When Animal Seizures Are Lawless, Then ALL Animal Ownership Is At Risk!!! Part 3
On September 1st, I open my email and find the following message from RPOA-HUH!?! They don’t get involved with animal seizure-But wait, it’s a forwarded message from Zandra Anderson who sent a message to TX-RPOA and forwarded on to it’s members as an update. What bothers me about this is that it gave the impression that RPOA is supporting this seizure that’s not a seizure-and whatever it is/was, it was done entirely wrong so far yet, is supported by Zandra Anderson ‘the dog lawyer’ -From the media reports and now this message from Zandra is asking for donations-HUH!?!
Where to send donations has been removed from the message as I do not support this unlawful and unconstitutional action against a private owner with a federal bankruptcy judge giving away property rather than ordering the property to be sold to pay her creditors…Yes, exactly what’s going on and this judge has very limited jurisdiction at that-Most certainly, he has no authority in matters of animal cruelty.
US District Judge David Jones knew very little about the dogs but Kara Kaufman said she wanted all the dogs removed- (Remember, Kaufman wanted REVENGE) and that’s exactly what she got…With no reference to TX-Health and Safety Code 821; which is the only way to seize animals in Texas, Judge David Jones totally ignored the statute and went outside the box to order the animals surrendered to the court and then given to Houston Collie Rescue rather than sold as valuable property to pay creditors-This is a bankruptcy that’s no longer a bankruptcy and turned into ‘something else’!!!
Now Zandra Anderson is aware of the statute yet supported this action-The following is her words from the RPOA message with permission to crosspost-OK I’m sharing it with my opinion of it-Door opened for my right to do so…There is no mention to keep your opinion, of her supporting this wrongful unlawful action, to yourself-Just why are people so afraid to say what they think of it…
It’s not that I support animal cruelty because I don’t but this was not an animal cruelty case and can not become one but now they have turned it into one which is unlawful and unconstitutional according to Texas Constitution and TX-Health and Safety Code 821-they all know it I’m sure…After all, Zandra Anderson gets calls from wrongful seizure victims all the time for representation so I am beyond words for this to have happened; without reason or concern for Texas Law, this federal judge went outside the box for an animal seizure!!! -He lacks jurisdiction to set forth an order to seize animals and then give them away to a non government Not For Profit organization-This order now becomes void as he lacks jurisdiction to have done it in the first place-When a judge acts without jurisdiction it is not only void but there’s reason to attack the order and file suit.
As a reminder, this is NOT about whether or not those dogs needed to be rescued and is about the unlawful seizing of property. That being said at best, if were a cruelty case, it wasn’t intentional and no dog was in a life threatening situation that would require immediate action-Frankly, they knew very little about the dogs including the exact number and not uncommon for an owner not to even realize exactly how many she has when there’s a large number especially when that owner was accused once before and now terrified-Her dogs aren’t cows or other livestock where you keep track on the number-That being said, would make no difference if it was 1 dog or 10, it is still what it is-the unlawful seizing of PROPERTY…They say she intentionally lied to the court as the reason for the seizure-huh?!? Go on a witch hunt because a terrified owner didn’t know the exact number and terrified?!?
Do Texas lawmakers realize that the statue (TX-Health and Safety Code 821) is so abused that they might as well repeal the law and have no statute…
According to the statute however, there must be a conviction to keep the animals which are to be sold at auction with he money going to the owner to pay for the seizure, destroyed or given to a NFP-but at this point they wouldn’t even be able to file charges when there was no respect in regards to the statute and basic constitutional law requiring a valid warrant when things weren’t done properly but, they do it all the time disregarding the statue and attempt to forge ahead, as they usually do, to get wrongful convictions and keep the property thus the courts lack jurisdiction in the case-obviously…
Owners are threatened with prosecution and their property extorted away by government action which has no interest in animals as the law is written to protect people, not animals, and then freely given to a Not For Profit organization that accepts the merchandise, collects donations, bills the accused with outrageous fees for the seizure and then SELLS the animals for a fee as demonstrated in Past 2.
