When Animal Seizures Are Lawless, Then ALL Animal Ownership Is At Risk!!! Part 2

When you read the rest more about this it will completely blow you away-Judges and attorneys are supposed to be well educated…Now we have to ask educated by who!!! What gives anyone, at anytime, the right to by-pass laws that are in place to protect us against such lawlessness…Oh the rescuers have their story but…this was not an animal cruelty case so why did Zandra Anderson feel the need to put out a press release and what boggles me even more is that RPOA reproduced it and sent it out with Zandra’s plea for donations for an animal rescue that WASN’T!!! And appears to have their stamp of approval!!!-Even if it doesn’t but hey this is the animal seizure that wasn’t so nothing shoud be taken for granted

I am a RPOA supporter and friend (!!!) but I did not re-post that message (until now, see part 3) and the one that came from ‘the dog lawyer’ who’s NOT…Well hey, if a dog breeder is not a breeder than it’s the same for the lawyer who participates in animal seizure in my opinion… So much for her reputation and ability to protect animal ownership-I don’t care if she was representing a client-she got her three dogs back and should have been the end of her involvement in this!!! Apparently attorneys in Texass are NOT trained properly to take on seizure victims when they participate in one as lawless as this one and then try to justify the seizure because of fleas and matts-claiming deplorable conditions as they all do even when the aren’t…BUT, this was NOT exactly an animal cruelty situation.  Their emergency need to bring in a vet-The actual funny part of all this-if it weren’t so damn serious, Puppies were being born-HELLO!!! But Wait, I’m getting way ahead of myself and this one must be digested in baby steps to wrap your brain around this particular animal cruelty case that wasn’t…there is so much more and comes with a rather large financial bill from the Houston Collie Rescue for more than $37,000.00 (see below) for a day of rescue that wasn’t!!! grrrrrrrrrrrrrrrrrrrrrr

So let me try to walk you thru this. Finally a case that tops mine, blows our case out of the water actually -I smell the ‘stink’ of a lawsuit in the making. -B

Link to Part 1: https://topcatsroar.wordpress.com/2014/09/04/when-animal-seizures-are-lawless-then-all-animal-ownership-is-at-risk-part-1/

Just how I became alerted to this was a post on FB with a link to the following news article [Note the title of the article and just how vague it is however, Attorney Zandra Anderson stakes a claim to this animal seizure-Please remember this is not about whether or not these dogs needed immediate rescue as a life and death situation for an intentional case of animal cruelty-This was a court order from a Federal Bankruptcy Judge which is revealed in another article who has limited jurisdiction and certainly NONE in an animal cruelty case!!! Of course with that headline, it caught my attention!!!]:

http://abc13.com/news/dozens-of-collies-rescued-from-fake-breeder/287314/

Dozens of collies rescued from fake breeder

Friday, August 29, 2014

HOUSTON (KTRK) —

Dozens of dogs need medical care after being taken from a fake breeder in Tomball.
The woman misrepresented herself as a breeder in a court battle to keep them, although she did not actually sell dogs.
Volunteers with Houston Collie Rescue picked up the collies after the court ruled they were in danger because of deplorable living conditions. Some of those dogs will require medical care.
“We got back three dogs (Thursday), and the conditions of those dogs were not well. There’s one of them that will be having two surgeries next week. We don’t know what we’re going into,” Texas dog lawyer Zandra Anderson said.
Anderson says the woman surrendered 50 dogs in 2007.

____________________

More articles began to surface-from the same day or a day later and then the blog message from Zandra Anderson, the ‘dog lawyer’ followed media reports. Carefully follow the media reports and how all this occurred Remember that post to Go Fund Me (Part 1 -link above)…Kara Kauffman made it no secrete of her intent and I am certain ‘the dog lawyer’, Zandra Anderson knew that too from the get go…

http://www.click2houston.com/news/more-than-60-dogs-removed-from-home-in-tomball-area/27799326

More than 65 dogs removed from home in Tomball area

Collies rescued after owner forced by court order to give them up

Published On: Aug 29 2014 08:14:40 PM CDT   Updated On: Aug 29 2014 11:13:47 PM CDT

TOMBALL, Texas –

Volunteers rescued more than 65 collies from a northwest Harris County home after the owner was forced by a court order to give them up.

