And these are the people who decide if we should own pets?

April 4, 2008 – 9:10 am

Not to mention the same county that stole Ron Mason’s cats from him….

The head of Adelanto’s animal control office has been charged with multiple counts of animal cruelty after investigators said he systematically drowned dozens of kittens over four months last year.

Kevin Murphy, 36, was charged Monday with six counts of killing, maiming and abusing animals and faces up to six years in prison if he is convicted.

If he allegedly killed dozens of kittens, why only 6 counts?

Murphy, who was not arrested, will be arraigned May 19. He and another unidentified city employee were placed on paid administrative leave last week, City Manager Jim Hart said. Murphy is the only one being charged at this time.

We wonder if Ron Mason was placed on paid administrative leave.  Somehow we think not.

For the full story, click here. 

For the kittens’ sake, we really hope this person is not guilty of these charges, and we do realize that everything in the paper is not true…see the Ron Mason story, and many other incidents of peoples’ pets being stolen.

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By admin | Posted in california, cats, kittens | Comments (0)

Just how “humane” is the Austin Humane Society, anyway?

March 19, 2008 – 7:59 am

So, Monday this was posed to Austin Rescue (with permission to crosspost):

PERMISSION TO CROSS POST

Last Friday Bev Gainer (GSD Rescue of Central Texas) and I took an
emaciated young female Cattle Dog mix and her 6 nursing pups (about 4 weeks
old) from a woman who was unable to care for them. Bobbi, the mother dog,
had lived her entire life on a chain.

When I first saw her, the chain was so tangled she couldn’t even reach the
front of the dog house she had and a callous had formed on her throat from
rubbing on the chain. There was no food, either outside or in the woman’s
house. The only available water was in a black rubber pan, too filthy to
drink. It was already 90 degrees. Bobbi’s pups were under a ramshackle
shed and I had to crawl in the dirt to get them out. I gave a grateful
Bobbi some kibble and water before we left.

Neither Bev or I had any plan; we only knew that this starving mama and her
babies could not be left in this nightmare. What we didn’t know was that
Bobbi’s nightmare had only just begun.

Desperate to find safe haven for this little family, we went to Austin
Humane Society and Bev begged them to come see the sweet and affectionate
Bobbi and her adorable babies. Upon seeing them, Austin Humane Society
agreed they were wonderful and we began intake.

Bobbi’s temperature registered 104.3 and she was terribly dehydrated.
Without blinking an eye, Bobbi submitted to the administration of 200 cc of
sub-q fluids, Pyrantel and a blood draw for her heartworm test. We then
took all 7 dogs to the back to their new kennel home, cool, clean and dry.
Bev and I gratefully each gave sizeable donations and left with wings on our
hearts.

Saturday, yesterday, Bev received a call from Austin Humane saying that
Bobbi had passed all of her temperament evaluation. All, that is, except
for the Assess-A-Hand test. This starving dog had snapped at a rubber hand
trying to take food away from her. Bobbi was deemed unadoptable and Austin
Humane agreed to allow her to stay for a few days while Bev and I tried to
find other accommodations for her.

We thought Bobbi was temporarily safe with intelligent, humane people. But
this morning Bev called me to say she had received an email saying that we
had until 4 PM TODAY to get her out or she would be euthanized! They said
she was not safe for their staff.

Frantic, I raced down to see her and the pups. I was shocked to find that,
not only would they not allow me to see her unless I was taking her back,
but that all of her still-nursing pups had been taken from her and placed in
foster homes!

To say I was irate would be an understatement. To think that this place,
where we trust people to provide humane care for animals, would take a
stressed, starving, frightened dog, take her pups away and then expect her
to pass a food test is incomprehensible. To think that they would take pups
of that age away from their mother and then even separate them is
unimaginable! Where are the animal behaviorists? Where is the common
sense? Where is the humane treatment? For Austin Humane Society to
literally snatch 6 adorable pups from their mother’s breast and then abandon
her is unethical, unconscionable and certainly inhumane.

When they brought Bobbi out to me, her tail was wagging and she jumped up to
kiss my face. The pictures attached are of the same dog, whose kennel notes
say ‘MUZZLE AND HANDLE WITH CAUTION’. It is important to note that not once
has anyone at Austin Humane Society said that Bobbi had bitten. We believe
that Austin Humane agreed to take Bobbi only because they knew we would not
willingly separate her from the pups and they never had any intention of
helping the one dog who needed them most.

Bobbi is again safe, thanks to a Rottilove Rescue foster home, but only for
a few days while we try to find her someone who understands dog behavior and
can work with a loving girl who has spent her whole life starving at the end
of a chain. We believe that with simple hand feeding and consistent meals
Bobbi will no longer feel she has to protect her food. We would also like
to reunite her with her pups who so desperately need her and the lessons
only she can teach them. Unfortunately, we cannot reclaim the babies
without a place for them to go.

Bev and I will sponsor 100% of Bobbi’s care to any reputable group that is
willing to take her. If you can take the pups as well, all the better,
because we do not believe Austin Humane should make a single penny from
their easy adoptions. Other than needing heartworm treatment, Bobbie is in
amazingly good health, and is a sweet and gentle little girl. Five of the 6
pups look like Mom, and the last is a tiny, shy girl I have named Goldie
because she looks like a pure yellow Lab.

Although we would prefer this little family to stay together for now, we
understand if you are only able to help one or the other.

Toni Liguori

KPRR

Austin, Texas

www.kprr.rescuegroups.org

Now, we don’t see how shipping the dogs and cats you don’t want to deal with off to TLAC to be killed meets in any way the definition of a no kill shelter.  This kind of behavior gives *real* no kill shelters a bad name.  We are extremely disappointed in this behavior by the Austin Humane Society. 

If you are as outraged at this as we are, here is the contact information:

Austin Humane Society

512-646-7387

Director - Frances Jonan - fjonan@austinhumanesociety.org

Community Relations - Lisa Starr - lstarr@austinhumanesociety.org

Later that day, the above was posted on Craigslist. 

