UPDATE 1/24/03 on the Montana Collies
Statement by AWCA President Jean Levitt, from Shelby, MT
*Permission to crosspost*
Trial.
Dr. Kelly Manzer’s, DVM, testimony continued.
Prosecutor: What attributed to the matting?
Dr. Manzer: Confined in unclean condition, lack of routine grooming.
Prosecutor: Were they healthy dogs?
Dr. Manzer: No.
Prosecutor: Were all dogs neglected?
Dr. Manzer: Yes.
Prosecutor: Were all subject to abuse?
Dr Manzer: Yes.
After a 10-minute break, defense attorney Albers showed Dr. Manzer and the jury photos we, the spectators, could not see. He asked if she would agree the photos showed a beautifully groomed show collie. Dr. Manzer replied, “Beautiful.” The defense stated that Ms. Harman was a professional groomer, and that she had groomed the dog in the photo. Dr. Manzer testified, “The matting on the dogs was total neglect...Even worse for me to know she is an expert groomer. That tells me she knows the difference.”
The prosecution called Dawn Seifert, supervisor of animal care at Camp Collie [the pretty woman with the jacket full of puppies]. Ms. Seifert testified she had been called by Sheriff Matoon to “help unload some animals.” When she arrived at the Marias Fairgrounds about 30 people were on hand to help unload the truck. “Stuff was leaking out all over everybody.”
Prosecutor: What stuff?
Ms. Seifert: Urine and feces.
She testified, “Some people unloaded the truck, some took them out of crates and over to the veterinarians for an exam.” She continued, “We gave them food and water as soon as possible.”
Prosecutor: How did they look?
Ms. Seifert: ...very thin, sickly looking, lifeless, quite a few had difficulty walking, they seemed scared, some were afraid of people.
She continued, “I’ve worked with them every day. I make sure they are fed, watered, walked, everything.”
Prosecutor: Have you had help?
Ms. Seifert: Our whole community. I’ve got a list: 4-H, professional groomers, PetCo, the American Working Collie Association. The American Working Collie Association helped a lot with medical, bedding...
At this point the defense interrupted her and would not let her finish. Clearly he didn’t want her to read the list. The prosecutor then continued with questions having to do with how many man-hours it took to care for the animals every day. Ms. Seifert then did some math on a piece of paper and determined it took 33 man-hours a day to feed, water, and clean the pens. It took another 18 man-hours to walk all of them.
The prosecutor guided Ms. Seifert through a measuring project of the actual square footage of the housing facilities for the animals in an effort to compare Shelby’s facilities for the dogs to the 40 by 40 foot building Ms. Harman planned to house the animals in Arizona. They determined with figures on square footage that the Harmans’ planned facility was woefully inadequate. Defense attorney Albers asked her, “Why not stack them in crates?” Ms. Seifert replied, “Would you want to be on the bottom of an outhouse with pooh falling on you?”
Following a break the Pros called Dave Pauli, regional director of the Humane Society of the United States (HSUS). Mr. Pauli testified: “My overall impression – the dogs were dirty; wet; dehydrated; I saw dried compacted stool; they were constipated, indicating dehydration. After 30 hours of free access to water and food, they were still this way...inactive, weak, lay at back of stalls, continually drinking water.”
The prosecutor asked about matting. Mr. Pauli described one blue dog as “completely bound up.” He explained the term: “So seriously matted it restricted the dog’s ability to move, and it caused pain.” Mr. Pauli stated there was another dog in similar condition [a blue-headed white male]. He had those two dogs shaved immediately because according to him it would have taken 8-10 hours to groom out a dog in that condition. The two shaved dogs were housed indoors. After they were shaved Mr. Pauli said there was an absence of fat, poor physical condition, sunken eyes, low energy, 3-5 hot spots, skin irritation...”
Defense attorney Albers: Objection.
The defense interrupted Mr. Pauli frequently, however, Mr. Pauli was allowed to continue describing the condition of all of the animals: “Severe matting, dehydrated, low body weight, abnormal to have hot spots, bad teeth.” Mr. Pauli continued, “The matting was horrendous.” He explained, “Matting, and cold weather decrease insulation. Matting causes skin diseases, and foreign materials.” He further explained, “The dogs lay in urine. Their obvious sunken eyes were a sign of dehydration, and their bowel symptoms a sign of dehydration and also a sign of intestinal parasites...giardia and hookworms.” He said the dogs were “wormed” coming off the truck. The defense objected to the mention of worms and worming.
Mr. Pauli described body oils on the crates accumulated over a long period of time. Even after a portion of the crates were steam-cleaned for later use if necessary, they were still filthy with body oils plus urine and feces. He explained that is how disease is contracted. The prosecutor asked Mr. Pauli what he looked for to transport animals. The defense atty, Scott Albers, objected and began arguing, “HSUS is clearly affiliated with PETA.” Albers attempted to discredit Mr. Pauli by bringing up unrelated real estate holdings of HSUS and criticized HSUS for offering up to $2500 reward for information leading to conviction of persons who abuse animals.