from RPOA~ “Follow Up” on Collie Seizure in Tomball, TX
Forward From Zandra Anderson
Texas Dog Commission: http://www.texasdoglawyer.com
3 Collies Turned into 93: Collies in Cruelty Seizure Need Your Help!
Tomball, TX (8/29/14)
History. Three Collies turned into 93 more Collies and here is how it
happened. Close to a year ago attorney Zandra Anderson, got a judgment in
the state lower court for the return of 3 Collies to Kara Kaufman. Kara, a
single parent mom, reluctantly had to place her Collies because of a breakup
that left her without a place to live with two small children and 3 big
dogs. She had been deceived into placing these dogs with Dr. Elaine Kmiec,
O.D. who used a fake name to get them. Kmiec had relinquished 51 Colllies in
a cruelty surrender in 2007.
Despite the judgment, Kmiec refused to return the dogs saying someone else
had them. Another suit was filed to get a receiver appointed but on the eve
of the hearing, Kmiec filed bankruptcy which stayed all state court
The bankruptcy case is being handled by attorney Famose Garner who secured a
preliminary injunction to enforce Kara’s judgment for the return of her 3
dogs. However, the bankruptcy judge went farther and ordered that all dogs
on Kmiec’s property be turned over to the Houston Collie Rescue. Kmiec
testified in court on Friday morning, August 29, 2014 that she had 35
Collies on her property. The judge made his order about an hour later and
the Houston Collie Rescue, spearheaded by its president, Vickey Willard,
went into action.
Seizure. The judge wanted the dogs seized “immediately” so the seizure
started just a few hours after his order was given. The Houston Collie
Rescue volunteers joined by attorneys Zandra Anderson and Famose Garner,
started removing the dogs from the premises at 3:30 p.m. Kmiec’s property
was a compound with a labyrinth of cages and runs that would boggle the mind
and the conditions were unthinkable.
It was soon learned that there were over 60 dogs on the premises which was
the last count when the media left around 9:00 p.m. to head back to do the
nightly news. But the numbers kept growing. There were yells of “we found
some more” throughout the night until all 93 dogs were removed. Soon there
will be more because two of them are about to deliver pups. All 93 Collies
were safely removed without one single incident. Some neighbors even helped
providing supplies and even a horse trailer to help remove the dogs saying
they were looking forward to some peace without the dogs barking.
Conditions. The confinement of these dogs was nothing short of draconian.
Most were underweight, some had serious medical conditions (open sores, hair
loss, huge open wounds, mange, flea dermatitis), most were severely matted,
and all were full of fleas. Their stench was overwhelming as many were in
feces and urine. The premises had everything imaginable stacked up and
tossed on the ground making it difficult and in some cases impossible to
walk through the maze.
None of the dogs knew how to walk on a leash and many of them dropped to the
ground rigid because they were not socialized so they had to be carried. But
with little exception, the Collies were very friendly and seemed to be glad
to be out of the imprisonment they were enduring.
The Good News. All of the dogs were removed to a beautiful facility that has
provided them with state of the art pens, clean water and fresh food. They
are receiving vet care and much needed grooming. There will be a hearing in
the bankruptcy court to determine what will be done with them in the very
near future. This will hopefully be the start of a real life for the
How Can you Help. The rescue is utilizing its volunteers who are
knowledgeable about dogs from cruelty seizures to do the hands on care but
donations are desperately needed. Please consider donating any amount to the
Houston Collie Rescue to help with the costs of caring for the dogs and for
all of the veterinary care they will all need for months to come. No amount
is too small and will be greatly appreciated by these deserving dogs and the
Lets get the animals back for the homeless single mom of two children-huh?!? Then let’s go get the rest of the animals because the owner was once accused of alleged animal cruelty -we don’t think she’s being honest with the court-Her attorney drops her because he once ‘adopted’ a dog and calling it a ‘conflict of interest’-What a snake he is to use that as an excuse…He’s already done nothing for his client; what an ass-wipe and imagine she would have dropped him anyway…
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-ownership-is-at-risk-part-2/
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.
The older (2007) “case”:
The other case, according to the Utah Collies Rescue Website, will be nationally televised on Animal Planet as a Petfinder TV show. This involves about 51 collies seized from Elaine Kmiec from Tomball, Texas. Ten of these were to be adopted out by Animal Planet to have their stories aired in 2008. The rest were turned over to Houston Collie Rescue.