Then, someone posted the following:

From Craigslist:

It may very easy to spin this issue and claim a group of individuals as being heartless, cruel, and otherwise demonic. Just to give everyone some information in general about food aggression in a shelter environment, here are the main concerns with a dog that exhibits these behaviors:

1. If the dog shows any shot of aggression and has the potential to bite a human, the staff and volunteers at that shelter can no longer handle the dog in any way. That means NO WALKS, NO PLAYTIME, NO INTERACTION. The liability becomes astronomical every time a person attempts to even feed the dog in question.

2. The dog cannot be adopted out by the shelter ever. The main concern with food aggression deals with younger children. Little children love to stick their hands in a dog’s food bowl while the dog is eating. Imagine the consequences of a food aggressive dog around a small child who is only playing with their dog.

The HUMANE thing to do is to get a food aggressive dog out of a shelter environment as quickly as possible. When a dog cannot be played with or interacted with at all, the negative mental affects on that dog are exponential.
Also, food aggession usually has NOTHING to do with the environment the dog is subjected to. Overweight dogs who have never missed a meal in their life can be just as food aggressive as emaciated dogs, and often time emaciated dogs show no signs of food aggression ever.

My hope is that the educated readers of this forum understand the liability of an aggressive dog in a shelter, and will not let a group of people who are manipulating emotions deter you from supporting an organization whose policies and procedures are in place to protect man and animal alike.

 

Except that this is kind of um, not true. 

But what happens if a shelter puts in place a

protocol that is fair and rigorous, and the dog

“fails”? Should that mean a death sentence?

Not necessarily. Implicit within the no-kill philosophy

is the understanding that some animals,

such as those who are irremediably suffering

or hopelessly ill, will be killed for reasons

of mercy. Dogs who are vicious, with a poor

prognosis, are also included in this category.

But, a sick, injured, or traumatized animal with

a behavior problem such as aggression can

have varying degrees of prognosis, one of the

complexities a shelter should consider in determining

a strategy for post-temperament testing.

If the prognosis for rehabilitation is good, fair,

or even guarded, a no-kill shelter is obligated

to provide treatment. Conditions such as upper

respiratory infections, broken bones, and, in

the case of behavior, food-related aggression

are usually treatable. In two years of using our

current temperament testing protocol, we have

never killed a dog for food aggression, because

the prognosis for rehabilitation is almost always

better than guarded.

 See Nathan Winograd’s excellent article, “Temperament Testing in the Age of No-Kill” at http://www.nokilladvocacycenter.org/pdf/Temperament%20Testing.pdf

 So we sent the author an email:

 

“Food aggressive” dogs can certainly be in shelter environments.  Nathan Winograd has proved that repeatedly.  If you claim to be a no-kill shelter, you need to own that and not kill dogs (or cats).  That includes not sending them to TLAC to be killed.  If you kill dogs and cats, then you need to own that and admit the truth to the public so they don’t donate to something that is misrepresenting itself.

Any starving dog will be “food aggressive.”  Sue Sternberg’s temperament tests have killed an awful lot of dogs.

We’ll be blogging about this.  We haven’t seen much evidence so far that AHS is very “humane.”

AnimalControlWatch Staff

And we get the following back from the author:

 

From: Pat Riot <pat_riot2006@yahoo.com>
Date: Tue, Mar 18, 2008 at 9:04 PM
Subject: Re: Why a Food Aggressive Dog CANNOT Be In a Shelter Environment
To: animalcontrolwatch@gmail.com

You can have your own opinions on the matter, but your harsh words against the Humane Society mean nothing to me. You may believe that sending threatening, menacing emails will get your point across and scare others into believing in your false reality (and deranged mentality).
 Have fun blogging in the rumor mill, and trust me, the only ones paying attention to what anyone says in the blog is within your own little group. Send me anything else and I will report your ass.

Peace Out,
 Someone Who Doesn’t Give Two Shits What You Think

 

Now, first of all, obviously this person does care - quite a bit - and secondly - report us to whom?  The email police?  For what?  Sending an email?  And we kind of missed the part where we were threatening or menacing - oooh, we’re such scary people!  We can only hope that this person is a 16 year old volunteer of AHS, albeit one with a good vocabulary, and not an actual paid staff member.

Why is this important?  Because every dog, cat, and other companion animal is important.  Because we hold the belief that every life really is precious - and that if you claim to be a no-kill shelter, you shouldn’t ship animals to kill shelters to be killed so that you can look good and rake in donations. 

 Bobbi, and every other starved dog who snapped at someone who tried to take a meal away from them - and how would *you* feel if *you* were starving and someone gave you a plate of food, you took one bite and they snatched it back - is important.  To us, anyway.  Perhaps not to the Austin Humane Society. 

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By admin | Posted in Rescue, TLAC, ahs, austin, dogs, nathan winograd, no-kill, texas | Comments (6)

Texas isn’t the only place Animal Control steals cats….

March 11, 2008 – 7:19 am

This is the most disgusting thing we’ve seen in a while.

Ron Mason is a man who lives in California who tries to help cats.  He had a large number of cats abandoned in his neighborhood and was trying to help out by having the cats spayed and neutered and then feeding them.  The City of Los Angeles stole his cats under color of law and filmed it….they appear to be proud of this atrocity.

From the excellent LA Animal Control Blog - see link under blogroll -

As for why we still care about Ron Mason, there are two reasons.1. Ron is a nice guy who tried to help, feed & spay/neuter a lot of cats. Like it or not, we are in favor of that here.2. Because if it happened to Ron it could happen to any one of us. He tried to work with LAAS, he tried to play by the rules, except that he couldn’t leave pregnant cats, newborn kittens, or injured/hungry cats to fend for themselves, which is an admirable thing.

“Boks, along with his LAAS and LAPD flunkies, used governmental power to abuse someone, deprive him of his rights, and libel and slander him. If you can’t see why we think that’s a big deal, then you must have something to gain by siding with the abusers.”

We agree. 

Here is the contact info for the perpetrators of the abuse against Mr. Mason:

Don Cocek: dcocek@atty.lacity.org
Dov Lesel: dov.lesel@lacity.org
Rocky Delgadillo: rocky.delgadillo@lacity.org
Ed Boks: edboks@hotmail.com

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By admin | Posted in california, cats, los angeles | Comments (0)

CT: Dead Dog Blues

March 6, 2008 – 11:12 am
Alan Weisenberg’s old pet Chihuahua was confiscated by Animal Control, and later died. He is now being charged with cruelty to animals for letting it live so long.
By Jennifer Abel

Alan Weisenberg.


