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Dog Laws & Legislation > PETA's Misleading 'Save the Elephants' Campaign Hides the Group's Own Sordid History, Says Center fo

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Barked: Thu Mar 30, '06 11:36pm PST 
The following was released today by the Center for Consumer Freedom regarding PETA's "Save the Elephants" Campaign:


In an effort to force passage of a city-wide ordinance that would effectively ban elephants from zoos and circuses, People for the Ethical Treatment of Animals (PETA) is parading a steady stream of elephant "experts" in front of Chicago reporters. What the media won't hear, however, is PETA's own dismal record regarding the welfare of elephants and other animals.

In 2003, as the tiny, drought-stricken African nation of Swaziland struggled to cope with the financial demands of maintaining eleven extra elephants in its sanctuaries, King Mswati III agreed to allow two American zoos to take the elephants, as an alternative to shooting them. PETA and other animal rights groups threatened a travel boycott of the tiny, tourism-dependent country if it allowed the elephants to come to the United States, and then sued the U.S. Department of the Interior, the Fish & Wildlife Service, and the San Diego Zoo in order to block the Swazi animals' importation.

In a U.S. District Court hearing on Aug. 6, 2003, PETA's attorney told a federal judge that her client thought seeing pachyderms "euthanized (killed) in Swaziland" would be "a better outcome than to have these elephants ... live the rest of their lives in captivity" in the United States.

Today, David Martosko, director of research at the nonprofit Center for Consumer Freedom, said: "PETA apparently believes bringing joy to children is a fate worse than death for an elephant. And PETA itself has a record of killing over 12,400 defenseless pets, attesting to its 'better dead than fed' attitude toward animals. Chicagoans who are unfamiliar with PETA's hypocrisy should visit rural North Carolina, where PETA employees are facing dozens of animal-cruelty felonies for killing and dumping adoptable dogs and cats. For years Americans have been offended by the thought that PETA likes animals more than people. But the truth is that they don't care much for either."
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Dog Laws & Legislation > Latest Pet Industry News

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Barked: Thu Mar 30, '06 11:33pm PST 
Concerns regarding a potential blanket ban on tail docking have accelerated since the Scottish Executive yesterday confirmed in its report that it has decided to impose a total ban on the tail docking of all dogs, with no exemptions, the Kennel Club, (KC) reports today.

In its report the Scottish Executive claims that an exemption from the ban for Working Gundogs would be difficult to enforce, but then later admits it would be possible to create an exemption for Working Gundogs if there was an increase in tail injuries.

In a KC survey over 98% of 763 working gundogs were docked. Of those undocked, a high proportion suffered tail damage says the club. 75% of Clumber Spaniels, 20% of English Springer Spaniels and 25% of Hungarian Wirehaired Vizslas.

In 2002 the Metropolitan Police Dog Training School reported that in 2001, 4 undocked dogs needed to have a full amputation and 1 partially amputated tail needed full amputation and between January and May 2002, 4 undocked dogs needed to have a full amputation, due to damage suffered in the course of their work.
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Dogster Lifestyle, News & Entertainment > A story with (four) legs


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Barked: Thu Mar 30, '06 11:32pm PST 
When I worked as a reporter I wrote about all kinds of inhumanities that people deliver upon other people. I have written about serial killers, baby killers, crack-n-smack-addled bank robbers with AIDS. But never did I receive the amount of feedback that came after I wrote a story about when authorities took a plethora of domestic animals from a man's home. The guy had started an animal rescue shelter but could no longer take care of these animals and his entire home and an empty house on his premises were full of cats, dogs, chickens and all the wonderful matter they leave behind. The story hit a nerve and led to a local philanthropist starting a new animal rescue shelter.

What that says is people care deeply about animals. Sometimes you wouldn't think so with the way some people treat them. But animals arouse a lot of passion among our populace. Just one more example of that is the story I have satirized a bit over the last couple of days concerning Vivi the missing whippet.

