UPDATE 5/31/03 on the Montana Collies
Statement by AWCA President Jean Levitt in Anaconda, MT
*Permission to crosspost*
Thursday, May 29, 2003, continuation of previous day’s witnesses. Prosecution called Dr. Kelly Manzer, DVM, of Great Falls, MT. Dr. Manzer received a call on Nov. 1, 2002 to assist unloading approximately 124 dogs at the Marias Fairgrounds in Shelby, MT. Dr. Manzer testified she loaded up her employees, including her veterinary technician, and her mother, and drove to the fairgrounds at approximately 1:30 pm. When she opened the truck and saw the filthy conditions onboard, she put on a rainsuit and went on the truck. “Everyone else was afraid to go in.” She and her technician put eucalyptus drops on their tongues to help with the smell. There were about 10-12 people in attendance. “The first puppy we saw at the back of the truck looked pretty bad. It was very dehydrated and lethargic. I didn’t expect it to live. It was depressed, not interested in drinking.” She gave it subcutaneous fluids. Dr. Manzer explained, “It was overwhelming.” They needed more help. When the fire department arrived, there were then 30-40 people helping. They took off the young puppies first, then the cats, and older dogs. “Then we hit a group of younger dogs.” She stated the top row of kennels were too high for her to open to take dogs out. She is 5 ft 7 in. tall. She described urine and feces in the kennels spilling out onto them. A quantity spilled into the hair of her veterinary technician. She wormed all animals coming off the truck. They could have parasites based on 3 criteria: the number of dogs, their thinness, and the condition in which they were housed. She described using the eyelid test to determine the level of dehydration. Most dogs were 6-8% dehydrated. She testified that at 10% dehydration dogs begin dying.
The jury was shown a photo of 2 shaved dogs which spectators could not see, a blue merle, and a white dog. The white was described as very thin, spine protruding; the blue dog was a little less thin. Dr. Manzer testified the dogs were so thirsty she had to pull their heads out of the water bucket to take their pictures for intake documentation. “Water is the most important nutrient in the body,” she explained. Unlike the puppies, the adults tried to hold their urine and feces, evacuating as soon as they were released from the truck. She ordered 5 random fecal samples on Nov. 5, which came back positive for giardia, roundworm, and cryptosporidium. She testified, “Giardia had to be present in the dogs at least 3 weeks before they arrived at Sweet Grass.” “It was a chronic condition,” she stated.
She described one of the lactating bitches. “We thought she had lost her puppies.” Dr. Manzer went back on the empty truck to look for the puppies. That night that bitch gave birth to 9 puppies and ate 2 of them. (Stress and starvation can be the cause of cannibalism. This bitch is Ms. Harman’s “service dog,” Panache.)
The prosecutor showed photos of matting. Dr. Manzer testified, “Grooming neglect, pretty obvious they hadn’t been taken care of.” Prosecutor Coble: “In your professional opinion, were all of the animals you saw subject to neglect, cruelty, abuse?” “Yes.”
Defense Attorney Albers brought up show dogs. He spoke about AKC standards of weight and height for the collie. He tried to introduce problems and issues during the care of the animals in Montana. Prosecutor Joe Coble objected to the line of questioning. Judge Howard sustained that objection. The prosecutor asked if dogs can be that dehydrated in 36 hours. “No,” testified Dr. Manzer. She explained how it could take over 5 days of almost no water to look that bad. Coble: “Were some about to die?” Dr. Manzer: “Yes, especially the puppies.” Dr. Manzer talked about the extreme matting. “Matting is a sign of abuse, and neglect.” She stated these dogs were “malnourished, dehydrated, had an extraordinary amount of parasites, were dirty, cramped.” She testified, “I would be outraged if a client brought in an animal looking like that.”
The state called Dr. Hardee Clark, DVM, Shelby, MT. He testified when he arrived at the Port to inspect animals, Ms. Harman apologized for their condition, saying, “...not the way I want them to look.” She told him she had 130 animals. She explained she hadn’t been able to take care of them for the last 3 days. Defense Attorney Albers became upset when this was stated, and demanded to know why Dr. Clark hadn’t testified to that in the last trial. Dr. Clark replied, “I was going to.”
Dr. Clark described ice and manure on the floor of the truck, the wet, small quarters, the very dirty, wet, crowded dogs in crates too small to stand in, two dogs in one crate. “Filthy mess.” He testified of manure “that hadn’t been cleaned for days.” He testified he saw very dirty, wet, matted hair coat with clumps of manure hanging off coats. “Wet, couldn’t lay down without soaking in urine.” When asked his opinion, he stated, “These dogs had no ventilation, cold, hungry, thirsty, wet. This was mistreatment.” He was asked to describe #170. “Dead. Did a necropsy, very thin, very dehydrated, pneumonia with secondary starvation.” He described the cats. “Severe upper respiratory infections, kittens dehydrated, gave subcutaneous fluids.” He testified there was a severe hookworm and giardia problem. “Never diagnosed hookworm in native dogs in Montana.” Dr. Clark explained the body condition on these animals was worse than animals he had seen that had been in accidental entrapment for two weeks.
State called John Zell, TCSO Detention Officer, with commercial drivers license. Officer Zell testified the truck was not road worthy. He drove it with the animals in it from Sweet Grass to Shelby Marias Fairgrounds on Nov. 1. “Tires bald, speedometer didn’t work, brakes were bad.” Albers began drawing a truck and tires on an easel in front of the jury, counting tires. He spoke in a low monotone, and I couldn’t hear what he said. The prosecutor addressed Officer Zell. “Would you put 180 of your most precious possessions in that truck, and drive down the highway?” Officer Zell: “No.”