Picture a female named Bambi, age 18 or 19 years old. But before investing too much energy in the wrong image, you should know that Bambi is a dog. A Chihuahua, in fact, equivalent to a centenarian in human terms.

So the fact that she died last month really isn’t any surprise, but the fact that her owner’s facing jail time maybe is.

It’s an odd tale. On one side there’s Alan Weisenberg, a 58-year-old West Hartford man who is by most accounts a responsible dog owner. Then there’s Karen Jones, a town Animal Control officer who is by most accounts a responsible dog warden.

Until Sept. 17, the day Weisenberg says she threatened to arrest him on animal cruelty charges if he didn’t have Bambi euthanized.

The dog died in her sleep on Oct. 5, and two weeks later Weisenberg went to the police to turn himself in after learning of an Oct. 16 arrest warrant in his name. Now he’s waiting for his Dec. 11 court date, where he faces up to a year in jail.

“[Jones] said, ‘when dogs get old … we should put them down.’” Weisenberg recalled in an interview with the Advocate. “I said, ‘Who are you to tell me to put my dog down? If she’s dying, she can die at home with her family.”

By all accounts the dog was in poor health. “[Bambi’s] left leg had arthritis,” Weisenberg said. “I used to carry her outside, she liked the warm weather … I guess it made her arthritis feel better.”

Weisenberg knew his old dog didn’t have long to live. “I’ve had her since she was a pup … I didn’t want to put her down. If she was showing she was in pain, crying or something, then I would’ve said ‘All right.’ But she didn’t.”

The incident happened on a warm day on Sept. 17. Usually, when Weisenberg went to work he brought his two large mongrel dogs with him and left Bambi in the house. But that was a particularly nice day, and Bambi wanted to stay outside. And so: “Never done this before, but I had a cord about 15 feet long, and tied her to a tree outside while I went to work for five or six hours. Someone — they never said who — called [town officials] to say they thought the dog was dead.”

An elderly, arthritic dog sprawled on a sunny sidewalk might well be mistaken for a dead one.

So far this sounds, at most, like a routine misunderstanding. Weisenberg didn’t know Bambi had become a law-enforcement issue until he left work, “got home, and saw a cop and the dog warden.”

Bambi was already in the Animal Control truck when he got home, Weisenberg said, so he couldn’t simply carry her back inside. Weisenberg says Jones wanted the dog euthanized almost from the start. “She said if you let me put the dog down, I won’t charge you with anything.”

Weisenberg’s roommate Rick Bouchard said he was there and confirms Weisenberg’s account of the conversation between the dog owner and the animal control official. “She was threatening to arrest [Weisenberg] and fine him if he didn’t release the dog to her,” he said.

Weisenberg refused. Animal Control took Bambi to Avon’s Farmington Valley Veterinary Hospital, where she stayed for 10 days until Weisenberg’s attorney Fred Boland sent police a letter demanding the dog’s return.

On Sept. 27 another animal control officer took Bambi to Newington’s Fox Clinic, a low-cost facility run by the Humane Society. After being checked by a vet, the dog was released back into Weisenberg’s custody.

“She was always thin,” Weisenberg said, “but they gave me back a skeleton … they put her in a kennel somewhere where she was scared to death, probably a cubicle with a hard cement floor … she was so happy to see me.”

Bambi died in her sleep Oct. 5. Weisenberg mourned his dog and figured the matter over. But police were preparing an arrest warrant, completed and dated Oct. 16. Bouchard was the first to learn of its existence.

“I was emptying the garbage about nine, 9:30 at night, and then four cops with flashlights came up — I think it was three police and the animal investigator there — they asked me if I was Alan. I told them no … I imagine they knew I wasn’t Alan; they did not ask for ID.” Weisenberg turned himself in the next day.

This is the part of the story where police are supposed to give their version of events. But with Weisenberg’s court appearance pending, neither Officer Jones nor Chief of Police James Strilacci can speak to the press. They did return our calls long enough to say they couldn’t say anything, and Jones added “I’d be more than happy to help you out after the case is taken care of … and help you write a good story.”

Their version of events can be found in the arrest warrant affidavit, which Boland gave us as soon as he got a copy (two days after we first spoke to Weisenberg). It describes a dog suffering not from old age, but neglectful ownership.

Weisenberg and Boland both say events were twisted just out of focus of the truth.

For one example, the warrant says that Jones felt the dog needed emergency care, but “Weisenberg insisted the dog was fine, just old and that he did not have the funding to pay for her care and might soon be losing his used car business.”

Boland and Weisenberg’s version of the encounter is that Weisenberg wanted to take Bambi to his own vet rather than the one recommended by Jones because “business has been slow and the Fox Clinic is cheaper.”

Parts of the affidavit read a bit ambiguously: one section notes that Bambi was tied to the tree by a 20 foot rope, and later says ,”A bowl of water was visible but at least 15 feet away from where the dog lay collapsed,” implying that it was out of Bambi’s reach. The report also says the dog lacked shelter.

It’s true there’s no doghouse in Weisenberg’s front yard, but there is a crabapple tree whose sprawling branches provide shade (at least in September; by late November the tree’s a largely leafless skeleton). A 15- or 20-foot rope tied to the trunk would be just long enough to let the dog escape the shade and sun herself at sidewalk’s edge.

The police report says the Farmington Valley Veterinary Hospital recommended euthanizing Bambi when she arrived on Sept. 17.

But a “to whom it may concern” letter from the Fox Clinic, dated Oct. 31 and referencing the Sept. 27 visit, made no such suggestion; it says Bambi showed no signs of physical abuse or cruelty, but that Weisenberg was advised to “eliminate outside tethering for extended periods of time because of age and health issues.” So keeping Bambi outside on Sept. 17 was probably a bad idea (though whether it rises to the level of criminal animal cruelty is another matter).

The state Animal Control Division is a branch of the Department of Agriculture. We called to ask under what circumstances a dog owner could be legally compelled to put his pet down, and were surprised to learn the answer is “none.” If a dog is violent the state can confiscate and destroy it, but the owner’s not obliged to do so. Therefore, if Jones tried forcing Weisenberg to euthanize the dog, she far overstepped her authority as an Animal Control officer.

