TX-H&S Code 821 Abuses Protected Civil Liberties AGAIN!!!

We were denied jury trial and the case below demonstrates WHY!!!

-With dropped charges, they kept our animals after ambushing us in a JP court that had no jurisdiction for a criminal case, a complete farce-On appeal however, the county court made it a civil case (nullifies the JP judgment) and had the balls to deny us a jury-WTF?!?

To top it off, the County Court of Marion County has NO civil jurisdiction what-so-ever…over $200,000.00 on property value-GONE-Marion County, Texas had their hay day…The Three Stooges of Marion County handling justice (the JP judge, the county court judge and the district attorney) all done at our expense with a case so botched that the higher courts can’t even get past the BULLSHIT and CORRUPTION.

We continue to suffer from the loss…As do so many other animal owners that have not had a criminal case and how about those that have won their criminal case and acquitted of the charges-So important to prosecute over property rights of ownership yet they place no value on the animals-WTF?!? It’s been proven and case law exists that animals do have value (my investment was over $200,000.00 of my blood, sweat and tears for my dearly loved and appreciated, well cared for and valuable animals…No matter-the animals are gone) The Humane Society of Marion County (now DBA the Dixie Humane Society of Marion County-same people) and the TX-SPCA; BOTH are known killing machines…How many of the animals are dead as a result of this cruelty statute in Texas and elsewhere??? None of these cases demonstrate that they were a rescue !!!

What did those bastards actually win for having done it ??? Was the money gained worth the price of so many lives-Both human and animal ??? It certainly wasn’t a win for any animal and likely those animals are still wondering where their owners are-The ones that are still alive that is…The animals suffer as a result of these raids with cases brought against their rightful owners.

06.12.2013_SPCA KILLS DONKEYS_No4This the result of a SPCA of McKinney “RESCUE” -Before they arrived they were enjoying life-There were three -one loaded-up and carted off leaving two behind lying dead on the ground for their owners to bury their lifeless bodies and charged for animal cruelty with no warrant in place to even enter their property.  Their story was shared exclusively here and from Lady Liberty link: https://topcatsroar.wordpress.com/2013/08/02/recapping-the-spca-of-dallas-killing-spree-extreme-update/

The animals and the owners are both victims of an unlawful and unconstitutional civil seizure (civil forfeiture) law (TX-H&S Code 821 for animal forfeiture). So many done under the watchful eye of the new governor of the state of Texas, Gregg Abbott who was the Attorney General for Texas; allowing the unlawful and unconstitutional process to go on in the state with many complaints and has never established a lawful process with the legislature to make the statute process within the limits of what the law provides-Wrongful illegal warrantless searches continue-Wrongful illegal search warrants that are non-specific and based of the fruit of the forbidden tree-Wrongful THEFT of ALL the animals without proper due process-Obviously the entire process is both illegal and unconstitutional even if you apply the rules for perishable property-They never ever access the property for its value furthermore, the title of most of these cases isn’t even correct (for an in rem hearing concerning the condition of property should read the state v the animals-not the owners). But the most dangerous and damaging part of all of it is the taking of ‘ALL animals alive, dead and unborn’ when the statute is specific and provides for ‘an’ animal and ‘the’ animal and then giving the animals away long before any criminal case. -WTF ??? No charges after two years or if there are and then there’s an acquittal, the property still can not be recovered. So in essence-this is ‘legal theft’ by law enforcement, the judicial system and the people associated with some sort of NFP pretending to be experts for the taking of property from a rightful owner and giving it away. as if that wasn’t enough, they then have the gall to thank the perpetrators who made the claim against the owner of the property who benefitted from the process-the NFP organization -Got that…BENEFITTED from the civil ruling by being awarded the property-

That’s one BIG ASS FUCK UP of the judicial system when the two courts do not agree or there was no criminal hearing with the civil cases heard by layman non lawyers over property issues-Oh yes, they are entitled to an appeal but can be placed in the wrong court- county courts are administrative courts that lack civil jurisdiction unless the county establishes a county court at law requiring that the judge of that court to have been an attorney.

Here’s a recent criminal case in Gilmer, Texas-another East Texas town not far from Marion County-where the judges stole the animals as a result of the civil hearing yet the owner is guilty of nothing!!! Got that NOTHING !!! Did they hold the animals or are they long gone as they usually are ??? Taken to the SPCA of McKinney-a killing machine and no one at trial knew what became of those animals-all unwanted strays…They know alright-just not saying.

corruption sign

No one benefits from the TX-H&S Code 821 civil process with the exception of the NFP staking a claim and having done the deed.