“Who got this reward?” Albers asked.
“There was no reward,” replied Mr. Pauli
The prosecutor read from Mr. Pauli’s written report regarding the transport of the 182 animals in the truck: “Largest biomass in square feet I’ve ever encountered.” The defense again interrupted, and said the witness was not qualified. The judge determined he was qualified. Basing his observations on 22 years of investigating animal cruelty, Mr. Pauli stated, “This truck with 182 animals’ systems – 182 sets of lungs – was not suitable for humane transport.” He explained, “...would have needed radical modifications to the trailer to go that distance.” He further explained, “For HSUS to transport those animals we would have used 3 vehicles with fixed water bowls in every cage, and bedding, to carry the animals, and at least 10 people plus several support vehicles.” Mr. Pauli reiterated, “It could have been done humanely.”
Mr. Pauli stated it would have been better to settle without judicial involvement...more effective because “the amount of money being spent on this case could have paid for shipping all of the animals first class to Arizona.” He described the animals were “in a box, in a box, overcrowded, in unsecured cages, with poor ventilation, lack of sanitation, lack of food, water, shelter.” He felt 3 and 4 tiers of cages were unacceptable...should not be more than 2 tiers. “The wooden cages were a problem,” he stated, “because wood absorbs urine...no openings for air exchange.” Mr. Pauli further explained, “Mushers face openings of cages outward for fresh air exchange. These cages faced inward. One ill dog can infect all dogs. The cages with multiple dogs in them were a problem.” Mr. Pauli testified, “I would have to say, 182 animals in this truck is knowingly, consciously, inflicting neglect.”
The defense created a very long delay. Mr. Pauli was finally allowed to continue, “...no water bowls, no bedding, 3 and 4 tiers of unsecured stacking...problems with safety for animals, safety for handlers, spillage of urine and feces from cages, poor air higher in the truck, urine and feces cascading out of cages, solid doors on wood kennels...a cross-contamination nightmare.”
Defense attorney Albers argued, “HSUS is anti-breeder, and just wants to sterilize all of Ms. Harman’s animals.”
The defense called Donna Miller. [Ms. Miller races Siberian Huskies.] She stated that sled dogs are athletes and kept thin. She explained she transports 20 dogs to races. Albers asked questions regarding dehydration and ventilation, which Mr. Miller answered after seeing selected photos displayed by the defense. She determined the animals, “Looked wet...needed a bath...didn’t look dehydrated.”
When Albers asked if she would have turned back 100 miles to her home in Alaska if the vehicle hauling food and supplies for the animals had caught fire, she replied, “No.” She continued, “I would have arranged for supplies along the way.” Albers asked her about CEA. She replied, “I believe it means detached retina.” Albers told her Ms. Harman’s normal-eyed dog Sultan was #10 in the country in 1996, and showed her a photo. Ms. Miller said, “It is very unlikely she would neglect this quality of dog.” During cross-examination the prosecutor asked how she got involved in this case.
Ms. Miller: I got a call 3 weeks ago.
Prosecutor: Have you met the defendant?
Ms. Miller: No
Prosecutor: Did you travel to Shelby with them?
Ms. Miller: No
Prosecutor: So you don’t know how the dogs looked before loading in Alaska, and after arriving in Shelby?
Ms. Miller: No
Prosecutor: Have you ever seen these dogs?
Ms. Miller: No
Defense attorney Albers then addressed Ms. Miller: “The prosecutor asked you about matting.” [which he did not] Albers showed her a photo of #63, which we, the spectators, could not see. Ms. Miller said, “Possibly wet.” She refuted putting water containers in kennels as long as the animals were watered regularly. She described “pet people” feed dogs table food and they sleep on the furniture. Kennel people are more efficient with feeding large quantities of dogs. Albers asked her to describe “alpha bitch.” Ms. Miller explained Ms. Harman would be regarded as alpha bitch by the dogs. They would follow her instructions. Ms. Harman would be able to tell the dogs to unload themselves from the truck quickly. All she would have to do was open the doors on the cages.
Albers then went into a long description of a poodle musher who ran the Iditarod, and again attempted to descredit HSUS by revealing the poodle musher was the president of HSUS.
Court was adjourned at 3:55 pm. The trial will resume at 9 am Monday.
Folks, if you will allow me a personal observation, Sultan, Ms. Harman’s #10 collie in the country in 1996, was whelped in 1992 according to the catalog at CCA National that year. I have seen no collies in Shelby that appear to be anywhere near their 11th year.
Calmly,
Jean Levitt, President AWCA
Lisa King, AWCA Director AWCA Rescue
Officers and Members of AWCA
If you would like to assist AWCA with this rescue effort, you may send a check to:
Bethany Burke
AWCA Treasurer
2807 Lee Trevino Court
Shalimar, FL 32579
Make the check out to AWCA and in the memo area note: collie rescue-medical, collie rescue-stainless steel, or collie rescue-general.