But the man who answered the phone at Animal Control seemed very surprised to hear who we were talking about. “That sounds out of character for [Jones],” he said.

Write to us at editor@hartfordadvocate.com or

jabel@hartfordadvocate.com

_______________________________________________________________ 

So, instead of allowing animal owners (in collaboration with their vets) decide when it is time to have a dog put to sleep, that is now going to be decided by animal control?  Wake up animal owners!  End the madness!

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By admin | Posted in Connecticut, dogs | Comments (2)

Austin, TX - Being a Cat Rescuer in Austin, TX

March 4, 2008 – 9:10 am

This is a post that occurred after a raid over Memorial Day weekend in 2006.  The pattern is to do these raids over a holiday weekend (much like the Littleton Incident) so that no attorney can be found. 

These raids on cat rescuers have been occurring for at least 2 years.  Interestingly, if the cats are all killed, typically no criminal charges are filed.  If the cats are all “rescued” by other rescue groups,  criminal charges are typically filed against the rescuer. 

The below is from a myspace blog post:

Disaster Strikes Purrfect Hearts!

Dear Fellow Rescuers and Animal Lovers,

It has been some time since I have been to the Purrfect Hearts myspace page. For all of you who have sent comments or friend requests I am sorry that they have not been read or approved.

There has been much happening here in Austin, TX. to many of the rescue groups including Purrfect Hearts. My heart has been ripped right out of me due to the circumstances I have been going through. This is going to be a very long post, but please read all of it so that you will understand the magnitude of what has happened to Purrfect Hearts in the past week.

Many of you who have viewed the Purrfect Hearts page and read the eulogy to Slinky and have had the opportunity to view the slideshows that I put together for Slinky and Zhivago are all quite aware of my true love for all the cats that I rescue and how special each one is to me. The album pictures I have posted are also a witness to the facility I provide for them. They are loved, cared for and protected from where they came from.

Recently, I have been accused of animal cruelty! It is the most painful thing that has ever happened to me. All Purrfect Hearts babies were seized by Austin police on a seizure warrant and taken to Town Lake Animal Control, a kill shelter, including my own personal pets that were at the facility at the time of the seizure.

This all took place during the time I was on a business trip in Seattle meeting someone who wanted to make a large donation to Purrfect Hearts and also invest in the profit side where Purrfect Hearts was going to offer a cat art gallery, coffee area and boarding.

Martin, whom a few of you have corresponded with, was not only my web designer but also I had recently made him the Assistant Director. During the time I was gone he was taking care of all the sweet little guys. Feeding, watering and keeping a clean environment for them, devoting as much time as he could between working his own job. I was able to devote all my time to the cats, due to the fact that the facility was in a light industrial strip center and I was able to convert one of the offices into a little apartment for myself, therefore I resided at the facility.

On Thursday of May 17th, while Martin was attending to the healthy cat room, feeding, watering and cleaning; which is my protocol, healthy rooms first then the unhealthy; Austin Police Animal Cruelty division showed up without a warrant and entered Purrfect Hearts. They began to interrogate Martin and took pictures of the facility, especially of the unhealthy cat room, where there were cats with coccidia that had defecated on the floor instead of the litter boxes.
Which anyone in rescue knows happens quite frequently, that is why cleaning is always taking place.

They gave him a difficult time about the room, which he explained that it was the last room to be cleaned due to their illness. They claimed that to be animal cruelty. There was also a kitten, Snoot, who was suffering from coccidia and a URI that was in a very large black cage in a different area of the building. The officer told Martin that the kitten obviously needed vet attention or to be euthanized. Upon that statement Martin presented him with paperwork from the vet who was treating Snoot stating that if the symptoms were not better within 7 days that he was to be brought back. Snoot was on his fifth day and Martin had decided he was going to take him back that afternoon when he was finished attending to the other animals.

The officers asked when I was to arrive back in Austin and said they would be back to talk with me at that time. I was to arrive back on Sunday but due to my Epilepsy I was feeling ill and was not able to return till Tuesday May 22nd in the evening. Martin called them to let them know about the change in my arrival. When I arrived, I found out from Martin that they had seized all the Purrfect Hearts cats including my personal pets that morning. I was livid.

We were given only one day to find an attorney and appear in court on Thursday. The prosecution wanted to press criminal charges against us where we would be in jail for 6 months to a year, fine us $11,000 for the vet work they supposedly did and the boarding at Town Lake. They also wanted to keep my personal pets and Martin’s also. The prosecution presented pictures of the terrified little babies on a stainless steel surgical table with their legs and lips pulled apart. It was horrible to see them like that. They even showed a picture of a cat with a gash in its leg that wasn’t even a Purrfect Hearts cat!

When I was called to the stand they asked me 3 times if I personally euthanized my sick cats. They brought up the myspace page with Slinky and Zhivago and the slideshows with a memorial to them. I respect animals when they pass and that is why I give them a burial. I place flowers and wrap them in silk or satin with a note before burying them. I had placed a note in Zhivago’s paws which they had retrieved and had me read. Claiming that from the letter that I must have euthanized him. In the letter I wrote that I could tell he was ready to leave and asked him to please forgive me. It was all in reference to the fact that I felt I was in the wrong and that I couldn’t get him back to health so he could be adopted. They grossly twisted my love for him, into me euthanizing him!

Both Slinky and Zhivago were placed in the freezer, which is a common procedure amongst rescue groups and vet clinics, as I was waiting for my friend to get back from Italy so that I could bury them on her property. She allows me to bury them there because she too is a cat lover and believes in burying. Of course, the police found them in the freezer and changed it into something horrible.

I was able to at least explain myself and also make the statement while looking at the cities Town Lake Shelter Animal Control Officers and say that I do not support them in throwing the animals in black trash bags and into a dumpster after they euthanize the animal.

Martin and I had an incredible attorney who successfully defended us against all the claims of animal cruelty. The police simply had no case. The judge agreed that animal cruelty had not taken place.

In the end her final decision was to deny the $11,000 Town Lake was demanding, and that there were no grounds for criminal charges to be brought against us. She ordered that all my personal pets be returned to me including my bird. Unfortunately, she judged that the Purrfect Hearts cats stay with Town Lake, because despite the fact that there was clearly no cruelty involved, she felt that I lacked the adequate resources of volunteers to continue operating the shelter at the level I had been attempting. Town Lake was to give the cats a 10 day extension to be adopted by the public and provide a webpage that was dedicated only for the Purrfect Hearts cats.