Much thanks to the Gilmer Mirror for good HONEST reporting!!!

http://www.gilmermirror.com/view/full_story/26484009/article-Woman-acquitted-of-animal-cruelty-charges?instance=home_right_story#cb_post_comment_26484009

Woman acquitted of animal cruelty charges

A woman whose 70 dogs and cats were seized from her by the Society for Prevention of Cruelty to Animals of Texas was acquitted by an Upshur County Court jury Wednesday of a misdemeanor animal cruelty charge.

The six-member jury deliberated just under an hour before finding Linda Darlene Luker, 56, of Big Sandy, not guilty of a charge of “failing to provide a sanitary and adequate” living environment for the animals under her care.

The SPCA and law officers confiscated 64 dogs, six cats and a horse from Luker and another woman from a Gladewater area address on a private road last May 8. Two judges, including the one who presided over the two-day criminal trial (County Judge Dean Fowler), had subsequently upheld awarding custody of the animals to the society in civil hearings, with Fowler finding they had been cruelly treated.

In this week’s subsequent criminal proceeding, however, Luker’s attorneys presented testimony from three Upshur County veterinarians and one of her neighbors in an attempt to refute SPCA employees’ testimony that the animals were in inadequate, unsanitary conditions, and that several were diseased or underweight.

The defense also indicated that SPCA staff veterinarian Dr. Terri Stevenson’s testimony as to how many dogs were underweight conflicted with SPCA technicians’ written records of their findings.

Lead defense attorney Andy Tefteller, assisted by his brother, Gilmer attorney Jarom Tefteller and Longview attorney Edward Choy, portrayed Luker as a kind-hearted woman who for nine and a half years had run a shelter for stray animals nobody else wanted.

“In no way could her treatment of these animals be considered cruel,” and the “irony” is that “the experts in this area are on Linda’s side,” Andy Tefteller told jurors before testimony opened.

Upshur County Assistant District Attorney Camille Henson presented more than 100 exhibits, including individual photographs of the animals and a video with sound which was taken during the seizure. Henson argued Luker “failed to provide them with adequate care.”

The prosecutor also said some animals were caged in a room without lighting, and that Luker had refused help offered to her by Jacqui Lynch, a city of Longview senior animal control officer who testified for the prosecution during the two-day trial.

Henson additionally argued there was no evidence the cluttered property where the dogs were housed had been cleaned. In her opening statement to jurors, she said Upshur County Pct. 1 Constable Gene Dolle would testify that conditions at Luker’s rented residence on a private road in the Union Grove vicinity were “nothing short of deplorable.”

The seizure stemmed from the constable going to the property to serve an eviction notice last May. He testified that he noticed several dogs tied up, and that Luker said she had “about 50 or more,” but denied his request to go inside the property, which had a warehouse-like structure.

Dolle, first of the state’s six witnesses, came under strong fire from Choy, who told the constable that “everything you’ve testified to is contrary to what’s in” a report on the case, and at one point told Dolle, “I’ve gone through all your reports with a fine-tooth comb. Would you please stop lying?”

The second state witness, former Humane Society of East Texas Executive Director Scott Holloway, said he visited the property in question last May 5 at the request of the other woman who owned the animals, Carol Pinckert. He quoted her as saying the legal system had indicated to her that “she had to remove the dogs from the property.”

Holloway said animal control officers and a humane society relocation coordinator accompanied him to the site. The witness, who said he was a certified kennel operator, testified it was “totally inadequate” that only one person (Luker) was taking care of so many animals and that he visited the site to see how many could be salvaged.

He said Luker admitted him and the others on the property, which he termed “filthy” and so cluttered that it was “difficult to find a pathway that was clear.”

In addition, Holloway said, cages “looked small for the animals they were supposed to be accommodating,” and that he could “barely come up with four or five animals,” of the dozens at the site, which could be relocated in rescues

SPCA representatives did not testify what happened to the dogs and cats once they were seized and taken to McKinney, and Holloway testified he did not know. The prosecution alleged Luker committed animal cruelty on or about May 5, the date of his visit.

The next state witness, Lynch, said she visited the property several times and that Dolle had asked for her to go with him due to “animal concerns.” She said she saw Luker last May 10 and “offered to get some of the rescue groups involved but she denied my help.”

Lynch said junk and litter were piled more than five feet high in the warehouse, which had feces and urine on the floor, and that there were “little makeshift pathways” to the rear of the property.

Lynch said the animals were living in conditions that “were not healthy, were not sanitary.”

