UPDATE 6/2/03 on the Montana Collies
Statement by AWCA President Jean Levitt in Anaconda, MT
*Permission to crosspost*
Friday, May 30, 2003, Trial Day 4, Continued. Defense calls Athena Lethcoe-Harman. Albers: "Is that the way you want your dogs to be seen?" Mrs. Harman: "No." Albers: "Is this kennel your life, soul, and hope?" Mrs. Harman: "Yes."
We heard all about Mrs. Harman's diabetic condition and the necessity to check her blood sugar frequently. We learned she chose not to have children because of her health condition. Mrs. Harman: "They are my children." Albers moved Mrs. Harman from the witness stand to right in front of the jury. He held the photo album containing all photos of her animals from No. 1 through 180, and explained to the jury "She knows every name of the dogs." Albers opened the album, and page by page he pulled out a photo from a plastic sleeve, handing them one at a time to Mrs. Harman. He began very quietly mumbling in a monotone to the jury. Mrs. Harman acted in a congenial, social manner, addressing the jury as if they were her guests. She gave a name to many dogs, and told the jury something about the animal in the small photo. We, the spectators, could not see the photos being discussed.
She showed the jury a photo of Ch. Vogue. Albers audibly asked her what shape the dogs were in when the trip began. Mrs. Harman replied that most of them were in ideal shape. Albers: "You are a breeder of very high quality collies." She then began an explanation of how the collie breed standard was responsible for the veterinarians mistakenly saying that the dogs had "sunken eyes" when describing the level of dehydration. She discussed how the "oblique" eyes of a collie were incorrectly thought to be a symptom of dehydration. When she was handed photo #9, Panache, she explained that was her "diabetic alert dog." Panache had exhibited that ability at 7 months of age. "At 14 months she nosed me, kept pestering me, until she brought me around enough so I could crawl into the kitchen," Mrs. Harman said. "She had the best care she could possibly get. If anything she was too fat."
During her narrative Mrs. Harman explained why her "service dog" Panache had puppies 10 days prematurely. "She was put in a stall with puppies nursing on her. This often brings on birthing."
Albers read the veterinarians' intake comments from each sheet accompanying each photo: "sunken eyes, very thin, covered in urine and feces, hookworm, parasites, etc." Mrs. Harman explained as she studied each photograph that the dog had "oblique" eyes, which did not indicate dehydration. It indicated correct eyes according to the breed standard. She dismissed each veterinarian intake description of "thin", and repeated an explanation about collies being athletes. "Very thin" is a 3 on the Body Condition Scale. Those dogs were "high energy," burning fat, running around, very hard to keep weight on. She explained it was normal to drop 1 point (on the body condition scale) of weight on a trip. "Emaciated" dogs were described as having recently recovered from parvo. She explained she was giving extra meals of high energy food before and during the trip to dogs described as emaciated.
The slurry of urine and fecal material coating the dogs, and the chunks of fecal material hanging off of huge mats on the dogs were dismissed as "needing a bath," or "would need to be groomed.” When Albers read "hookworm" Mrs. Harman explained her "wormer" was burned in the fire at the beginning of the trip. She had intended to worm all dogs during the trip, and "there are fewer parasites in AZ. The sun affects that.”
As Albers pulled out photo after photo and read veterinary intake descriptions on each dog, Judge Howard interrupted. "Excuse me, are you going to go through every one of those?" Albers: "Yes. Each one is a criminal charge." Mrs. Harman discussed that she wanted to adopt out dogs that do not fit into her breeding program. She also wants to place in homes breeding stock so they will have a home life but be available to her for breeding. Court was adjourned for the day.
Saturday, May 31, Trial Day 5. Court resumed at 9:20 a.m.
Instead of taking the witness stand, Mrs. Harman was seated a few feet directly in front of the jury. She and Albers continued going through photos of each dog as they had done on Friday. She offered the same sort of explanations she had used on Friday to respond to the intake comments written by the veterinarians. We learned which dogs were champions and that she presently owned between 10 and 12 champions. She told the jury several of the dogs alert her to low blood sugar. Albers discussed nourishment. "Were they given food and water?" Mrs. Harman: "If we didn't have enough food for all dogs, we gave a little bit to each dog. Dogs that needed to lose weight, we gave a little less food."