After the trial, we immediately went to pick up my pets. When my 3 dogs were brought to me they came running up to me and knocked me over causing my skirt to go up and gave me many slobbery kisses. Animal cruelty, hunh? When I went back to get my cats, that were in quarantine along with all the others, I was appalled to see the conditions that were being provided for all the Purrfect Hearts cats. They were in a small room without much ventilation, 2-3 cats per silver cage and they had placed the healthy cats in with the sick cats. They weren’t even administering meds to the ones that were sick. I could tell that they had become much sicker and even the healthy ones were showing signs of sickness. To me that seemed like animal cruelty, but what could I do? The place was run by the city. I left extremely angry but grateful that I least was able to get my little guys back.

Town Lake did not comply with the judges ruling (imagine that) and on Friday after the trial on Thursday they stated that only approved rescue groups on their list would be able to rescue the cats. The rescue groups were given till noon on Sunday to make their decision on what cats they would take. Otherwise, by 3:00 on Monday all Purrfect Hearts cats would be euthanized. And guess what: this was Memorial Day weekend, too! It’s pretty amazingly ironic that the people who were accusing me of animal cruelty couldn’t wait to kill all the cats! They also put a stipulation on the groups by saying that only 10 cats could be in the care of a rescue group, which meant that fosters would have to be found in order to have up to 10 because most of the groups already had well over 10.

Two Austin rescue groups ( Austin Siamese Rescue and Gramaulkin Rescue ) rallied together and met with the people at Town Lake on Sunday. They invited me to join. In that meeting the vet stated that the majority of the cats had not been spayed or neutered, which was completely not true. I so wanted to say something at that point but I had been advised by the groups to not say anything while we were in that meeting.

Anyway, the most amazing blessing took place on Monday. The two rescue groups showed up on Monday by 11:30am and rescued ALL 52 Purrfect Hearts cats! Not one was euthanized. They were all saved and now have the opportunity to be adopted through the rescue groups that saved them!

Though Purrfects Hearts at this time is not allowed to rescue and adopt, which saddens me, I can’t even begin to tell you how HAPPY I am that the sweet little babies are alive and doing well. I have even had the opportunity to hold each one and tell them I love them and that I am sorry they had to experience such an awful injustice!

At this point, I’m sure most of you have been wondering who it was who called the police and reported us for animal cruelty in the first place. We don’t have definite proof, but the most reliable reports we’ve gotten seem to indicate that it was the new tenants who on the very week of the raid were moving in to the unit next door. Evidently they are attempting to run a business catering to an exclusive clientele, and didn’t look favorably on being next door to an animal shelter.

I will continue to have the Purrfect Hearts myspace page because I want to stay in touch with all those that have befriended us.

I am going to keep the Purrfect Hearts babies pics still up for view because they will always be in my heart, though I will no longer be in their presence. I have been given an incredible blessing to have had the precious time I was able to share with each of them!!!!!!

Thank you to all of you that have befriended us, sent comments, messages, sent your sympathies when Slinky passed away and thank you for your many Paypal donations to help us during our time of need for the rent.

Everyone of you out there are truly special for the love you have for animals. I am grateful for this wonderful world of myspace and the networking of being able to meet those that honor animals as I do.

Many, many blessings to each and everyone of you!!!!!!!

From My Heart To Yours,
Hollye Hitt

And always Purrfect Hearts!!!!

source: http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=178874528&blogID=276481255

After the most recent raid on a rescuer on November 8, 2007, the local pound made it even more difficult for  cats stolen under the color of law to be “rescued” than in the above case by  requiring a home visit (of their own approved placement partners) for any cats to be saved.  Most approved partners would not agree to this stipulation.

_______________________________________________________________

 

Here is the email that went out regarding the Purrfect Hearts cats:

TLAC received 50 plus cats as part of a cruelty seizure this week.

These cats have now been released to TLAC.  Due to extremely high volume of animals in the shelter right now, these cats need to leave asap.

This posting is to make approved TLAC Rescuers aware of the cats.

Most of these cats are social and look healthy.  However, they were likely exposed to ringworm and uri in the previous home.

If any of you are interested in evaluating them and confirming on them to pull for your group-this is your opportunity.

The cats are all in the RO Cat area of the shelter.

In order to do this, (again we are dealing with extremely high volume of animals right now), we are setting up the following process for this situation.

If interested in evaluating:

Send one authorized representative to TLAC during business hours to evaluate the cats.

To Confirm:

Contact TLAC by noon Sunday, 5/27 with confirmation, contact should be via email tlac.rescue@… or voice mail 512-972-6099.

Confirmation should include animal identification numbers and contact must be by authorized individual.

TLAC will microchip and adminster rabies vaccination to any confirmed rescues.

To pickup:

These animals will be available for pickup Monday 5/28, 11-3.

Keep in mind, that guidelines specify 10 animals per foster home-or a site visit may be necessary.  (These cats will not be released to any group plans to send them to a foster home that exceeds the 10 animal per home limit.)

TLAC requires that as with all rescues, these cats will go to approved foster homes only.

TLAC must approve any transfers to non - tlac rescue partners.

Thanks for helping the animals.

 Keep in mind this was over MEMORIAL DAY WEEKEND.  And that 50+ cats had to die to make room for these cats. 

The state of rescue in Austin is extremely tenuous right now, at least through “official” channels.   Very few rescue groups will rescue cats from Town Lake Animal Center.   This is leading to more cats dying when the kill rate was already over 70%.   Everyone is running scared, yet no one will join together.  It seems they think if they hide their heads in the sand their turn won’t come.  Well, there’s nowhere to run, nowhere to hide, at least if you live in Austin.

Remember,

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Pastor Martin Niemöller   

 

 

 

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By admin | Posted in austin, cats | Comments (0)

Kent, NY - Charges dropped against Kent dog breeder, sheriff’s deputy taken to task

March 3, 2008 – 4:51 pm

KENT - A town justice this morning dismissed 10 animal abuse and neglect charges against Kent dog breeder Linda Nelson and slammed the actions of a 13-year Putnam County sheriff’s deputy who led the search of Nelson’s house and seizure of her dogs.