Checking my blog stats for yesterday I saw that I had 89 visitors, which is quite a few for this site. Looking at the origins of these visitors, including what searches they made on Google or elsewhere that landed them on EFD, I saw that 32 of those 89 visitors had been searching for news about Vivi. There was one visitor from Vestsjalland, Taastrup, Denmark, another from the LA County Sheriff's Office, and those from just about wherever else.

I point this out because I think that it is an interesting phenomenon and shows that any newspaper editor or TV news supervisor who thinks animal stories are without value should perhaps be in another business.
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Rescue, Adoption & Happy Endings > Katrina survivor, lost cat reunited at last


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Barked: Thu Mar 30, '06 11:24pm PST 
When Hurricane Katrina struck New Orleans, Tristan Carter thought she had lost everything — her home, a grandfather, two dogs, a cat and a rabbit.

But Cupcake the cat was alive and well after six months of living as a stray in her hurricane-ravaged neighborhood. On Wednesday, animal rescue volunteers reunited the lithe, 7-pound black cat with Carter, who now lives in Atlanta.

“I lost a grandfather in the hurricane. To find a little kitty survived six months, that’s great,” said Carter, holding Cupcake close and thanking the rescuers who found her.
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Service & Therapy Dogs > City's first cadaver-sniffing canine was 'one of the guys'


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Barked: Thu Mar 30, '06 11:23pm PST 
He was a highly decorated and proud member of the Philadelphia Police Department - with a black-and-rust furry coat that made him an unforgettable sight.

And he wore badge number K-527.

Azeem, the city's first cadaver-sniffing dog, died of natural causes about 2 p.m. Sunday in the home he shared with his human partner and handler, Officer Paul Bryant, and his family.

So beloved was Azeem - which means "mighty" in Arabic - that City Councilman-at-Large Frank Rizzo Jr. will introduce a resolution at this week's City Council meeting to honor the respected police pooch.

"He was one of the guys," Rizzo said yesterday afternoon. "I just want to recognize a great member of our Police Department."

Azeem's work was not limited to Philadelphia. He and Bryant also assisted the FBI, the Pennsylvania and New Jersey state police, and Montgomery County authorities, said police spokesman Sgt. Jim Pauley.

"Azeem was a respected member of the Philadelphia Police Department and will certainly be missed by his fellow officers," Pauley said.

"Not only was he a member of the police department family, but he was also a family member in the Bryant household."

Some highlights of Azeem's eight-year-career include his participation in the recovery efforts at Ground Zero at the World Trade Center after 9/11, and his quick discovery in 2001 of a missing New Jersey woman, Kimberly Szumski, who was buried behind a basement wall in a Society Hill property.

The duo, Bryant and Azeem, were invited to throw out the first pitch at a Phillies game at Veterans Stadium, exactly one year after the Sept. 11 attacks.

Azeem's olfactory skills in the Szumski case garnered him the prestigious 2001 Case of the Year Award given by the U.S. Police Canine Association.

Azeem was the first cadaver-sniffing dog to win the coveted national prize and the first from Philadelphia, beating out fellow cadaver sniffers as well as explosives-detecting dogs and narcotics-detecting dogs, said Russ Hess, national director of the Springboro, Ohio-based association.

The Szumski case, in which the victim was missing for 14 weeks, was "judged to be the most outstanding piece of detective work in the year 2001," Hess said.

"It takes a special dog and a special handler to do that type of work," Hess added.

Training canines to detect corpses is harder than drug or explosives detection, he said.

A body goes through various stages of decay and the dog must be familiar with an array of scents, he said.

"It's very hard to train and very hard to keep proficient at what they do," Hess said.

And the job came with its own lingo and rules that the dog had to learn. For example, when Bryant wanted Azeem to search for a body, he'd ask Azeem to "Find Fred."

He wanted to use language that was discreet if family members and friends of the victim were in earshot.

The black-and-rust-colored German shepherd was born on May 22, 1995, and about three years later - after an intense three-week cadaver-sniffing course in Bergen County, N.J. - Azeem was on the force.

His first case involved a missing 6-year-old, Jacqueline Veney, who lived on McKean Street near 21st. Bryant took Azeem into the home of the girl's foster mother, Lisa Price.