A federal judge issued the ruling Friday morning, ordering Dr. Elaine Kmiec to surrender the animals to Houston Collie Rescue.

This was the end result of a bankruptcy case. Lawyers for a woman who sued Kmiec said she filed for bankruptcy to avoid a judgement against her.

The lawsuit claimed Kmiec lied when she stated she was a breeder and took in the woman’s three collies.

“We have orders from the judge and we’re going to do what he said, get these dogs safely out of here,” said attorney Famose Garner.

A caravan of vehicles showed up Friday afternoon to take away the sick and scared animals, including several pregnant dogs and puppies.

“We were told there were 35 dogs we think there about 60 back there,” attorney Zandra Anderson said.

Neighbors said the sounds and smells of the animals had gone beyond being a nuisance.

“Whenever the wind blows you can smell feces. It sounds like chaos. It sounds like the playground of an insane child,” Cody Harris said.

The sickest dogs and two who are pregnant will be taken to a veterinarian right away. The others will be kept at an undisclosed location so they can begin the healing process and eventually be adopted.

_________________

Just what gives reason for calling pregnant dogs sick -just because one is delivering puppies-huh?!? This is still unknown but none of this is actually reasonable now is it!!! -End result of a bankruptcy case??? HUH?!? Aren’t they supposed to allow you to SELL your PROPERTY to pay your creditors?!? Did he just give those dogs away to a private not for profit organization so they can stake a claim-for donation of course and to SELL the dogs…with the claim of rescue without No Due Process-VALUABLE PROPERTY that could have paid creditors!?!

Even at Houston SPCA prices an alleged purebred is worth more in the big dog category. 100 dogs would be worth about… $20,000. SWEET since it’s on top of the donations that rolled in AND the bloated bill paid by the former owner!!!

Houston Colie Rescue.6png

A Federal Bankruptcy Judge has very limited jurisdiction and this one is a relatively new bankruptcy judge; this not a permanent appointment for him…TG!!!

Watch the number of dogs now go up and how explosive the media represents this…Just where’s the media investigator in all this when not one reporter actually refers to Texas Health and Safety Code 821?!? But I do see a smear campaign for the doctor who this ‘judgment’ that’s NOT a judgment is against and I’m just  getting started!!!

Kara Kaufman certainly got her wish; was represented by Zandra Anderson-but remember, Houston SPCA CHOOSE NOT to get involved in this according to Kara Kaufman…Since when does Houston ASPCA turn down an animal seizure -Oh, I forgot, when it involves big cats and the only other time I have ever heard that they chose not to get involved…especially since seizing animals is NOT about the animals and is all about the loot it brings in…

http://www.examiner.com/article/over-90-collies-rescued-from-deplorable-hoarder-conditions-tomball?cid=rss

Over 90 collies rescued from deplorable hoarder conditions in Tomball

August 30, 2014

Authorities say more than 90 collies, including pregnant dogs and puppies, living in deplorable conditions at the 14200 block of Alice Road in Tomball, Texas according to click2houston.com were ordered to be removed on Friday afternoon.

The owner of the northwest Harris County home, licensed eye doctor, Elaine Kmiec, was ordered by a federal judge to surrender all of the dogs to Houston Collie Rescue. After endless hours of removing dogs, Vicky, the organization’s founder, posted the following on Facebook:

“HCR folks headed home around 1:00 a.m. I can’t tell you how hard it was to wash all the stench off. There are not enough words to describe what we saw smelled, endured. I can tell you now the count ended with 90+ collies. We are accepting donations, foster and adoption applications on-line from our website houstoncollierescue.org. At this time the dogs have been released into our care only. We will post updates as to when the dogs are available for adoption.”

The seizure of the dogs ended a bankruptcy case where Kmiec tried to stall losing the dogs she stated she bred but did not sell. Kmiec claimed she had 35 dogs, but neighbors have been complaining about the stench, the noise and the constant barking.

