UPDATE 1/22/03 on the Montana Collies

Statement by AWCA President Jean Levitt, from Shelby, MT

*Permission to crosspost*

Trial

                At 9 AM opening arguments began.  Athena Lethcoe-Harman and John Harman were charged with 181 counts of animal cruelty.  The original charge of 182 counts was changed because authorities originally thought there were 11 cats instead of 10.

                Defense attorney Scott Albers stressed the importance of the Valiant kennel because of the genetic work Ms. Harman was doing over the past 20 years with collie eye anomaly.  He explained she needed a large amount of dogs to carry out her work.  He explained the Harmans were moving to Arizona:  1, because of the weather; 2, larger population to sell unneeded dogs to keep number of dogs down.  He explained the normal practice in Alaska was to just shoot all dogs no longer needed in a kennel.  She chose to truck the excess dogs to Arizona rather than shoot them; 3, more stud dogs available; 4, many Europeans are interested in her dogs.  In Arizona she can ship more dogs to Europe; 5, she is diabetic and needed a warmer climate.

                Albers stressed how carefully the Harmans planned the trip to ensure it would go well because of the importance of AKC registration.

                Prosecutor Merle Raph, assisted by Teton County attorney Joe Coble, called U.S. Customs Inspector Russell Hancock of the Port of Sweetgrass.  Hancock testified the Harmans said they were transporting 105 dogs, and that each dog had its own kennel except for a few puppies.  Concerned that the dogs needed food and water, he stated he discussed this with Ms. Harman.  She replied they didn’t have any food.  The defense pointed out it had only been 12 hours since they had been last fed and watered.  He stated she wanted to buy food, but that it was 10:30 at night and the nearest open store was about 60 miles away.  They had some water in a blue plastic barrel.  According to the inspector at Sweetgrass, the only food on the truck was in the bottom of the crates soaked in urine and fecal material.  Inspector Hancock testified he detained the Harmans to get a veterinarian to check the overall health of the animals.  He said it was an unusual case.

                Deputy Sheriff Mike Lamie described inching his way to the back of the truck sideways along the filthy narrow aisle after the chainlink fencing panels were removed.  He described the urine and fecal material that dripped onto his uniform from the crates piled up on both sides of the truck.  He looked into the pens with his flashlight and saw the collies wet with the urine and fecal material.  He described the foul smell, the 0 degree temperature, and the frozen condensation on the ceiling of the poorly ventilated truck.  He called the Toole County Sheriff’s Office in Shelby and reported his findings to then-Undersheriff Donna Matoon.  He also called in Dr. Hardee Clark, Shelby veterinarian, to assess the condition of the dogs.  The portable fence panels from the truck were set up outside, and about 20 dogs were offloaded.  He testified Ms. Harman began giving the dogs water, and attempted to scoop out filth in the bottom of some crates.  He described two collies separated from the others, not drinking water, and appearing listless.  Deputy Lamie testified Dr. Clark asked Ms. Harman why the two dogs appeared unwell, and were separated.  She said they were separated because they were recovering from parvo.  Deputy Lamie explained he felt a crime was being committed.

                Defense attorney Albers pointed out Ms. Harman was diligently watering the 15-20 dogs in the pen, and cleaning their empty crates.  He reviewed Deputy Lamie’s written report and asked him about his statement, “Frozen particles of liquid in the dogs’ fur.”  Albers explained there had been a flood in Alaska before the Harmans began their trip.

                Prosecutor Merle Raph called Dr. James Becker, DVM, the Port of Sweetgrass veterinarian.  He described the sanitation – “Very filthy, filthy cages, filthy animals, and some cleaning had taken place before I got there.”  He assessed the overall condition of the dogs, “...saw one dog basically OUT, couldn’t get up, died shortly.”  His decision:  “Must clean up situation as soon as possible and get those dogs treated.”  He further stated, “Dogs were definitely on the thin side.  I wanted to see if these critters were able to stand.”  He testified he asked Ms. Harman, “What happened?”  She explained, “Fire.”  He testified he asked if she had considered aborting the mission.  He testified that she said she didn’t think they would make it through the winter in Alaska.

                Court was then adjourned until 9 AM Thursday.  The trial is expected to last through Friday.

                Thea Sperline, professional groomer Kay Bullard, and I drove out to Camp Collie today to see the dogs at lunchtime.  They are clean, well fed, and of course continuing to receive veterinary care.  The dog with the most serious hernia has had surgery and is recovering nicely. 

Calmly,

Jean Levitt, President AWCA

Lisa King, AWCA Director AWCA Rescue

Officers and Members of AWCA