The pooch went upstairs and jumped on a bed. Paul, thinking Azeem wanted to play, was embarrassed and pulled him off. He ordered him again to "Find Fred." Azeem again jumped on the bed.

Price later admitted murdering Jacqueline on the bed.
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Food & Nutrition > 'Greenies' To Change Label After Danger Complaints

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Barked: Thu Mar 30, '06 11:22pm PST 
There's a consumer alert on the potential dangers of the nation's best selling dog treat.

The company that makes Greenies is out with a new caution -- and that caution is bound to hit home with many dog owners, because these things are wildly popular.

Roughly 315 million Greenies were sold last year, but the breath-freshening treats have been blamed for at least 13 pet deaths and more than two dozen complaints have been filed with the feds.

"Jessie" the welsh corgy is up for fetching the stick these days. But she would have died just before Christmas were it not for an alert vet's surgery on the vomiting, listless dog.

Like millions of dog owners, Kate Ruscetta had given Jessie Greenies for some time to clean her teeth and improve her breath.

The vet who saved Jessie declined to single out Greenies, urging caution on all dog treats and chewy toys.

But a New York couple is now suing the maker of Greenies, claiming their Dachshund died last summer from a clump of undigested Greenie lodged in his intestines.

Faced with that lawsuit, mounting complaints and growing federal concern, maker s & m nutec Wednesday pledged "new, expanded feeding instructions," to make sure dogs get the right size Greenies and don't gulp them.

The company might also remove their "fully edible" claim amid evidence that at least 15 percent of the Greenies never gets digested.

For dog owners, this is scary.

The company is quick to minimize the risk, insisting "the worst case scenario statistics we have seen has one incident reported for every 8.1 million greenies sold."

While arguing that the risks are being grossly exaggerated... The maker of greenies says critics are ignoring the years these treats add to lives of so many dogs by battling tooth decay and gum disease.

Greenies first went on sale in 1998, invented by a dog owner and his wife. The overwhelming majority of pet stores still stock them.
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Saying Goodbye: Memorials & Support > 600 people, 50 patrol dogs turn out for Nevada K-9's funeral


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Barked: Thu Mar 30, '06 11:18pm PST 
More than 600 people -- and 50 patrol dogs -- crowded into the county fairgrounds south of Gardnerville to say goodbye to Jon-Jon.

The Douglas County sheriff's office's drug-detecting dog died three weeks ago in the line of duty. He was trapped in a patrol car fire.

Today's memorial service attracted law enforcement personnel and K-nine officers from nearly every agency in Nevada -- and from as far away as San Francisco and Idaho.

Law enforcement officers formed a two-mile, 100-vehicle motorcade that passed through Minden and Gardnerville on the trip from the sheriff's office to the fairgrounds south of Gardnerville.

Once inside the pavilion, there was the sound of panting and an occasional rattling leash, but for the most part, the dogs were quiet.

The only exception was when Rick James played bagpipes and bugler Bob Masters performed "Taps," leading to a low chorus of yelps and barks.
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Rescue, Adoption & Happy Endings > Possible puppy mill - Animal neglect by dog-sitter - 27 dogs


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Barked: Thu Mar 30, '06 10:37pm PST 
Thirteen of the 27 puppies and dogs found during a raid on a Hawai'i Kai condominium Wednesday have been returned to their owners, The Hawaiian Humane Society said yesterday.

"We continue to receive information from persons who say they had problems with the woman who was keeping the puppies, and our investigation of possible charges of animal cruelty is continuing," Humane Society spokeswoman Eve Holt said.

Lucy Kagan, who rented the condominium unit in the Marina Villa complex, has denied anyone was cruel to the animals. Kagan says she was dog-sitting 21 of the dogs, and that six are hers. She said a person at the condo who was supposed to take care of the animals in her absence had failed to clean up after them as much as she wanted, but that otherwise all were being well-cared for.