In his ruling, Judge J. Peter Collins cited “misconduct” by Deputy Barbara Dunn and said her actions and dual role with the sheriff’s department and as president of the Putnam Humane Society “permeates all aspects of the investigation and prosecution.” After the purebred dogs were seized in July 2006, they were taken in by the Humane Society which is now suing Nelson for some $65,000 for the cost of their care.

Collins said emphatically: “In the Court’s opinion, only complete dismissal of the remaining charges will serve the interest of justice, and hopefully, maintain the public’s confidence in the fairness of our criminal justice system.”

In November, Collins said that part of the search and seizure of Nelson’s home was conducted illegally and reduced the misdemeanor charges against the dog breeder from 22 to 10. He upheld some of the evidence seized and nearly half the charges, but this morning’s ruled knocked those out as well.

After hearing Collins’ ruling this morning, Putnam County District Attorney Adam Levy said his office would not appeal the decision and would investigate the circumstances surrounding the case.

“The judge in his ruling has referred the matter to us,” he said in the lobby of the Kent Town Court. “Fair and impartial is the bedrock of what we do. We will be looking at this matter. The issues surrounding this case are not over.”

Nelson’s attorney Donald Feerick said the ruling showed that “there is justice in the town court.”

The judge, he said, “tackled a lot of issues and came to a just and proper decision.”

The sheriff’s office and Dunn were not immediately available for comment. Dunn had described Nelson’s house as being in appalling condition, with garbage and excrement everywhere and the dogs jammed into crates and left alone without food or water.

The Humane Society had defied and fought the Kent court’s order to return eight of the dogs until it had no other legal option but to hand them over to Nelson. It was revealed today that two puppies born while the dogs were in the care of the Humane Society were neutered without Nelson’s permission.

Nelson’s attorneys had alleged that the Putnam County Sheriff’s Department, Dunn and the Humane Society had violated their client’s constitutional rights in an effort to secure benefits, publicity and financial gain for themselves and their organizations by aggressively pursuing Nelson. They sought at least $10 million in compensation. Earlier this year, they announced they would not go forward with these charges but have retained the right to resurrect their actions in federal court.

The Humane Society is attempting to recover its costs from Nelson in state Supreme Court.

___________________________________________

We’re certainly glad the unjust charges against this poor woman were dropped, but can’t even begin to imagine her pain for 2 years, let alone her legal expenses. Of course, had she lived in Texas, the dogs would have been long gone.

Congratulations, Ms. Nelson.

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By admin | Posted in dogs, new york | Comments (0)

From RPOA - more on Littleton Incident

March 3, 2008 – 11:18 am

TX-RPOA E-News
From Responsible Pet Owners Alliance,
the reasonable voice regarding animal issues in Texas.
Responsible Pet Owners Alliance is an animal welfare organization,
not “animal rights” and, yes, there is a difference.
Permission granted to crosspost.

March 2, 2008
The email below is circulating among many elists and is confirmed to be true
by an RPOA member with English Setters.  The recently passed San Antonio, TX
animal ordinance allows seizure and impoundment of all animals for any
violations.

***************************************

… Below is an email from a long time friend of
mine who has English Setters and does a bit here and there of handling.  Bob
has been extremely active in All Setter Rescue for a long time - even before
it was consider a problem.  A bit of
background before you read his email .. about 18 months ago, Bob and Melissa
(who he’s lived with forever), purchased the house next door
to their’s.  More as a tax deduction as their house had been paid off some
years before.  At some point in time, the City of Littleton
changed the number of MAMMALS (to include dogs, cats, gerbils, etc.) on one
property and didn’t grandfather Bob in.  So with the purchase
of the house next door, Littleton just freaked out a bit and then revised
the law again stipulating if you owned two properties within the city limits
the maximum was to still be THREE.  So they started hasseling Bob and he
kept on his normal low key way of dealing with it, but knew he had to
purchase property away from the metro area.
He would have been out earlier, but it is a bit hard to get fencing up in
the winters around here.  So from here, you can read Bob’s
email:
**********************************************************************
*
Hi All,
Thought that I better touch base and let you know that I am still out here
and, as yet, not in jail (but of course working on it).

As you know, Littleton broke into both of my houses in Littleton on February
15, 2008, after making sure that I was not there, and took
one adult dog out of one and three adult dogs and four 9 week puppies out of
the other.  Bashed the front door in with a battering ram used for drug
raids, to get at the one dog, and broke into a back door on the other house
and then broke blinds, screens, etc., in order to
hand the dogs and puppies out through the window of the second house.  All
this with four police cars, at least six patrolmen, two
animal control trucks (Littleton only has one), animal control officers. As
told me by my neighbors, there were zoning and other
people, while my neighbors watched in horror as to what was happening.

I need to note again here that there are no known complaints about me and/or
my dogs, or number of dogs, from my neighbors.

The day before, I finally told the city that I had the place out at
Strasburg (actually said that it was 60 miles away as they wanted the
complete address) and that all dogs would be moved out there by Monday night
February 18th. This appeared to be okay with them and a
meeting was set up for 10 am Tuesday, February 19th. with animal control to
verify. That was my mistake because I allege that they then went back to
City Hall and laid out the plans for the raid the next day. The Court then
called an emergency hearing for Friday morning and left a phone message for
me to attend, knowing full well I would be at the Denver shows. When I did
not show up as directed, I was declared a fugitive and they proceeded with
their raid.

They actually staked out my house (according to one neighbor on the corner
where they saw their car parked) and waiting until they saw me
leave with three dogs to go to the show that day.  They had verified the day
before that I was going to be at the shows all four days.
After I left, they attempted entry, and then went back to the judge for a
forcible entry warrant, which they exercised about 4 pm that
afternoon. Quite a show and very upsetting for my neighbors who witnessed
it.

Melissa came to the house about 6 pm to check on the pups as I was still at
the show (going Best Brace in Show with two of my mistreated, neglected and
abused 8-1/2 year old English setters; Pig & Joe). I can only imaging her
horror finding the houses broken into and the dogs and puppies gone.
Freaked her out and she could not reach me because my cell was off at the
show.  She caught up with me at the show just after I had finished getting
my show photos shot.