Albers began mumbling in a low monotone to the jury. Although I sat in the front row of the spectators' section of the courtroom, about 10 feet away from him, I could not distinguish what he was saying. The process of discussing photos of each dog continued, with veterinarian-written comments mentioned, "scars on the face." Mrs. Harman dismissed those as "bought the dogs from someone else, will not disqualify from show ring." Mrs. Harman: "Ch. Valiant Designer's Choice." Albers had presented her with No. 30. "He floats, wonderful movement." She explained that the collie is a herding breed, and emphasized movement and angulation. Mrs. Harman: "Judges put more emphasis on coat and head in the breed ring." When the veterinary intake sheet on a dog stated "rotting teeth,” Mrs. Harman would say "needs a dental," and described how she does that herself. She explained to the jury, "Collies are known to have more dental problems than most breeds." Occasionally she couldn't recognize a dog in the photo. She would say, "Name has gone totally out of my mind." Albers presented No.33. Mrs. Harman: "Ch. Midas, best dog in my whole kennel. Fabulous temperament, flew through his championship." She explained he had completed 60% of his training to be a diabetes alert dog for her. He, according to Mrs. Harman, took a Group 4 before his Championship. Albers, audibly: "Would you ever subject this dog to cruelty?" Mrs. Harman, "Absolutely not." Albers showed her No. 34. He read the intake sheet: "Blind?" Mrs. Harman: "Purchased for test breeding. Not of my breeding."
Mrs. Harman was shown the photo of No. 35, "Ch. Sultan," the dog who recently died on the operating table while undergoing surgery for bloat. Mrs. Harman began to weep. She said, "Sultan, primary stud of my breeding program. No. 10 in the nation in 1996 Canine Chronicles." Albers asked if he was an extraordinary dog. Mrs. Harman: "Yes. He saved my life." She also explained "he climbed up a pull-down ladder to save another woman he was staying with." Albers: "You have been charged with criminal negligence. Would you neglect that dog?" Mrs. Harman: "No." (The AWCA Professional Grooming Team Captain, Rev Oakes, reported that he was among the dogs in the worst grooming condition.) Albers continued: "No. 36, very dehydrated." Mrs. Harman: "Obliquely set eyes." Albers continued: "No. 37." Mrs. Harman: "Saint, a champion." Albers: "No. 44." Mrs. Harman: "Looking for a home for her." No. 45, Mrs. Harman, "Ch. Mystique, two Group 4's as 10 month old puppy." Mrs. Harman stated that this dog alerts her to low blood sugar also. Albers began discussing Westminster. He explained to the jury what a prestigious show it was and that her dogs were worthy of being entered. It wasn't clear whether or not Mrs. Harman's dogs had ever been shown at Westminster.
Mr. Albers moved on, "No. 46." She didn't appear to know. No. 47, No. 48, No. 49. "No. 50." Mrs. Harman: "Fantasy." Albers, "sunken eyes." Mrs. Harman, "oblique." No. 53, "Silver Chalice." Albers: "eyes crusted," Mrs. Harman: "Visine." The pattern was repeated. "No. 56" "Champion Lady Guinevere, diabetic alert dog. Flew through her championship. Judge pulled me aside and complimented me." Prosecutor Joe Coble: "Hearsay." Judge Pete Howard: “Sustained.” Moving right along, Albers: "No. 63, particularly badly matted" (still reading from the veterinary intake report). Mrs. Harman: "Shedding puppy coat." (AWCA Professional Grooming Captain, Rev Oakes, reported No. 63 had gone several seasons without grooming and had a particularly filthy, matted coat.) Albers: "Isn't negligence of any sort, just a bad hair day?"
It became obvious that Mrs. Harman could not recognize all dogs from the photos. Her excuse was that the photos were too dark. Continuing, Albers: "No. 83, dehydrated." Mrs. Harman: "Talent?" and then, Mrs. Harman said "Talent? She was not dehydrated at the border. She became dehydrated between Sweet Grass and the fairgrounds." Albers: "No. 84." Mrs. Harman: "Looking for a home." Albers hurried through many numbers and settled on No. 102. "Sterling, my old guy. He fits nicely in my breeding program." (No. 102 is "Blue." I was his collie hugger. He was in the tub nearly 3 hours before the professional gromers could get all the fecal material and mud out of his coat using a hydrosurge power shampoo machine.) This testimony was interminable. Albers began to hurriedly count through it, but it went on a long time because of the large number of dogs, and because Albers fumbled in the plastic covers of the notebook to pull out photos and intake sheets to show to Mrs. Harman. She in turn showed it to the jury. Finally Albers asked his secretary to retrieve the photos at the end of the six jurors' row and replace them in the plastic folder for him. Clearly Mrs. Harman did not know the names of all of her dogs in the photos.