State called Dave Pauli, Regional Director HSUS. Mr. Pauli saw the animals on Nov. 3, 2002 for 4 days. He is an expert in animal cruelty. He described the condition of the animals after 3 days of good food and water at the Marias Fairgrounds: “Sunken eyes, lethargic, reduced activity, eating aggressively, excessively underweight, poor physical shape, dull, filthy coats, badly matted, excessively long toenails, problems with eyes, ears, nose, anals, skin, hotspots, abrasions, cuts, dental condition on dogs was poor. It was a sty.” “I wouldn’t transport my dog across the street in one of those.” Regarding Panache’s “litter.” He testified: “Nobody would put a full-term bitch through delivery on a several thousand mile trip like that. Unacceptable, potentially inhumane.” He felt 60 animals might have been transported in a vehicle that size. “Worse case of seeing so many animals per square foot, largest biomass I’ve ever seen. Every animal was subjected to cruel, inhumane treatment.” The defense argued HSUS is an animal rights organization like PETA, the American Working Collie Association, Collie Club of America, American Kennel Club.
Court resumed at 9 am next day.
Friday, May 30, 2003, Trial Day 4. State called Toole County Sheriff Donna Matoon. She described receiving a call from the Port of Sweet Grass at 4:30 am, Nov. 1, 2002, regarding an incident at the Port. She arranged for a charging of the Harmans with a crime, and the care of live evidence and unloading of the truck at Marias Fairgrounds. The state rested their case.
The defense recalled Officer Lamey to again go over the audit of the animals at Camp Collie.
Defense Attorney Albers called Jon Harman. We heard a long explanation of what jobs he had in his life of 50 years. Interestingly, he worked in a chemical fertilizer plant that used ammonia in the making of fertilizer. He is a certified oilfield technician. He and his first wife ran a boarding kennel. Albers asked Mr. Harman about his wife’s, Athena’s, diabetes. “Who is the major care-taker for her diabetes?” Mr. Harman: “Her service dog. I am her backup.” We heard how worried and concerned he is for her condition. Albers said Athena runs the dogs, Jon runs the household and brings in the money. Mr. Harman: “She has goals that are not shared by other members of the collie world that she belongs to.” Albers: “Did you notice circumstances in your home were declining?” Mr. Harman: “My wife had difficulty with the lack of daylight in long Alaskan winters by becoming depressed, longer winter progressed, more trouble she had with diabetes. Arizona is a better climate, didn’t want to be perceived as poor caregiver of dogs. Rain-saturated dogs’ coats don’t look good.” He described mud percolating up through the wood chips they used in Alaska. “My first wife was a professional groomer, I learned to split mats and take them out.” He said they had a lot of grooming equipment with them, and thought they could comb out the dogs’ coats.” Mr. Harman earns between $70,000 and $80,000 per year. The Valiant kennel is a tax deduction. “My wife loves these animals.” Albers: “Is it fair to say these animals are her heart and soul?” Mr. Harman: “Yes.” Mr. Harman spoke about keeping a log book of the trip down from Alaska. Prosecutor on cross: “Did you save receipts?” Mr. Harman explained, “Not all of them.” (This seemed unusual, especially since they hadn’t saved all dog food receipts, because that would have been a tax deduction.)
We heard about the trip down from Alaska to Montana. Mr. Harman said they had two escapes. All dogs were recovered. No missing dogs. Albers: “At any time were animals left without adequate food?” Mr. Harman: “No.” He testified, “We provided food, water, shelter all the way.” Albers: “Is your wife strong enough to take panels out by herself?” (refering to the heavy, chain-linked panels stored in aisle of truck.) Mr. Harman: “Yes.” We again heard how they unloaded the truck to exercise animals. He said it took 45 min to 1 hour to unload all animals and set up pens. Mr. Harman described sopping out soiled kennels with sponges, dumping out pails, wiping them out with clumps of shed hair stuck to inside of kennel, and wads of newspaper, and sometimes leaving in newspaper to absorb excess moisture. In later testimony we learned they tossed the dog food into the bottom of the kennels. He testified they do their own vet work. “I’m sure there are breeders that have veterinarians on staff. I’m not one of them.” Mr. Harman stated Panache (his wife’s service dog) has saved her life on many occasions. She is a champion (4 years old, has had 4 litters). When asked about her pregnancy enroute, Mr. Harman said, “I told her, do not have puppies in my truck. It’s not the best situation to have puppies enroute, but I’ve done it before. It’s a major inconvenience.” Mr. Harman was asked about an argument he and Ms. Harman had had before arriving at the Port of Sweet Grass. He testified, “Had a diabetic episode, not coherent, we had to stop for a long rest, couldn’t put dogs out where we were, wasn’t going to drive truck down road when she’s like that, she could have jumped in my lap! She was combative. Difficult to deal with.” Prosecution addressed Mr. Harman. “Do you consider it an acceptable risk throughout the trip when you lost one-third of your labor force (referring to Mr. Jon Keck), your equipment and support vehicle?” Mr. Harman: “My wife and I thought we could continue to accomplish this trip with the acceptable risk.” Prosecution: “Was the number of dogs an acceptable risk? “Making more dogs, an acceptable risk? Gathering water where you could, an acceptable risk? Buying food where you could, an acceptable risk? Spouses’ medical condition, an acceptable risk? You made the decision whatever happened on that trip, all these things were acceptable risks?” Mr. Harman: “We felt it was within our ability to accomplish. Yes.”
To be continued...
Calmly,
Jean Levitt, President AWCA
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