Holt said owners of 13 of the animals had come forward by Friday with photographs and documentation proving the animals were theirs. Humane society officials who discovered the dogs in the two-story residential unit said the animals were living in squalor, amid trash and feces.

Bryan Windisch, manager of field services for the Humane Society, has said animals will not be returned to Kagan if she is charged, but will be kept as evidence in the case.

Animal cruelty is a misdemeanor with possible penalties of up to a $2,000 fine and a year in jail.

***CASE UPDATE***
Lucy Kagan is pleading not guilty to the charges against her. She was arraigned in court Friday morning. Kagan requested a jury trial to face the 25 counts of cruelty to animals.
***CASE UPDATE***
Lucy Kagan was served Wednesday with penal summons charging her with 25 counts of cruelty to animals, a misdemeanor, prosecutors confirmed.

The charges stemmed from an investigation that began more than 1 1/2 years ago after firefighters and police responding to a report of a kitchen fire at Kagan's Hawaii Kai townhouse in May 2003 discovered the animals in kennels, surrounded by trash and feces.

A Hawaiian Humane Society investigator at the time described the kennels as "filled with feces, urine and infested with insects, including cockroaches, flies, spiders and other pests."

Humane Society spokesman Jacque Smith said the organization is satisfied that charges were brought against Kagan in what they feel is a very "clear-cut case of animal cruelty."
***CASE UPDATE***
The Hawaiian Humane Society has been able to confirm that four of the 14 dogs that were under the care of a Hawai'i Kai woman accused of animal abuse have been sold and are in good condition.

Spokeswoman Eve Holt said the Humane Society will attempt to locate the 10 other dogs and verify that they also have new owners and are in good living conditions. Information on the remaining dogs is to be provided to the Humane Society by the attorney for Lucy Kagan by Sept. 2.
***CASE UPDATE***
Hawaiian Humane Society officials say they have not been able to see the 14 dogs of suspected illegal dog breeder Lucy Kagan since they returned the animals to her Tuesday.

"The dogs were not at the site she had previously agreed that they would be to allow us to inspect them," Pam Burns, executive director of the Hawaiian Humane Society, said yesterday. She said the humane society is exploring legal options to require regular inspections.
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Rescue, Adoption & Happy Endings > Puppy mill - 64 dogs, 3 children removed


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Barked: Thu Mar 30, '06 10:25pm PST 
Three young children removed from their home during an investigation of animal cruelty remain in foster care, and state officials say their investigation into the children's welfare is complete, but confidential.

James Montgomery, the children's father, was charged this week with 55 counts of failure to provide necessary sustenance, a misdemeanor offense, after 64 dogs were removed from his home in Kahalu'u on Saturday. He had been operating a dog-breeding business.

The Humane Society had been working with the family for two weeks to improve living conditions for the animals and was rechecking the premises Tuesday when an accompanying police officer made a judgment call that conditions were endangering the children's welfare.

Yesterday, a spokesman at the state Department of Human Services would not say what steps the agency will take concerning the children, citing privacy laws.

"Our investigation is completed and the kids are still in foster custody," Derick Dahilig said.

The department had 72 hours to complete its investigation, Dahilig said. Once that was done, it could come to several alternative conclusions, including returning the children to their home, petitioning the court to keep them in foster care, and sending them home with the offer of services, he said.

The family's attorney, Melodie Aduja, said she is optimistic about the outcome after meeting with human-services representatives Thursday and expects a positive outcome.

"Based on what had transpired yesterday, I feel it was a good meeting and we're very hopeful that the children will be returned to the family," Aduja said.

Montgomery said the events have been difficult for the family and referred questions to Aduja.

"We're trying to do the best we can," Montgomery said at his home yesterday. "It's been stressful."

About two dozen volunteers from The Salvation Army and Possibility Place Christian Fellowship and Ministry worked Thursday to clean up the property and the house, removing a truckload of debris, Aduja said. More volunteers are expected over the weekend to continue the cleanup.

Meanwhile, there was no update from the Hawaiian Humane Society concerning the 64 dogs removed from the home on Mahakea Road. A report is expected to be completed in about two weeks, and that file would then be forwarded to the city prosecutor's office.