Albers: "No. 165." Mrs. Harman: "Winter. Perpetual motion machine. He was on puppy food 3 times a day. He wouldn't eat at all." (This dog is the blue headed white loose in the back of the truck at the Port of Sweet Grass, standing on top of a tipped-over crate which was wedged sideways on top of the fencing in the aisle. Dave Pauli testified at the first trial that this dog was so "bound up" with severe matting, it was extremely difficult for him to walk, it was tearing his skin, and causing him pain. Mr. Pauli ordered him shaved. Winter spent the winter in the heated SAR building in Shelby. He was a playful boy and nipped my backside when I collie-hugged Blue, No. 102, at the grooming table backed up to Winter's pen. When I gave a jerk and dropped the comb I was holding, as I bent over to retrieve it Winter pulled the barrette playfully out of my hair. He exhibits even more of his cheerful playfulness as recently as one week ago. Winter was so thin his spine protruded and his ribs showed in the evidence photo described as an example of emaciation by the prosecution. He has gained weight, his coat has grown back, and he is happy and beautiful.)
After No. 180, a cat, Albers closed the notebook. "Is it fair to say each of these animals loves you?" Mrs. Harman agreed. Albers: "Was any dog treated cruelly?" Mrs. Harman, "No." Mrs. Harman denied she told Dr. Clark that she had not been able to care for the dogs for three days. She said there was nothing wrong with stacking dogs in kennels, she did that in Alaska. (In the last trial Albers indicated she intended to stack them in Arizona.) Albers admittedly led his witness apologizing to the judge by saying he was hurrying to fit into the time frame. Albers began talking about grooming being postponed until December, therefore, it was not an emergency that they needed grooming. The prosecutor objected to the line of questioning. Judge Pete Howard: "Sustained." (I sent the groomers into Shelby when the Toole Co. Sheriff's Office gave AWCA permission. The veterinarians determined when the animals had recovered sufficient strength to withstand the grooming process.) Albers: "Any control when Panache has puppies other than gestation?" Mrs. Harman: "No." Albers: "Any control of burned ambulance?" "Mrs. Harman, "No." Albers: "Were you doing the right thing?" Mrs. Harman: "Yes." Albers: "Has this cost you everything in the world?" Mrs. Harman: "Yes." Albers: "Given the circumstances do you feel anything you have done was wrong?" Mrs. Harman: "No."
Prosecutor Joe Coble cross examined Mrs. Harman. Prosecution asked about the testimony of Dr. Hardee Clark. "You indicated you felt he was lying." Mrs. Harman: "Yes." Prosecutor: "You asked Dr. Clark and Dr. Becker for veterinary care for No. 170 and they didn't give it?" Mrs. Harman: "Yes." (This is the dog found dead on the truck. Dr. Clark testified in the first trial he did a necropsy on this dog and found it had died of pneumonia by aspirating E. coli bacteria from the urine and fecal broth in the bottom of his kennel. The cause of death was also established in this trial as pneumonia with secondary starvation. Prosecutor: "Do you think Mr. Pauli lied during his testimony?" Mrs. Harman: "Yes." Prosecutor: "You have testified for about four and a half hours. You are a brittle diabetic." Mrs. Harman: "Yes." Prosecutor: "You managed your kennel in Alaska by yourself." Mrs. Harman: "Yes." Prosecutor Coble: "How many hours a day to manage a kennel?" Mrs. Harman: "As little as 6, as many as 24. Average 10 hours a day." Prosecutor: "You told the Calgary Herald 16 hours a day" Mrs. Harman: "Prior to leaving, at least 16 hours a day." Mr. Coble reviewed the 2 years she had planned the trip; her lack of sufficient paperwork to enter the U.S; what she salvaged from the fire (according to Mrs. Harman, a couple of x-pens, a water container off the side of the vehicle, all animals, but not rabies certifications); reviewed dog hit by car near Palmer with tattoo VS011 had been sold by her 3 years ago. Prosecution: "Ever hear of anorexia?" Mrs. Harman: "Yes." Mrs. Harman admitted she didn't know how many dogs she had left Alaska with. She denied she told Sweet Grass officials she only had 105. She didn't remember she told a Royal Canadian Mounted Policeman she had only 75 dogs. Prosecutor Coble: "In prior proceedings you said 75, didn't you?" Mrs. Harman: "Yes. Not sure my blood sugar...I told Deputy Lamey and Dr. Clarke I believed 120 - 130. Hadn't counted. I knew them by name". Prosecution: "In fact, you miscounted your children by 50. You were 50 off, weren't you?" Mrs. Harman: "Yes, I was 50 off." Prosecutor. Coble: "On Oct. 11 didn't Cathy Wolf tell you you had hookworm?" Albers objected. There was discussion with the judge at the bench.