Another witness, SPCA Cruelty Investigator Troy Willmon, said he took photographs at the property, which had junk, clutter, and “dirty debris,” and that some caged dogs were kept in a dark room without lighting.

“Conditions were not just unsanitary,” but “unsafe” for animals’ longevity of life, Willmon testified. He also said one person could not care for 71 animals.

Art Munoz Jr., supervisor of the SPCA investigatons unit and an employee of the Dallas County district attorney’s office, testified about his visit to the property during the seizure, and the jury saw a video he made which featured loud barking from dogs. He said the environment (where dogs were kept in crates, cages and pens) was not sanitary.

Dr. Stevenson said that when she went to the property for the seizure, “it was really cluttered” and she “had to step over stuff.” She said there was no room for some confined animals to do anything but “sit there,” and that she did not believe Luker was providing a sanitary, adequate living environment.

She agreed with other witnesses that there were too many animals on the site for one person to care for. She also said about 10 percent of the animals needed medical issues addressed right away and that 36 percent were underweight, but acknowledged she did not weigh them.

Stevenson said she believed Luker was feeding the animals, and that their lack of weight was due to worms.

But when Andy Tefteller began asking the veterinarian about individual pictures of the dogs, which were displayed on a large screen, Stevenson acknowledged that in two cases where she had contended the dogs were underweight, an SPCA technician had written the animals had ideal body weight.

At one point, Tefteller said “We’ve gone through one-third of them (the pictures) and I think I’ve made my point” that none were underweight. Dr. Stevenson replied that the written records from the technicians were “not my assessment.”

When Tefteller asked her to look at records and see how many were shown to be underweight, she contended, “Some of these are definitely underweight, but they’re marked as ideal.”

Tefteller then said the technicians had shown all but two of the animals to have ideal body weight.

Replied Stevenson, “They were incorrectly marked, in my assesment.” She argued that technicans “don’t have the years of training that I do” and need education in the area of evaluating weight.

The first defense witness, Luker’s former neighbor Clint Coleman, said the animals had shelter, hay and bedding and that the pictures left no doubt in his mind the dogs were receiving care.

They did not appear to be living in unsanitary conditions, he added.

The first veterinarian to testify for the defense, Dr. Clint Owens IV (son of a longtime Gilmer and now Gladewater veterinarian), said he had been to Luker’s property last April to run a blood test on her horse and vaccinate four of her dogs at her request. Owens, who runs a mobile veterinary practice, said he saw no indication she was cruel to the animals, and charged it was “ridiculous” she was on trial. He also said the animals’ environment was sanitary and adequate.

Responding to the SPCA findings that some of the dogs had hair loss, heartworms and possible ear infections, Owens said strays have those more than house dogs.

He said the SPCA’s papers and the pictures showed Luker’s animals to be in “pretty good shape.” He further said he did not think “clutter and dust and cobwebs” are “a threat to their health,” nor that 71 animals were too many for one person to handle.

Owens also said he was not being paid for his testimony. “I’m actually losing money” by being in court rather than working, he said.

Gilmer area veterinarian Dr. Robert Wright, who said he once worked for the SPCA and had worked in 160 veterinary clinics during his 19 years in his profession, said he had thoroughly gone through the SPCA records of the seized animals and “I see no indication that those animals were cruelly treated. They look healthy.”

He said he did not think Luker had committed a crime. He said he had been to her home 10 years ago, but no since.

Wright also termed the SPCA a business which makes money. “They’re a private organization,” he said.

Dr. Cherie Nazzal, a Gilmer veterinarian for the past 30 years, testified she personally knew Luker, who had brought 50 dogs and some cats to her, and that she had been to Luker’s home multiple times. Nazzal said, “I feel so sorry for this girl. She is a good, good person.”

Nazzal said Luker’s animals did not live in the cages, but were rotated. “She had a system and she knew how to use it,” the veterinarian said.

“The care she gave them was excellent, honestly,” she said. She said she had seen Luker attempt to clean up animal feces and, when asked if the defendant committed a crime, Nazzal replied, “Oh, my gosh, no.”

Asked if the animals’ conditions were adequate and sanitary, she said “the clutter is secondary,” and that Luker took better care of the animals than of herself.

In his closing argument to jurors, Andy Tefteller opened by quoting Sam Houston as saying “Do right and suffer consequences.” He said Luker had tried to do right by taking in animals no one wanted, and that testimony showed she used all her money on them and “neglected herself. Yet she’s on trial for being cruel to these animals when she was the only one that cared about them in the first place?

“Now they want to convict her of a crime for doing a public service,” Tefteller asserted. “The only friends that she had was these dogs and cats.”