The Hawaiian Humane Society said living conditions for the animals on Montgomery's property, a single acre of land, included inadequate access to water and shelter.

***CASE UPDATE***
James Montgomery was convicted of animal cruelty last month, but he was also given a second chance to find his pets another home.

On Wednesday, custody of over 30 dogs taken from Montgomery would have been turned over to the Hawaiian Humane Society, but before the deadline he's been able to sell off most of those animals.

While Montgomery says he's sad to see the dogs go, he is also feeling the pain in his pocket.

The former dog breeder says, "We took a great loss, because the pups that were born here are no longer pups and are much less valuable when they're first sold as puppies."

But he says, ads in the paper, and lots of phone calls have still brought in some to buy the dogs.

By his estimates, what could have brought in $40-50,000 only resulted in sales of several thousand.

But the Hawaiian Humane Society - which has cared for the dogs over the past year and spent over a quarter million dollars in expenses -- feels the money should not go to Montgomery.

"He was guilty of animal cruelty and I don't think he should profit off the dogs he abused," says Darcie Scharfenstein at the Hawaiian Humane Society.

Montgomery was charged with 55 counts of animal cruelty, charges he pled guilty to.

Over 60 animals were taken from the filthy conditions, and nurtured at the Humane Society.

As the dogs go to their new homes, there's also bittersweet feeling from the Humane Society workers who had their hopes for happy adoptions.

Scharfenstein says, "Here at the Humane Society, our hope was that we would have had custody and placed them in the right homes."

Montgomery was allowed to sell of the dogs he abused because as the law stands, people aren't forced to forfeit, even if they're convicted of cruelty, but the Hawaiian Humane Society hopes legislation passed this year will change that.
***CASE UPDATE***
After spending more than $260,000 to house, train and care for 64 pets taken in an animal cruelty case last year, the Hawaiian Humane Society was hoping the animals could be put up for adoption. Instead, Judge Rhonda Nishimura returned the dogs to James Montgomery, of Mahakea Road in Kahalu'u, after accepting Montgomey's deferred guilty plea on 55 counts of animal cruelty in Circuit Court. The deferred plea means a defendant's record may be wiped clean if he or she abides by the conditions of the court for one year, the judge said.

Montgomery and his wife, Susan, also pleaded guilty to three counts of child endangerment. Jacque Smith, spokeswoman for the humane society, disagreed with the ruling to return the dogs to Montgomery. "This is a major disservice to the animals who are the victims, to the foster-care providers, and to everyone who has worked so hard to protect these animals," Smith said.
Smith was critical of the judge for letting the case drag on for a year while the dogs' lives remained in limbo and the humane society care bill mounted. The humane society had wanted the judge to grant the agency the power to put the animals up for adoption to ensure that they would not become part of what she said was Montgomery's breeding machine. She said the imminent return of the animals is disappointing because Montgomery can place the dogs with family or friends and later retrieve them to continue his
questionable breeding practices.

Montgomery, an 11th-grade English teacher, has 21 days to retrieve the dogs, get them licenses and relinquish ownership, according to the judge's office. More than 30 of his animals are with the humane society, about 20 are in foster care homes that the humane society coordinated and 12 are at the Kaua'i Humane Society. Montgomery's attorney William Harrison said his client plans to sell the
dogs to help pay for the fines and costs related to the case. "He wants to sell or place all the dogs at this point because it's a sore
spot," Harrison said. "He really wants to distance himself from the animals at this point."

Nishimura's ruling included a $3,025 fine to be paid to a crime victims' fund, a $5,500 fine and a $1,500 fine for each in the child endangerment case. In addition, the Montgomerys were ordered to undergo mental health assessment and treatment, parenting classes, 180 days suspended jail time and disposition of the dogs, said Kristine Yoo, deputy prosecutor. "I was asking for no animals on the property but the judge limited it to no dogs in the residence," Yoo said, adding she also called for actual jail time.