Resuming, Prosecutor Coble said, "Fence panels weigh 70-90 lb." Mrs. Harman "Yes." Mr. Coble established she took the heavy panels out of the truck, set them up, lifted dogs weighing an average of 50-60 lb excluding puppies (according to Mrs. Harman); assessed each dog; kissed them; watered and exercised them; cleaned each kennel; never had them out less than 9 hours according to her interview in the Calgary Herald; took only approximately one hour to unload dogs; brought all dogs back onto the truck; put them in their own particular kennel; lifted each dog, and handed it to her husband while he balanced on a ledge to load dogs in upper rows of kennels. 66 loaded themselves in the lower two levels of wooden boxes. Mrs. Harman: "Yes" to all of this. Prosecutor: "I asked you about that because your health seems to be frail." Mrs. Harman: "Yes." Prosecutor: "All exertion affects your blood sugar." Mrs. Harman: "Yes, but not drastically." Prosecutor Coble reviewed the trip down to the port of Sweet Grass from Red Deer, establishing that the dogs were without food, water, or exercise; locked in the dark truck for 12.5 hours. Prosecutor Coble: "How long did you think to clear the port?" Mrs. Harman: "About 20 minutes." Prosecutor Coble: "That's about 13 hours in the truck. Now you're going on to Shelby." Mrs. Harman very nervously responded, "Don't know, unconscious during trip". Prosecution: "When you left Red Deer you didn't have enough food, did you?" Mrs. Harman: "We decided to buy it in the U.S." Prosecutor: "You bought food for yourself." Mrs. Harman: "Yes, we had something for dinner." Prosecutor: "You managed to water Panache. You didn't go to the restroom in the cab of the truck, did you? That would be ludicrous." Mrs. Harman in a very small voice: "Yes." Prosecutor: "Panache wasn't back on that trailer." "Mrs. Harman: "No, she was not back on that truck." Prosecutor: "Some kennels were out of service. Wouldn't intentionally put an animal in an out of service kennel. But you did, didn't you?" Mrs. Harman: "Yes." Prosecutor: "Didn't keep receipts, but your kennel is a business, isn't it?" Mrs. Harman: "Yes."
Following a break, Mrs. Harman returned to the witness stand. Prosecutor Coble: "Difficult to tell some of the dogs because the photos were dark." Mrs. Harman: "Yes." Prosecutor: "In the trailer in the dark with only a flashlight you could identify them with a flashlight, lifting them up, doing all you did before but now you're holding a flashlight?" Mrs. Harman: "Yes." “You had no control over when puppies were born. You had control over whether or not to breed the bitch, didn't you?" Mrs. Harman: "Yes." Prosecutor: "Panache is your service dog." Mrs. Harman: "Yes." Prosecutor: "You would BREED a service dog?"
Mrs. Harman: "Yes." Prosecutor: "You would put her through CHILDBIRTH?" Mrs. Harman: "I don't know what you mean by childbirth? She LOVES having puppies. She comes into season every 10 to 12 months. She nurses other dogs' litters repeatedly." Albers interrupted hurriedly and created a delay. Prosecutor Coble: "Your dog 'Sultan'.. 10th in the nation in 1996 in Canine Chronicles." Mrs. Harman: "Yes." Prosecutor: "I have in my hand the 1996 Canine Chronicles." Albers jumped up and scurried to the bench, creating another delay, arguing with prosecutor Coble, and Mr. Coble was heard to say "I have a suggestion, your Honor." Albers and the judge agreed to whatever it was, and the prosecutor continued. Mr. Coble: "You of course have proof Sultan was 10th in the nation in 1996." Mrs. Harman was clearly flustered. She was trapped, and she began to stammer, "I received something from Purina, I don't know, I don't have...I..." Prosecutor Coble: "That's good enough for me. You don't have proof." The prosecution further addressed Mrs. Harman. Mr. Coble: "Was it adequate conditions on the trip?" Mrs. Harman: "Best we could do with conditions." Mr Coble repeated: "Were conditions adequate or better than adequate on that trip?" Mrs. Harman: "Yes."
