?  Let me make it a bit easier.  The hearing will be at 1001 Ssgt Macario Garcia Dr., Houston, TX  77011.  It’s S Sgt instead of Ssgt in Google Maps.

The owners “did have a breeders license” but, since the Arlington ruling in the USGE case, prosecutors and humaniacs no longer care about that!  You can comply with all the pertinent laws and regulations that are reasonably well written and time tested but the humaniacs are making up the rules as they go and “cruel confinement” is whatever they say it is.  You know.  However you confine your animals, it’s going to be “cruel confinement” to them; no matter that YOUR confinement was FAR more suitable and liberal than the tight confines THEY will toss your animals carelessly into.  No matter that they don’t know squat about how to properly care for your animals and many of them will be dead before the first hearing.  No matter that they will charge outrageous sums for alleged care and try to collect even if they have to return the animals (and no matter that they claim they “don’t expect” to get paid for fundraising and media purposes while simultaneously demanding payment).  Yes indeed.  When a judicial process has been turned into a political weapon where the power of the court is misused to abuse, the proper name is Star Chamber.

I think there are some 7 Houston area articles on this animal seizure and not a single one told when the hearing was scheduled to be held.  More Star Chamber treatment with media assistance?  Sure looks like it to me!  The hearing is set for Friday morning at 10 AM.

It appears that KIAH was the only media actually to get an invite to the seizure.  The reporter, Leticia Juarez, says “makeshift aviary or shed” but it looks pretty permanent to me!  Well, I guess the reporter has to play along if they want to get the “invite”, huh?  Watch closely and you will see not only the big lit up aviary with the large walk in bird flight (that’s the huge cage the people are in WITH the birds and INSIDE the “shed”, that some of us would call by other names; at my farm, we call them outbuildings) but also at least one other large aviary to the right of that.  I’m sure there were multiple aviaries but they sure are trying hard to ignore everything other than the “shed”.

Let’s talk bird cages.  They come in many sizes and shapes.  An aviary can be a very simple structure (of course, many make their own too) to the much more elaborate.  An aviary is intended to confine birds while giving them some flight space.  What you see in the videos is more than adequate and much more than many private owners provide for pet birds.  Take another look at that HUGE aviary in the video where the people are walking in and around it!

“When you look at a bird, as the SPCA spokesperson was telling me, the bird might look great but you have no idea what underlying health concerns they might have.”  Meera did you say that?  Well, I guess Ms. Meera and her brethren must have magical powers because one would think that cruelly treated animals would show some outward signs before they could be snatch up by the likes of you to be hauled off, some to immediate death; but, in this case, they snatch them up presuming that they are somehow harmed or not caring whether or not they have been (although, to me, that would certainly indicate they were also not cruelly treated).

In fact, this is correct, the health of the birds probably couldn’t be determined on a visual inspection and that is all the more reason that they should have been evaluated in place, ESPECIALLY DURING BREEDING SEASON!  Does anyone think HSPCA has 24/7 staff to tend the nestlings?  Somehow I doubt it!

Meera Nandlal: “We received an anonymous tip… Assisted Precinct 1 constables…”  Who’s the law enforcement officer here?  If HSPCA is getting the “tips” and doing the “investigations” and “seizures”, is the Constable just doing escort duty?  Do we allow non law enforcement to make these decisions now?

“Precinct 1 Constables contacted the SPCA for assistance”  How very odd if the “we” Meera mentions above is the HSPCA.  If so, why would the Constables be calling HSPCA instead of the other way around?  Or is Meera counting HSPCA as BEING amongst the law enforcement “we” or WHAT?!  Just who IS doing what in these seizures?  Are they just completely ignoring the laws governing who is permitted to do law enforcement in Texas?

Meera again: “cruel confinement… overall poor environmental conditions”  WTF??  “poor environmental conditions”?  WTF is that?  It seems like Meera comes up with some new terminology and squeezes it in after each new seizure.  NONE of that CRAP she spews appears in the statute which uses pretty plain language.  STAR CHAMBER.

When Meera is done talking, the videographer says “That it?” and Meera says yeah, like a reporter.  Guess I shouldn’t be surprised since “Credit: Houston SPCA” appears on the print portion of the story.  Seriously?  Is this a news report or an HSPCA press release?  Some of us have been very suspicious that the “news” coverage of these stories was little, if anything, more than HSPCA press releases and NOW I guess we know for sure!

