UPDATE 1/27/03 on the Montana Collies
Statement by AWCA President Jean Levitt, from Shelby, MT
*Permission to crosspost*
The defense called Gerald Byle, licensed mechanical engineer. Mr. Byle discussed at length how he mathematically calculated the ventilation in the truck during the trip. First he allowed himself to be closed in that truck to determine where the air holes were. Figuring in the areas on the exterior where the concentrated "bug spray" remained, he was able to determine where the concentrated air flow was. He took into account the size and number of kennels, animal body heat, temperature of the outside air and other variable factors.
Defense: "Is there any doubt in your mind that the air exchange was sufficient for these dogs?"
Mr. B: "No"
He explained the ammonia odor described at the Port Of Sweetgrass by the officer who first opened the truck doors as gas accumulating in a bubble at the top of the inside of the truck. Opening the doors created a draft, the ammonia odor rushed out in to the cold 0 degree air. Fresh air was at the bottom of the inside of the truck.
Defense: "Was this cruel treatment?"
Mr. B: "No"
Defense: "...evidence of neglect or mistreatment?"
Mr. B: "No"
The prosecution then questioned the witness.
Prosecution: "How did you obtain calculations?"
Mr. B: "...verbal discussion with Mr. Harmon. Recalculated them after discussion with defense attorney."
Prosecution: "All calculations have variables. Isn't that correct?"
Mr. B: "Yes"
What followed was a hard to follow explanation of why the air was just fine in the truck despite all of the urine and feces and the fact that the wooden kennels had only a tiny fraction of an inch crack around the solid wooden doors. When asked by the prosecutor to calculate the effect of humidity inside the truck, the engineer admitted, "it is hard to characterize humidity."
Prosecution: "There is a difference between reality and theory."
Defense called Dr. Gary Brian, board certified veterinary ophthalmologist from Washington State. This witness, as did all of the following witnesses, testified on webcam.
Dr. Brian explained CEA is an inherited, non-progressive disease of the back of eye and optic nerve. He described good and bad genes, glaucoma, severe CEA and explained most breeders try to breed dogs with lesser CEA. Dr. Brian explained dogs mildly affected go through life with normal vision, looking normal, with no problems.
Defense called Dr. Joyce Murphy, veterinary ophthalmologist from Alaska. Dr. Murphy testified she has done almost all eye exams on Ms. Harmon’s dogs and knows her parents. She stated it is a 4-6 hour drive to her office from Ms. Harmon's kennel, that Ms. Harmon brings her puppies for eye exams; that she is doing important work on CEA; does not "test and slaughter," which is why she has so many dogs. Dr. Murphy testified, "There are not many breeders like her, unfortunately."
Again, Sultan was brought up as a normal eyed non carrier #10 collie in the country in 1996.
Defense: "Is Athena Harmon a responsible breeder of collies?'
Dr. M: "Yes"
Defense: "Does she love them?"
Dr. M: "Yes, she cared very much about them...good ethical person, choosing to do the right thing."
Defense: "Is it easy to place collies in Alaska?"
Dr. M: "No, she has advertised in different ways, by word of mouth, show journals, and over the internet."
Dr. Murphy continued, "If you care about this breed contact Athena to breed to Sultan. Other breeders take the easy way out and slaughter dogs."
Defense: She has been charged with 181 counts of animal cruelty. Is she the type person to put animals in some type of animal cruelty?"
Dr. M: "No"
The prosecution then addressed Dr. Murphy. He inquired how much she charged per puppy, the answer "25-45$" and asked: "Did you see these dogs on 10/31/02 in Sweetgrass, MT?"
Dr M: "No"
Defense called Anita de Bruin Gamper in the Netherlands. Ms. Gamper testified that she met Ms. Harmon on the internet while looking for collies without CEA. She felt Ms Harmon was very sincere and open about everything. She went to Alaska to meet the Harmons and stayed in a rented trailer. She stated the dogs were well cared for.
Defense: "Who is Jann Krekt and how is it he came to assist in this move?"
Ms G: "He has a truck driver's license. We are all business partners and friends. Jann was going to help with the dogs and see several states."
The "Staubbies" (Staubyhund) were brought up and Ms Gamper explained they are used for herding. One of the "Staubbies" belongs to another breeder and 2 are co-owned by Harmon & Ms Gamper.
Ms. G: "I would even hand my kids over to Athena because she would treat my kids as well as her dogs."
She further stated that "there is only 1 non carrier collie in Europe, mine, from Athena."
The prosecution then questioned her.
Prosecution: "Were you in Sweetgrass, MT on 11/1/01?
Ms. G: "No"
Prosecution: "Did you make the trip with Ms Harmon from Alaska to Arizona?"
Ms G: “No"
The defense called Jann Krekt who was with Ms Gamper. Ms Gamper helped to translate. Mr. Krekt testified he was on the trip going from Alaska. He stated he went to Ms. Harmon's to "get some dogs". They asked him if he would drive. He drove the ambulance with the horse trailer behind with things of Ms. Harmon's, dog food, some cats and 2 dogs. He described a very slow trip, taking out every dog each morning; setting up pens; cleaning the truck; and the severe rainstorms in Alaska.
When the ambulance "accident" occurred he went back to Anchorage because there was only 1 bed and there was a pregnant collie in it. He grew impatient because it took the whole morning to get all the dogs out of the truck and he was afraid he would not get to AZ in time for his flight home.
It was established Mr. Krekt took 100 dogs to the vet during the week on 10/16 and unloaded them after returning to Ms Harmon's. He reloaded all animals on 10/26. He said it took all morning as Ms Harmon decided where each dog should go. He described the ambulance burning up in Palmer.
Defense: "At any time did you see any evidence she was mistreating dogs?"
Mr. K: "No"
Defense: "...any evidence she was neglecting the dogs?"
Mr. K: "No"
The Defense called Gwen Town, in Alaska, who testified Ms Harmon as a "brittle diabetic" The darkness of Alaska sent her into depression. She was moving to Arizona for more daylight and where shipping dogs was cheaper. Ms Town stated she never saw the set up in the truck but she saw a diagram of it. She testified the dogs slept and ate in the crates. She also said that the dogs in MT were covered in mud not feces.
Defense: "Would she treat dogs in a cruel and neglectful manner?"
Ms T: "No, these are her kids, her babies"
The prosecution then questioned Ms Town.
Prosecution: "Did you help make plans for the move?"
Ms T: "I saw pictures of the kennel in Arizona."
This witness didn't see the truck loaded, didn't know how many crates were stacked in it and didn't help load it.
Folks, I sat with one of AWCA's professional groomers, Kay Bullard, during this testimony. Kay helped groom these animals in December and again in January. Kay told me in the car on the way back to the hotel "I definitely know the difference between mud and feces!"
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.