The paperwork that she found at the houses demanded that I bring to the city
the 3 dogs that I had taken to the show.  Of course they
expected I would do this immediately but instead they went home with me to
Strasburg.  The paperwork they left also had the judge’s orders
that the dogs taken (plus the three at the show) were not to be returned to
me, my agents, or anyone that might be suspected of being
a straw buyer/adopter for me.

The shelter where they were taken is the same one that was in trouble last
fall with the State Attorney General.  It cannot and allegedly
has not passed minimum state standards (PACFA) for a number of years.  It
was here that the city felt that the dogs seized would be
safer than with me even though the city had canceled their contract with the
shelter last fall  Almost all other public contracts with this shelter have
been canceled.  It should be noted here that the animal control officer for
Littleton, used to work for Colorado Humane Society, and before that worked
11 years in animal control in
San Diego, California.

Try finding a criminal defense attorney (especially a good one) on a Friday
night before a three day holiday.  Also note that this raid was done late on
a Friday afternoon before a 3 day Holiday where no City Offices would be
open until Tuesday.

I was fortunate and well taken care of by friends in the rescue side of the
dogs, and by 9:30 am Saturday morning I was talking to my lead
attorney on the phone.  I met with both of my attorneys at the show on
Sunday.  They prepared the Emergency Motion On Illegal Seizure Of Property
that I believe I sent to you last week.  They also contacted the shelter
where the dogs had gone.  By Tuesday morning, all involved city departments
and the shelter were put on notice that we were coming.  My lead attorney,
Susan Martin, came highly recommended by the prosecutors and others in the
Denver District Attorney’s office.

We could not tell if an arrest warrant had actually been issued, so I
started staying out at  the Strasburg house Friday night and each night
since.

To make this short, we ended up getting a 3 pm emergency court hearing on
Friday, February 22 with the city.  Our priorities were to get the dogs
back; then keep me out of jail; then deal with the
charges, etc., and then get mad.  When they offered to return the dogs in
pre-hearing negotiating, we jumped at it.  As a consequence,
I had to agree to a number of outrageous terms including; 3 year deferred
jail time, up to $3,000 in fines, $1,000 board and care costs on the dogs, 3
years unannounced access to my houses and I cannot be caught with a dog
anywhere within the city limits (not even my vet’s office). Also required a
professional inspection of my
Strasburg place, and that I must plead guilty to all charges brought against
me. Hell of a price to pay to get my dogs back, but the only way, as they
were holding them ransom so that my motion against them would not see the
light of day in their court.  Then for good measure, they added a number of
additional charges/violations (mostly bogus) against my properties based on
everything from the city codes to the International Property Maintenance
Code (?).  Most all of these violations are unspecified and are for failure
to remove outdoor storage and rubbish, and failure to maintain plumbing, a
clean and sanitary structure and maintain interior surfaces.  We begin the
fight on these tomorrow morning at 10:30 am.  They have been inspecting both
houses in Littleton since September 6, 2006 and now bring these additional
charges. In my opinion, these charges are being brought in reaction to my
bringing an attorney to the table, as this has happened before.

I emphasize, that no abuse, neglect, or cruelty charges have ever been
brought against me, none at all, in the previous years of ongoing
inspections. These claims were used by the city to justify their seizing of
my dogs for their own health and safety.  However, if they thought that they
could prove such charges, I am sure that
they would not hesitate in bringing them forward. That should say something
for their strength, or lack of strength in their case and arguments against
me.

The important thing is that I do have the pups and dogs back and I am not in
jail.  Pups and dogs are doing good, primarily because they
were a good healthy state when seized. The puppies were down considerably in
weight and body tone, and dehydrated, but they have
responded well since I got them back Friday night.  All were over medicated,
including shots, if the reports that I was given on them are correct.  The
adults received DVM care, but the puppies were not seen by a vet. The report
is dated February 22nd., the day they were
released to my agents. The puppies were kept at Mary Warren’s house in
Conifer {SALLY:  GOOGLE Mary Warren & Colorado Humane Society}  If we can
get to next Monday or so without anyone getting sick, we should be okay on
the short term as far as catching something from the shelter and captivity.

Over 45 people attended the hearing last Friday in support of me against the
city.  Someone started passing the hat for financial help, and $865 was
collected.  All sides of the dog game
(showing/breeding, rescue, and welfare) were represented.  This was put
together in less than 40 hours notice.

Channel 7 news video team showed up and videoed after the hearing in the
court lobby and at the location where I met with the recovered
pups and dogs.  I was not allowed to go to the shelter to claim them; only
my attorneys, Melissa and other supporters to help with getting the dogs and
transporting them to where they would meet up with me and the press. The
bill to have them released was $1,100. My attorney had to call the Englewood
police (two cars) to come out and enforce the court order to release the
dogs to her.  She also has filed assault charges against Mary Warren’s
husband, Bob, and other charges against Mary, with the cities of Englewood
and Littleton, Arapahoe County, and the state attorney’s office.  She was
pissed.

Sadly, it’s not over yet, but at least I have the dogs back, and I am not in
jail.  Littleton has started damage control with a press release, but is
still having to answer to complaints from citizens and non-citizens.  It has
been given to all the major TV stations in Denver but so far has not been
aired that I know of.  It is coast to
coast on the Internet and is getting put into dog related publications’ web
sites.  A defense fund is being set up to help defray my legal expenses,
something that was recommended by those in
attendance at the hearing.

My cell phone does not work well out here in the country, and of course I am
not around Littleton much anymore except to begin moving from the residences
there to here.  The best number now to reach me at (after trying my cell) is
XXX-XXX-XXXX, and of course by email.
Sorry about the length of this.

Sincerely,
Bob

AND THIS IS FROM AN EMAIL THAT BOB SENT TO ME THIS MORNING …
After the dogs were seized 2/15, I made the decision that I had to just go
really public about what has been going in Littleton the past 18 plus
months.  I hoped for some reaction and support, but never expected or fore
saw how this has taken off and all of the support offered.  To walk in that
packed court room on the 22nd really blew me away, and I felt bad that I was
having to plea bargain such a bad deal just to get my pups back.  Susan (my
lead attorney) and I had
decided at our first meeting the priorities were, first to get the pups/dogs
back or at least safe; second to keep me out of jail; third to
rectify/overturn/correct what had been coming down; and fourth, get angry
and revenge.  We did not really believe that we could get the kids, but
thought keeping me out of jail was possible.  Appeal to higher court would
have to take care of #3, and #4 would have to been in civil court and the
arena of public outrage toward Littleton and the Littleton Municipal Court.