According to khou.com, Texas dog attorney Zandra Anderson stated the dogs lived in deplorable conditions and were covered in urine, feces and had “mats as big as baseballs.”

Houston Collie Rescue is looking for volunteers to help foster, bathe and photograph the dogs. If interested, please contact the rescue.

_____________________

Well isn’t that interesting that the ‘dog lawyer’ who is supposedly interested in ‘protecting ownership rights’ is now using the words of Animal Rights Extremist-Terrorists Gestopos!?! In my opinion that’s exactly what they are and on a witch-hunt…I repeat-Just how does a Federal Bankruptcy Judge justify giving property away to an animal rescue when that property can be placed for sale to collect money to pay her debts!?! And seems he did not follow procedure laid out by the Texas Health and Safety Code 821 for seizing animals -Where’s due process of the law over property when the judge lacks jurisdiction to seize animals for the sake of ‘rescue’.

Did you read that-the stench of it all?!? Let’s take a minute to explore ‘STENCH’ since you will be reading that again…the following was written long ago and does not surprise me that most people have forgotten this post-Stuck with me for years…and I often refer to it as the ‘stink of it all’

http://pjboosinger.jigsy.com/entries/general/the-stench-of-it-all

The Stench of It All

The stench was so strong, you could hardly breathe.”  Was it really?  Or did you convince yourself it would be before you ever got there?  Sense of smell is a powerful thing, as is the mind’s ability to invent them, more so to simply exaggerate them.  When objective measurements are used, that “oh, my, it stinks” is usually more imagination than fact.  In each of these animal seizure cases it seems someone is going to great lengths to describe the odors in colorful language.  Like this…

“If you haven’t got a strong stomach you’ll probably lose it,” said Larry Nance. “I mean, the ammonia is so strong it just burns your nose when you walk in. The filth and the smell and then you look at these cats in these cages. They’re not let out to use the restroom at any time.”  Yes, surely we are simply to take the word of someone (probably a lawyer) who thinks animals should use restrooms.  Um, and the pictures of poop in the cages?  Did y’all miss taking photos of that or did it not exist?  No, I don’t think so.  I especially don’t think so when there is a simple and inexpensive method to measure smells these days.

Any government that is going to seize property and threaten to keep it or have it removed when it is related to a “stink” complaint or such is a component of the case as it often is in animal seizure cases should surely be able to provide objective measurement of the level of the stench.  From my research, it certainly appears that governments know that too so now I’m more than angry that those measurements and standards aren’t being used in these residential seizures.  You see they’ve been using them for decades to deal with large livestock operations.  There’s a whole field of agricultural science dedicated to this that animal control officials and humane groups would have tripped over had they spent a few minutes on the internet.

Let’s see.  There’s now a portable, hand held measuring device (scentometer) called the Nasal Ranger that costs about $1,500 and the materials even give examples wording for community standards (ordinances).  Texas already has ambient level caps (residential and commercial) for a number of offending items.  Scroll on down to page 3 and you’ll see that a number of states and communities have already set D/T standards and guidelines.  A person seated measures 1 olf and an athlete measures 30 olf.  The scentometer similarly measures the odor in the air and computes the in D/T ratio.

Would you take a police officer’s testimony of how fast someone was speeding these days or would you demand the radar readings?  There’s NO excuse for testimony to be acceptable in lieu of D/T ratios these days.  If it’s simple and inexpensive, why aren’t they using scentometers?  Ah, because the objective measurements may not support their allegations, of course!

And there’s another little problem.  We all want “natural” these days and compost, mulch, bat guano that we use in our gardens STINKS (as natural fertilizer [you know, it’s animal poop, right?] has always stunk).  You see it isn’t the level of stench, nor even the health issues (which can’t actually be determined by scent alone), it is the PERCEPTION of stink and the delusions of those who instantly jump to health hazard allegations.  I truly dislike the smell of “athlete come home from gym” while I know others who adore that scent.  To each his own.

All the more reason to set D/T levels in communities.  You can have your bat guano and I can have my dog poop (and there’s actually little difference between them).  That’s life.  We all stink and have to put up with each other’s stench.