Houston Collie Rescue called out for help and the following rescues took some dogs:
Northern California Collie Rescue
Pueblo Collie and Sheltie Rescue
Southwest Collie Rescue
Utah Collies Rescue
Jean Smith -Message 1 of 1 , Jul 28, 2007
Another sad situation for our breed…Elaine Kmiec in not currently a CCA member…but has been in previous years…Greg.
Please feel free to forward or crosspost this email. [Bloggers note: Reminder all this is 2007-an Animal Planet SPONSORED animal seizure]
From: Houston Collie Rescue
By now some may be aware of the 51 collie seizure of dogs belonging to
Elaine Kmiec from Tomball Texas . It is our understanding that ALL her
dogs were seized and then voluntarily signed over to avoid prosecution.
These animals have been tagged as Animal Planet, animal Cruelty
investigations. We are posting what facts we currently know but they are
ever changing. As of today HCR has been told that 41 of the collies
will only be released to Houston Collie Rescue . It is believed the other
10 will be adopted out and their success stories will be followed and
aired on Animal Planet. Houston knows the collies are about 50/50 rough
and smoothies. Some are testing HW positive, internal parasites, some
with demodex, emaciated, some more than others.
Houston Collie Rescue is very busy setting up locations and transport to
a command post to catalog, michrochip, photograph each dog. We will
release photos and descriptions as they are available. All collies will
be vaccinated and altered as this is the releasing agencies requirement
and proof of such must be submitted back to them by HCR.
The Collie Rescue Foundation (CRF) and the CCA have both been wonderful
at offering HCR assistance.
HCR is already very inundated with rescues collies since we continually
cover all of Texas .
Due to lack of foster space and already 10 dogs in boarding and 2 more
coming in from Dallas our already discounted boarding expenses will be
even higher due to this intake. Once the photos are circulated any
breeders wishing to obtain their collies are welcomed but must arrange
their own transports. We will be reaching out to our fellow rescues
throughout the US to possibly take some of these dogs into your
programs. Especially smoothies. We are still sitting on 3 from Elaine’s
last seizure. Again transports need to be arranged.
Vickey Willard, Co-ordinator
Houston Collie Rescue , a 501c3 Charitable Rescue Organization
cc: Barbara Lewis, HCR Co-ordinator
************ ********* ********* ********
I spoke to Vicky Willard, of Houston Collie Rescue , this morning and
Collie Rescue Foundation has committed to assisting in this rescue. We
have offered to help with the medical expenses, including heartworm
treatment, tests, and neutering. If anyone wants to make donations,
they can make them directly to the Houston Collie Rescue , or Collie
Rescue Foundation, Inc. If you donate to CRF to help these dogs, just
make a note that you want the donation earmarked for the Houston Kmiec
rescue. As a 501c3, all donations to CRF are tax deductable.
donations can be sent to: [Donation info has been redacted]
please feel free to forward or crosspost this email
Marianne Sullivan , President
Collie Rescue Foundation, Inc.
So the witch hunt continues based on a 7 year ago owner surrender that had no conviction-Alleged animal cruelty. Donations coming in from all around the US and offers to foster or ‘adopt’…But information is required by application…Just wondering…According to TX-Health and Safety Code 821, if anyone is aware that the dogs can not be removed from the county and according to the statute the people helping to seize them must be within the county. -AND, according to TX-Health and Safety Code 821 -Each and every dog has to be assessed and the animals must be in need of emergency care for each and everyone of them…that would not pertain to fleas and matts-Furthermore, this is highly irregular and far beyond the mistakes they normally make with animal seizures in Texass-You’d think a judge working and living in Texass would be able to address the law properly!!! None of what occurred would be admissible in an animal cruelty case in a Texass court however with animal cruelty case, no matter the law, anything goes to get to conviction and reason there have been so many suits filed and appealed-Done at taxpayer expense…
Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…Stay tuned -B
Thank you to those who contributed to all the information sent to me on this case!!! More to come shortly-Frankly this has been a difficult one to digest!!!