Aw, we have PICTURES!  Check out pictures 2, 8, 9, and 11.  The birds are taken from spacious aviaries and flight cages to be stuffed in DOG kennels for lord only knows how long!  Gotta love picture 5 showing the spacious, reasonably clean dog runs where you can see food in bowls in both runs depicted!  Those are almost identical to SPCA style shelters so exactly what were the dogs seized for if not "cruel confinement"?  Check out the cages in pictures 4, 6, 7, 9.  The owner should take a good look because I feel sure all those cages are now at the HSPCA and will NEVER be seen again – well, not until they do the next seizure of birds.  Yep, NEXT time they’ll have bird cages to use folks, bet on it.

“The SPCA said some of the animals were dead or dying, and one of the dead birds was found hanging from trap, where it was being used as bait.”  This one infuriates me.  Animals DIE and they die at the HSPCA too.  Meera, you’re just being a BITCH when you mention this on every single seizure and do NOT tell how many you found dead and WHERE you found them (unless, of course, they're in a freezer and you think you can use that to freak out ding dong Dale).  Yep, sometimes dead birds are used as bait for other birds.  Small birds are the prey of choice for Falcons and Hawks.  Sorry to pop any bubbles but cute little birds can be quite aggressive and larger birds sometimes eat smaller ones!  There are good reasons to use a dead bird as bait for other birds.

“Temperatures in the Lake Houston area late Thursday topped 90 degrees”  Hm, you do know these are tropical birds, right?  There IS a reason birds fly south for the winter!

“Animals rescued included sheep…”  Sheep?  Really?  Didn’t see any pictures of those.  Wonder why?!  My spidey sense tells me there’s a story in there.  Did HSPCA seize all the animals or not?  Are they not quite telling the whole story?  Did they JUST seize the animals that are valuable to their Pet Store?

"From what we understand, (the owners) were selling them to pet stores,“ Nandlal said.  Yeah, we get it.  HSPCA wants a monopoly until there’s no more breeding, no more pets…

“Officials said they were led to the home on a tip.”  Disgruntled customers, nasty neighbors, your little army of trespassing spies…  Yeah, we know!  And we know there doesn’t have to be an ounce of truth in the allegations so long as you find the pets suitable for the HSPCA Pet Store!

“In September of 2009, the Houston SPCA rescued [thieved] 1,045 animals”  Some of us remember it well.  So, that was one of those “we’ll never get paid” cases where you later got his real estate, right?  Yep, You got Mr. Boado’s animals for free to sell and then got his real estate too, coerced from him by the prosecutor in the later criminal proceedings.  I’d bet you netted 4-5 times what that seizure actually cost you before it was all over and that’s exactly what you’re planning with this one.  Seems HSPCA might even be maximizing it’s profits by seizing selective species and leaving others in place.  What, were the sheep sleeping on feather beds and being hand fed or did you just mistake them for your Sheeple followers?

“Some of these incredible Macaws are extremely valuable and specialized animals…”  They might be indeed!  Check out the prices at this Aviary where the sales prices range from $100 to $1399.  If there’s a Hyacinth Macaw in there, it could be worth upwards of $10,000!

For adoptions… “people will be lining up”  If you get to keep them, no doubt people will be lining up and I’ll wager there will be a special pricing structure for some animals, like, oh, say, the macaws?

WTF PEOPLE?  It’s the Houston SPCA who needs to be reported for animal cruelty, to the health department, to the Texas Attorney General, to anyone else you can think of (post suggestions in the comments please)!  Actually LOOK at the videos and pictures and ignore the words the reporters and Meera are trying to use to warp what you see into seeing what simply is NOT there!

WTF, are we all SHEEPLE, going to stand by while HSPCA shuts down ANOTHER business, a good business that provides many with pets to love for years to come?  Whether you breed or not, whether you sell animals or not, if you JUST own a pet, you need to get off your ASS and support people who get their animals seized because they could just as easily come thieve yours too!  The HSPCA regularly, REGULARLY (as in several times per week from what I hear), takes a single animal or a handful of animals from owners but you don’t hear about those cases.  Those don’t make the news!  Stand up for YOUR animals today because you might not be able to tomorrow after the HSPCA or some other humaniacs snatch them from your home!!!

The hearing will be at 1001 Ssgt Macario Garcia Dr., Houston, TX  77011.  It’s S Sgt instead of Ssgt in Google Maps.  The hearing is set for Friday morning at 10 AM.

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