We were given a very long lunch break. When we returned from lunch the judge instructed the jury at 4:52 p.m. They were charged with determining guilt or innocence to the following:
1. Without justification
2. Knowingly or negligently
3. Inflicted mistreatment or neglect by
4. Carrying or confining an animal in a cruel manner
5. Or failing to provide food, or drink, or shelter
Closing statements:
A time limit of one hour was set for each side. Prosecutor Merle Raph: "It has been said a society can be judged by how it treats its small children and animals." Mr. Raph reviewed carefully the judge's instructions so there would be no misunderstanding.
Defense Attorney Albers spoke with a shaky voice, and fluttering eyelashes: "On behalf of Jon and Athena Harman show mercy." He emphasized guilt must be proven beyond a reasonable doubt. He reminded the jury that 1) worming tablets, 2) a bowl of water, 3) a bowl of food, 4) a bath were all that were needed to restore the animals. He insisted they were justified. "This whole trip was a justification for disaster. They were not trying to impose cruelty on these animals. They just wanted to get down to AZ, 3 or 4 days, and get rid of the truck. All that was going on here was circumstances beyond their control." He compared the trip to people on wagon trains coming to Montana and assuming risks. He spoke about the seriousness of the jury's decision. He said it was as important as the decision to "unplug your mother if she was dying, or committing your father to a mental institution if he was going crazy." After saying that, Albers gave a very nervous, peculiar giggle. Albers brought up the subject of food. "They had an entire trailer of food." He insisted the problems along the way were a "gross deviation beyond what a reasonable person would allow to occur. When they got to Palmer they could have blown their brains out. They could drive the animals off a cliff." Albers continued, "That's not what they did. These two people have dedicated themselves to nothing but dogs." He addressed "failing to provide proper food, drink, shelter:" "They began being thin." He showed photos of puppies which the spectators in the courtroom could not see. "In no way have these puppies been deprived of food." He used Deputy Lamey's report, quoting him concerning Mrs. Harman at the port of Sweet Grass: "apparently diligently working to care for animals." Appealing to the jury he said: "Ladies and gentlemen, we have left Toole County and come to Anaconda for your sense of independence. So you will like them, think that they are worthwhile. They are as innocent as you. For Athena and Jon Harman this will be the most important affair they will ever have in their lives." He displayed the photo album. "These animals have been cared for all of their lives by the Harmans." He showed photos of fecal and urine filled kennels, and said "just wipe them out with some paper and water and put the animals back in. Please find us not guilty. Please let us go We are hoping and praying for you to find them innocent.
Prosecutor Joe Coble presented final closing arguments for the prosecution. "The defense compared the seriousness of your decision to unplugging your mother. I submit to you, wouldn't you rely on the medical profession for that decision, and not on these people?" (gesturing at the defendants at the table.) Referring to the insult the defendants felt when they were not consulted by the Toole County Sheriff's Office on the care of the animals, Mr. Coble said, "Ya mean, how can we treat 'em like this sa more?!" Referring to Mrs. Harman "diligently" working at the border of Sweet Grass to protect the animals, Mr. Coble offered: "Working diligently to protect her own hide!" In response to Albers' attempting to blame the 9/11 terrorist attack for tightened security at the border, Mr. Coble stated: "No! No! We're not gonna let this just come in!!" The prosecution continued: "Here's what I believe is troublesome about this case. They tell you over and over they wouldn't change anything. They're tellin' you it's okay, because they couldn't fix it!" Prosecutor Coble asked if it was okay to abuse children because they heal. "Ask yourself if what she did to her children was okay. Two in that bunch got food, water, and they used the restroom. Wonder Dog Panache... she wasn't gonna be sittin' it out in that truck."
"Water, light, air, food. Who toughed it out??!
"THOSE ANIMALS!!"
Folks, the jury had this case for exactly two hours before they reached a unanimous guilty verdict, and in that time, they also had dinner.
Calmly,
Jean Levitt, President 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.