Judge Orders THE ANIMALS RETURNED to Their Rightful Owners

Seems not all courts are corrupt-and to my surprise-this a CA state court!!! While some judges are not honest enough to protect  community from unlawful acts of crime (Certainly has been my experience in Texas, including the lower levels of the lower justice court supported by state district court); other judges take their jobs a bit more seriously by protecting the individual which in turn protects the community as a whole.

Animal cruelty laws were created by Animal Rights Extremists/Terrorist -It is a civil action and nothing to do with putting an end to any animal cruelty especially when it is the first action taken after animal seizure (like in Texas) rather than after a criminal trial and conviction-Just because a person is accused, there can be no assumption that they are guilty according to law. The actual intent of the legislature is to get immediate medical attention to a cruelly treated animals and NOT an excuse to take an entire herd or collection of animals away from it’s owners. More often than not the animals are awarded to some rescue group to do with as they please including as an excuse for a collection of donations whether needed or not and supported by the media who PRODUCES news rather than to just report it, even by trespassing on private farm property.

http://petdefense.wordpress.com/2014/01/09/judge-threatens-local-hsus-pres-with-contempt-jail/

Judge Threatens Local HSUS President with Contempt, Jail

FOLKS— WE ARE SLOWLY MAKING PROGRESS AS TO SEIZURES!

After a hearing re PC 597.1, California, a hearing officer apparently found a Lincoln CA horse owner was able to get his animals back. As we have stated many times, most owners never get their animals back due to either not being able to pay the storage costs, or the hearing officer finding that the owner or caretaker did not make the cut. Although either ASPCA or HSUS or their cronies had proposed changed law that IF a warrant was used, then NO seizure hearing would be given, that proposed law [that particular section anyway] did not pass. However, several other portions of the law did pass.  http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1451-1500/sb_1500_cfa_20120416_122202_sen_comm.html

http://totalcapitol.com/?bill_id=201120120SB1500

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http://www.kcra.com/news/lincoln-horses-finally-returned-to-owner/-/11797728/23839908/-/j0r5d5z/-/index.html

http://www.kcra.com/news/humane-society-returns-horses-seized-from-lincoln-ranch/-/11797728/23839208/-/120bs6bz/-/index.html

“On Thursday, a hearing officer found the animals “were not justifiably seized,” and ordered them returned immediately.

But the Humane Society of the Sierra Foothills told KCRA 3 the group is not giving the horses back.    ”They’re at a secret location,” Rosemary Frieborn said.

According to court documents, on Wednesday morning, Placer County Superior Court Commissioner Michael Jacques placed Marilyn Jasper, the Humane Society president, under oath and ordered her to reveal where the horses were being kept.

When Jasper refused, Jacques indicated he was prepared to charge her with contempt of court.

__________________

Frieborn is the humane officer who seized the animals last month under court order. She told KCRA 3 her group is hiding the animals because they’re likely to appeal the case in Superior Court.

When asked if she felt justified in seizing the animals, she said, “Oh absolutely justified, yes. Those animals needed to get out of there.”

But hearing officer Jo McCormack did not agree. She ruled, “The Society lacked reasonable grounds to believe the immediate seizure of the animals was required to protect their health and safety.”

“I always thought I was going to get them back,” Carpenter said.

Under the ruling, the Humane Society of the Sierra Foothills must now pay all the costs of caring for and treating the animals seized from Carpenter’s ranch. This group also hired Bruce Wagman AR animal attorney to appeal the finding.

Humane Society returns horses seized from Lincoln Ranch

Judge had threatened group with contempt of  court

After a three-month legal battle and facing a possible contempt of court charge,  an animal welfare group relented Wednesday and began returning a herd of horses  it seized from a ranch in Lincoln.

The Humane Society of the Sierra Foothills, based in Auburn, seized 26 horses  from the home of Mike Carpenter last October over allegations that the horses  were malnourished and left without shelter.

In November, a Placer County hearing officer ruled that the seizure was not  justified and ordered the horses returned immediately.

However, the Humane Society said it planned to appeal and refused to  comply.

According to court documents, on Wednesday morning, Placer County Superior  Court Commissioner Michael Jacques placed Marilyn Jasper, the Humane Society  president, under oath and ordered her to reveal where the horses were being  kept.

When Jasper refused, Jacques indicated he was prepared to charge her with  contempt of court.

A short time later, the Humane Society agreed to return all of Carpenter’s  horses, plus several of his dogs that had also been seized by 5 p.m.

“I’m just happy. They were my horses. They’re still my horses,” said  Carpenter, as trailers loaded with horses began arriving.

Friends helped Carpenter unload the horses, and a veterinarian hired by  Carpenter documented the condition of each one.

“We were really worried about Mike. He didn’t have much, and this is his  family and this is his life,” said Julie Hueftle, a friend of Carpenter.

The Humane Society referred all questions to its attorney, Bruce Wagman of  Marin County, who said the group continues to believe the animals were abused  and plans to purse the case at a hearing on Jan. 25.

The case has brought attention to the role of local chapters of the Humane  Society, which are private nonprofits whose officers have quasi-law enforcement  powers.

Based on observations, the officers can request a judge’s order to seize  animals it believes are abused.

In its September 2012 newsletter, the group defended its actions after a  horse died while being transported to a sanctuary.

“Because HSSF’s mission is to prevent animal cruelty, HSSF Humane Officers  cannot and will not walk away from suffering animals, nor will they be hindered  by unfounded complaints that portray their work negatively, or contain only  selected, incomplete facts about a particular case,” wrote the board of  directors in the newsletter.

“I think they abuse their authority, and I think it’s a practice they have,”  said Mike Zinicola, Carpenter’s attorney.

Carpenter said he plans to sue the Humane Society for damages, including  $40,000 worth of legal fees.

“I wouldn’t consider it won.  I would just consider it I’m kind of  there.  I’m getting justice,” he said.

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Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…Stay tuned  -B

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~ by topcatsroar on January 12, 2014.

3 Responses to “Judge Orders THE ANIMALS RETURNED to Their Rightful Owners”

  1. Commissioner Jacques is very much corrupt.

    • I am looking for a lawyer to represent me in defending me from corrupt Rosemary Frieborn and the Humane Society. Do you have any experience with this or know any attorneys who have dealt with her?

      • I would approach the attorney in this case for consult-He could provide u with more info and possibly interested in your case…If there is anything else on her from me it would be listed on google-You might also contact the media and see if there is anymore information about the humane society and Frieborn…Carpenter would be ur best bet for info and might even be up-to-date with info!!! Worth doing the footwork when u need info and there’s many directions you can go to for ur search. If the circumstance is similar, Carpenter might even be interested in testifying. -B

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