Interestingly, the standards I ran across always seemed to require measurements at the property line.  They inherently acknowledge the privacy of PRIVATE property and that is exactly as it should be.

The Stink Meter Overload in these cases is from the stench of overstepping government officials and their bff animal rights activists.  From the Boado seizure in Harris County, to the Kearney seizure to the USGE seizure to the seizure of Barbara Hoffman’s big cats; we hear of the stench.  Time for the government to put up or shut up on that topic!

And shortly we will know if JP Lex Jones has an appropriate grasp of and respect for the US and Texas Constitutions and fundamentally protected property rights or not.

____________________________

That about covers that topic about as got as it can get for an explanation of ‘stench’ and we KNOW that the Houston SPCA has a nasal ranger and been using it for years-too late now…done on purpose so they can make the claim or not doesn’t excuse that they didn’t use one and complaining about stench…

OK one more article from the media before I close Part 2 of this unbelievable story that would seem to be fiction if it wasn’t for the fact that it’s true-You just can’t make this shit up…A breeder whose not a breeder , an attorney who’s not an attorney and a judgment beyond the jurisdiction of a court so it’s not a judgment…Now that could only come out of Texass!!! There’s no other place like it when it comes to lawlessness!!!

The following media report a bit more revealing…from dozens to nearly 100 but hey who’s counting and what does it matter-It was still lawlessness!!!

http://www.chron.com/news/houston-texas/article/Nearly-100-collies-seized-from-Tomball-home-5723674.php#photo-6793916

Nearly 100 collies seized as part of Tomball bankruptcy case

More than 90 collies have been seized from a Tomball home under a court order from a federal judge as part of a bankruptcy case.

U.S. District Judge David Jones signed an order Friday allowing Houston Collie Rescue to remove dogs from the property of Dr. Elaine Kmiec, an optometrist.

On Friday morning, Jones asked the group’s president, Vickey Willard, if the organization was able to take on 35 dogs.

“That’s what she claimed she had,” Willard said Saturday. “When we left, there were 90-plus dogs, including two pregnant females. We’re still counting today.”

It took about eight hours to get all the dogs out, because volunteers kept finding more tucked away on the property, she said.

“Every time I got a batch out, I’d go back deeper,” she said. “It kept going on and on. I didn’t think we’d ever get them all.”

Many were in deplorable condition, but none died during the seizure, Willard said. Among the maladies she noticed were ear infections, demodectic mange, overgrown nails, “hot spots” due to fleas and the smell of urine in their coats.

There were puddles of urine inside the house, creating an odor that lingered on the dogs and on the volunteers who handled them, she said.

The order signed by the judge Friday also noted that Kmiec had failed to meet her responsibilities as a debtor under bankruptcy law.

“Most egregious is the fact that her actions (en)danger the lives of 35 animals who cannot speak or protect themselves,” the order stated. “The court cannot condone the use of the bankruptcy process to inflict harm on undeserving creatures.”

Kmiec also had dozens of dogs seized from her property in 2006 and 2007, Willard said.

The collies rescued Friday are to remain in Houston Collie Rescue’s custody until further notice, Jones’ order stated. The organization is to provide the court a report on the exact number of dogs seized, their general condition and any other notable information.

Willard said the 90-some dogs are together in an appropriate facility under the care of experienced volunteers and will receive needed veterinary treatment.

___________________________

Here’s the results of the first day and the cost they expect her to pay for their lawless animal seizure-HA! The animal seizure that wasn’t sure tells more when the actual figures of this ‘rescue are set forth-A bankruptcy case that put the bankrupt person deeper in debt-That’s some judge that I wouldn’t want to meet for my bankruptcy case should I ever need to file but think I am beyond bankrupt as a result of an animal seizure and not because I owe money for their lawless seizure but because it put me out of the loop entirely…What’s an educational animal business going to do without it’s very expensive not replaceable animals-can have animals just no those animals and there was no criminal case or criminal conviction…they kept the animals anyway-boggles the mind what they can get away with in Texass!!! And what’s an animal educator going to do with a destroyed reputation with the public led to believe that it was just and lawful -Extortion to keep the dogs is more than unbelievable from a federal judge no matter what type of judge he is when they’d never be able to lawfully prosecute her after it was done with NO DUE PROCESS OF THE LAW-I hope she files suit!!!