The Montgomerys decided to plead guilty to save their family from further embarrassment and are relieved to get the cases resolved, Harrison said. "He received an enormous amount of publicity and the family went through a lengthy period of embarrassment and humiliation, which has now resurfaced," Harrison said. "They at least see this is going to put an end to the
publicity aspect of it but they have a lot of healing to do."

The humane society had wanted Montgomery to pay for the care of the animals, but Harrison said the costs are inflated and include the organization's operating cost. The judge denied the humane society's request after Harrison argued that Montgomery had requested the return of the animals and the shelter's decision to take the dogs carried the responsibility of feeding them, Harrison said. Smith said the humane society has proposed a bill for this year's Legislature to require unfit pet owners to post a bond for the care of their animals or relinquish ownership of the animals so they can be placed in homes. "That way (the animals') lives are not left in limbo for a year or however long the case drags out," she said.

Harrison said his client has learned his lesson. "He really learned a lot about what his family means to him, what his
responsibilities are to his family and not to put them in this situation again," he said.
***CASE UPDATE***
A Windward Oahu dog breeder pleaded guilty to 55 counts of animal cruelty. The punishment he received has seriously disappointed the Hawaiian Humane Society. The dogs have been in the custody of the Hawaiian Humane Society since then at an estimated cost of $250,000. Montgomery has been ordered to pay a fine of $5,500 -- $100 per count -- and was given one year of probation.

"Mr. Montgomery has 21 days to work with us to either sell the dogs or give them away to other people. He's not allowed to have dogs on his property for the next year," said Linda Haller, of the Hawaiian Humane Society.
Judge Rhonda Nishimura ruled that Montgomery does not have to reimburse the Humane Society for costs incurred to care for the dogs. The Humane Society could take civil action to try to recover those monies. "This man plead to 55 counts of animal cruelty. He used delay tactics, which resulted in us having to care for these animals for close to a year's time. And for the judge to have then accepted the guilty plea for 55 counts of animal cruelty and then not turn the custody of those same animals over to us for our continued protection and disposition, I just don't understand. I don't understand the logic at all," HHS Director Pamela Burns said.

The Hawaiian Humane Society has asked that the ruling be reconsidered.
***CASE UPDATE***
A dog breeder accused of 55 counts of animal cruelty will go to court on January 10, 2006 to answer those charges.
James Montgomery and his wife Susan each pleaded guilty on January 9, 2006 to three counts of child endangerment. The Montgomerys' three children were taken into state custody after the Hawaiian Humane Society raided their Kahaluu home in January. The society seized 64 animals from the home, after receiving complaints from neighbors about a bad smell coming from the property. Workers found filthy conditions there, including feces and urine everywhere.
After they pleaded guilty to child endangerment, each received one year of probation and a $1,500 fine.
***CASE UPDATE***
Trial date was set for the week of May 31 before Circuit Judge Rhonda Nishimura. The lawyer for James Montgomery, a school teacher and dog breeder, said a motion to return all the animals or allow visitation will be filed in Nishimura's court. A hearing could be within two to three weeks.
***CASE UPDATE***
Montgomery, charged with 55 counts of animal cruelty after the Hawaiian Humane Society removed 64 dogs from his home last month, has requested a jury trial.

The animal cruelty case against James Montgomery of Mahakea Road will be heard in Circuit Court. He was given a March 21 arraignment date, but his attorney William Harrison said he will seek an April court appearance.

Montgomery, a schoolteacher, was at work and not present at Kane'ohe District Court yesterday.

The Humane Society removed the dogs from his kennel Jan. 30 after determining conditions were unacceptable. Two days later, a police officer took three minor children from the home, saying living conditions were endangering their welfare. The children were turned over to Child Welfare Services and are still in foster care.

Montgomery initially was represented by attorney Melodie Aduja, who had said the removal of the 64 dogs was not lawful and demanded the return of the animals.

With the limited space at the Humane Society, Harrison said, he and Montgomery wonder about the organization's ability to house the extra dogs, one of which died shortly after birth at the shelter.