Susan & Ruthann put together an excellent 17 page motion and off to races we
went.  When Katz (the short prosecutor) offered return of
the kids, I felt that I had no choice to but bargain to that end, whatever
it would cost me.  Thus we both won; I got my kids back and Katz could
continue to exact his revenge on my head and succeed in his original goal of
running me out of town.  So I am still Littleton Public Enemy Number Uno,
but the pups and adults seized, plus the rest of my beasts are safe in
Strasburg (often referred to as “Defoe”) for at least the time being.

Now, without Katz being able to hold my kids for ransom, Susan, Ruthann,
Melissa, and I can get mad.  It is now my turn, but it is going to costly
emotionally and financially.  Katz has now moved toward condemning my two
houses in Littleton, and, as of yesterday, filed charges against Melissa who
now has a court date 3/12 to answer the charges revolving around 6519
{SALLY:  for trash on the lawn!}
I am due back in court 3/26 I believe.

Enough of the soapbox.  Thanks for your help and support.  This should be
interesting, but it is needed to protect us all.  If they can come after me
this way, they can go after anyone in dogs.

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By admin | Posted in Rescue, colorado, dogs, littleton | Comments (2)

Colorado - City of Littleton Seizes Dogs from English Setter Rescue

February 25, 2008 – 8:59 am
On Friday, February 15, 2008, the founder of All Setter Rescue, Bob
Attleson, had the doors at his residence physically kicked (rammed) in
and ‘HIS’ dogs [English Setters], seized by the City of Littleton. He had one 18
month old male, three of his champion bitches and 4 nine week old puppies. The
dogs were taken with a court order alleging that they were being abused.On that Friday morning Bob was at the Plum Creek All Breed Shows in
Denver showing his brace of English Setters. Funny names for the dogs but,
“Pig” and “Jo” went Best Brace in Show at age 7 and 1/2 or 8 years of age. I
can’t remember their true ages, but I am close.

Over the past year Bob has been harassed and sighted for ‘over the dog
limits.’ Many of these citations came when he was either picking up a
rescue and had not placed it in foster as yet or when he was grooming a rescue
after the dog was placed in foster and brought to him for grooming. It didn’t
matter to the City of Littleton, if that was the day that they dropped in for
an inspection, the dogs were counted and Bob was issued another citation.
Bob has been in court at least three times defending his position that he is
active in Rescue and that all the dogs, his and the rescues are loved and cared
for and some being medically attended to coming in from a shelter or an
owner turn in.

This Friday, February 22, 2008, Bob, his attorneys, Bob’s neighbors,
members of the Irish Setter Club of Colorado, members of the English Setter
Parent Club, President and members of All Breed Rescue Network [ABRN],
friends and family were all present at the “Emergency Motion For Hearing On
Illegal Seizure Of Property.” filed by Bob’s attorney, Susan M. Martin. There was
standing room only. The hearing was held and there were stipulations that Bob
had to agree to in order to get his dogs back. His only concern was for the
safety and welfare of his dogs and that meant agreeing to things totally unfair
and nothing could be done about it at this time. If he did not agree, his
dogs would suffer the consequences. The judge then signed an order that the dogs
be immediately released after both parties agreed. One of the stipulations
was that the dogs could only be released to Bob’s agents, the two
attorneys. Both attorneys agreed as they are dog people and also active in rescue,
however, not in the City of LIttleton, where rescue seems to be outlawed.

Even with the Court Order to release Bob’s dogs, it did not go well.
Bob’s dogs were being held at the Colorado Humane Society, a privately owned
organization that is under investigation and sighted for inhumane
activities. The Denver Police had to be called out to officiate to see that the
Judge’s Orders were carried out. If you have read this far, you are probably asking,
why and how can this be happening? We are and have all been asking
ourselves these same questions. But I sat in court with the others and we were
very upset with what we were witnessing and to what Bob had to stipulate to.

I am writing this to the list because Bob’s friends on the west coast
have asked about this, they are calling it the Colorado Incident. They and
everyone concerned should have the details straight from the horses mouth.
Channel 7 was present at the hearing and the story should be aired when they get
it put together and there is a time slot. We are also trying to put together
a ‘Defense Fund’ to help Bob with further action against the City of
Littleton for harassment; mental, physical and financial damages. I asked the
attorneys who was going to pay for the damages done? There will be more court
hearings and appeals. Anyone interested in the Motion that was filed may email
me as I have permission to share it with all Bob’s concerned friends.

I hope this post is appropriate. It involves rescue and a very decent
and caring person that for the last 30 years or more has given more then
anyone I know to saving the lives of lost setters.

Babs
Barbara Miller
Berthoud, CO

one small voice for those that cannot speak
All Setter Rescue

Just another example of rescuers being harrassed.

Contact information for City of Littleton, Colorado:

http://www.littletongov.org/

City of Littleton
2255 W. Berry Ave.
Littleton, CO 80165
Ph: 303-795-3700
M-F 8am-5pm

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By admin | Posted in Rescue | Comments (10)

Scary stuff in Texas

February 15, 2008 – 10:57 pm

Here is the famous expose John Stossel did on the SPCA in Texas. The SPCA (and other animal control agencies) steal people’s animals and sell them. Sounds unbelievable, right? It did to us too - until it happened to us.

The pattern is that the agency (animal control, police, etc) do the raid on a holiday weekend. The hearing as to the disposition of the animals has to take place within 10 days. Since the raid happens on a holiday weekend, that gives you one less day to find an attorney, and if you have never looked for an attorney (I never had) believe me, it is not an easy process.

Once the disposition of the animals is decided (in my county, they are always given to animal control, but the Justice of the Peace has 4 choices - return them to the owner, have them sold at auction, order them killed, or have them turned over to a nonprofit humane agency) there is NO appeal. That’s right, folks, NO appeal. Texas laws - bad for animals *and* owners.

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By admin | Posted in 20/20, texas | Comments (0)