Here’s their claim of expenses-click to enlarge

ID tags alone just won’t do, not even temporarily… Micro chipping away they go (not to mention it’s a great opportunity to double dip).

Houston Colie Rescue.5png

Of the 97 dogs, 4 were puppies. Here they bill for heartworm pills for 97 dogs and 13 puppies which would have to be the ones born over the weekend. Do newly whelped pups get heart wormer before they are a week old???

Houston Colie Rescue.3png

Is that a bill I see for the “volunteer” vet? $25/dog. Wow, not even a significant volume discount there!

Houston Colie Rescue.4png

Houston Collie Rescue has filed a report with the bankruptcy court (have to admit it’s nice to see some disclosure). They can point to 4 dogs with identifiable health issues and the rest is generalities. All the dogs were heartworm tested but the results were “unavailable”. Really? SNAP tests take what? 5 minutes? Total bill over $37,000 and includes S/N. No need to wait for court permission to permanently alter the dogs I guess. They claim all the female had pyro-ALL of them?!? Guess they had to neuter the males for ‘blue balls’…
Houston Colie Rescue

All “volunteer” huh?

Houston Colie Rescue.2png

Links of interest on this blog: https://topcatsroar.wordpress.com/the-tale-of-moron-county/

https://topcatsroar.wordpress.com/the-presumption-of-innocence-is-critical-to-a-fair-trial/

Well there it is in Black and White…Part 3 forthcoming…Background info…and more…

Disclaimer connected to this blog…Things said are of my opinion and the opinions of others…Stay tuned and follow this blog…No stone left unturned-Keep those reposts rolling on it from the help of others with much thanks for this to be exposed on this blog-There is no shame in the showing the facts-The shame is this scummy way to take animals from their rightful owners!!!   -B

NOTE: Is Zandra Anderson going to claim she didn’t get paid for all the trouble she went to, to destroy her reputation?!? That never was…This is   going to bring in big bucks so will they actually have the nerve to expect payment from Kmiec from this seizure forcing what might be a continued bankruptcy proceeding but hopefully with a different judge!?!

 

 

 

 

 

 

 

 

 

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~ by topcatsroar on September 4, 2014.

6 Responses to “When Animal Seizures Are Lawless, Then ALL Animal Ownership Is At Risk!!! Part 2”

  1. So how many dogs? Not only do the numbers keep changing, but they said themselves that the latest figure -97- includes the newborn pups (or 4 of them at least). Yet the itemized list shows expenditures for 97 adults and 13 pups (grand total, 110). But what I really can’t understand is, 110 leashes and 97 collars! Do tell, do they use a leash on a newborn pup? (Newborn, as in, not even whelped or weened yet) And if so, do they just hook it onto the puppies’ tails or something?

    As far as Zandra Anderson, well, she’s a lawyer, isn’t she? A lawyer looks out for the ones she’s paid to represent, whichever side of the fence they happen to be on… One case she’s fighting the use of the term “deplorable,” and the next case, she’s using that term herself. The carnival people have a term for that… GTFM.

    • Well this might be a first, lol…Did you just compare an Attorney to a Carney-OMG!!! That’s funny -ROTFLOL!!!

  2. So sorry. I did not mean to insult my carny friends!

  3. […] Part 2 Shows exact financial figures and demonstrates that there were paid volunteers (I bet Zandra is going after a fee-It sure wouldn’t surprise me!!!) The numbers don’t add up…as you can clearly see for yourself https://topcatsroar.wordpress.com/2014/09/04/when-animal-seizures-are-lawless-then-all-animal-ownersh… […]

  4. […] part 2- https://topcatsroar.wordpress.com/2014/09/04/when-animal-seizures-are-lawless-then-all-animal-ownersh… for the billing information from HCR-No mention of the house cats!!! […]

  5. […] https://topcatsroar.wordpress.com/2014/09/04/when-animal-seizures-are-lawless-then-all-animal-ownersh… […]

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