"To tell you the truth, some of the animals I see down there are not very well treated," Harrison said. He said he will file a motion to request visitation rights or the return of the dogs.

Jacque Smith, Humane Society spokeswoman, said the Montgomery dogs are being treated well and most are in foster homes where families play with them and are teaching the dogs to walk while leashed.

"They are also becoming better socialized and learning to enjoy human companionship," Smith said. "We're still treating health conditions because some of these animals came in with healthcare issues like mange."
Source: The Honolulu Advertiser - March 9, 2005
Update posted on Mar 14, 2005 - 2:00AM

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Attorney Melodie Aduja, who represents dog breeder James Montgomery, said state and city officials failed to obtain the necessary search warrant to gain access to the Montgomery property last week. Aduja said she would be filing a request in court to suppress all evidence obtained during the search.

Jacque Smith, Humane Society spokeswoman, said the seizure followed legal procedures.

"Our main priorities are to ensure that the animals are well cared for and to complete our investigation," Smith said. "We certainly take great care to ensure that our investigation processes and procedures are in compliance with all applicable laws."

Aduja also said the removal of 64 dogs from Montgomery's Kahalu'u kennel by the Hawaiian Humane Society was not lawful and she demanded the return of the animals. The Hawaiian Humane Society removed the dogs Jan. 29 and returned two days later with police officers to search for more animals, but none were found.

A police officer accompanying the Humane Society on the second visit decided that the living conditions were endangering the welfare of three children residing there and removed them from the home. The children were turned over to state Child Welfare Services officials.

The Montgomerys were to appear in Family Court yesterday, but proceedings there are confidential. The family had no comment on the case, Aduja said.

At a news conference at the Humane Society yesterday, Aduja said the initial visit to the property by the Humane Society, Department of Health Vector Control and the city Department of Planning and Permitting was done without a search warrant.

Aduja said the Humane Society used trickery to gain access to the property and although police had time to obtain a search warrant for the children, police failed to do so.

"Based on the unlawful activities of the agencies involved, the family is urging that the prosecutor's office not accept this case for further action, that the children be reunited with their parents as soon as possible and the animals be returned to the family immediately," she said.

Aduja yesterday delivered a letter of demands to the Hawaiian Humane Society asking for an inventory of all animals and items seized and the whereabouts of each animal. She also wants reasonable visitation, inspections and photographs of each animal to ensure the animals' safety and health.

The Humane Society is reviewing the requests, said Smith.

The organization makes a list of the animals it confiscates as a matter of procedure, she said. The Humane Society did have a search warrant when it removed the dogs, the organization said.

The Humane Society has said the organization had tried to work with Montgomery for two weeks before the seizure, but was unable to get the conditions improved.
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Rescue, Adoption & Happy Endings > Chained puppy fell off ledge, choked to death

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Barked: Thu Mar 30, '06 10:17pm PST 
The Humane Society is investigating a Moanalua man after a dead puppy was found at his home. On March 5, 2006, nine animals were taken into protective custody. Concerned residents on Lalamilo Street called police when they saw something disturbing: a dead dog in their neighbor's driveway. They first noticed it at noon. Nine hours later, it was still lying there. "We found a dead animal, it was a dog that was by the front door and neighbors were concerned about the welfare of the other dogs in the driveway," said Sgt. Kevin Nishida of the Honolulu Police Department.

In the driveway were nine kittens and puppies; some in metal cages, others in chains. Neighbors, who did not want to go on camera, say the owner recently bought the animals. He often fed them raw meat and kept them chained and caged most of the time. Police called the Humane Society which took the dogs and cats away. At first they suspected animal abuse, but after inspecting the pets and talking to the owner, they say that's not the case. It appears the dog died accidentally. "The puppy had wrapped itself around a chain and fell off a ledge, so it doesn't sound like a case of animal cruelty at this point," said Darcie Scharfenstein from the Humane Society. Instead, they say it's a case of the owner not knowing how to properly take care of his pets. The Humane Society says it will educate the owner about animal care before giving his pets back. A spokeswoman says he's admitted he needs some guidance.
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