He also charged that “a hit squad from Dallas (the SPCA)” had been sent to her property and that they were “paid, by the way, to do it.” He pointed out that unlike Luker, the SPCA was not a no-kill shelter.

Tefteller additionally argued that three respected local veterinarians “seemed not to think she did anything wrong.”

In her closing argument, Henson said “We’re here for the animals.” She said she did not think Luker “is a terrible person,” but “trying’s not good enough, always.”

Following the verdict, Luker, who did not testify in the case, referred a request for comment to Tefteller. He said, “I want to thank the jury for having the courage to do what was right and I hope this was a message that you can do right and not have to suffer the consequences.”

He also thanked the veterinarians who testified for Luker for “having the courage to tell the truth,” and added, “Apparently, the citizens of Upshur County have a conscience.”

Henson referred a request for comment on the case to District Attorney Billy Byrd, who did not take part in the prosecution. Dolle meanwhile, said“I want to thank the jury for their time, their efforts and all of the hard work they put in.”

He also expressed special thanks for the cooperation of the SPCA in McKinney in the case

__________________________

He thanked the SPCA in McKinney -for what ??? Another wrongful animal seizure…Remember the killing spree for the donkeys (pictured and linked above)There was no warrant-in their aftermath, they killed 2 of the 3 donkeys and left them for the owners to bury-yeah that’s the right thing to do and then accuse the owner of cruelty-NOT!!! Does anyone actually believe that Luker’s animals are still alive and well?!?

What was all this fuss about you might be asking-I’m asking the same question-No one wanted those animals, just Linda Luker-They were the ONLY FRIENDS SHE HAD-ALL OF THEM  LIKELY NOW DEAD THANKS TO THE SPCA KILLING MACHINE!!! That is just how fucked up all this really is!!!

Luker took the strays-and was messing up the ‘rescue business’ as they are paid per every stray they pick up and kill-Guess stepping on Jackie Lynch’s toes over $38.00 per dog they pick up was worth it ???…Jackie Lynch needs to get a life-or is that a bleeding heart!?!

This is nothing more than a NFP organization with a vengeance against animal owners…that KILLS ANIMALS-STOP SUPPORTING these organizations and hold them to the letter of the law-or is PETA moving to Texas now ???

I can not call this a win when ALL those animals, her only friends are now gone-Funny thing about death-it’s final!!!

animal seizures and rescues are being conducted by a very sophisticated network of 

organized crime who have developed a very sophisticated scheme by which they are 

criminalizing longstanding animal and livestock owners;

divesting them of ownership of entire herds of livestock and commercially valuable animals.

all of it done at taxpayer expense and thru a highly developed scheme to

collect donations.

follow the animals ~ follow the money!!! 

This case about unwanted homeless strays that no one else wanted is no different -If nothing else or every animal they took and includes every animal they killed she should be paid as they were no longer unwanted or homeless-They had a home with a loving owner-My heart breaks reading a case like this one, maybe even more than others I have seen-even witnessed and the cruelty committed on a fellow humane being-If you didn’t see a reason to repeal the cruelty law before, you sure have reason to now!!! People come First!!!

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

Baskin wants your pet

 

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~ by topcatsroar on February 24, 2015.

11 Responses to “TX-H&S Code 821 Abuses Protected Civil Liberties AGAIN!!!”

  1. This was a big conspiracy and wish I had known that this trial was going on-I would have attended in support of Luker…Imagine what living with Jackie Lynch and the rest of these conspirators must be like with their dark cold hearts of stone!!!

  2. […] Reference to this previous post https://topcatsroar.wordpress.com/2015/02/24/tx-hs-code-821-abuses-protected-civil-liberties-again/ […]

  3. I DO NOT support any “national” nor even “regional” organization-owned shelter! PERIOD.

    Hmmm, BTW: I have seen a couple of small, no-kill cat shelters in my area of town. Just wish we had a few more for dogs too.

    The A.S.P.C.A. are constantly held up to be “the animal-experts”. HAH! I am willing to bet that I, personally, have far more animal-care experience than most of them. One of the most important “firsts” in animal care and welfare, is Compassion. Love ranks alongside if not a very close second (unless it is one of my own, in which Love is definitely highest-ranking). – Most of these “NFP” organizations, and most of their employees seem to lack genuine Compassion for their animal-responsibilities.

    Very sad cases mentioned here. What bugs the hell out of me, is when “others” (namely from the org’s) seem to know what is best for OUR animal-companions and how “capable” of caring for just how many animals WE are, better than we know of ourselves. Just like a few of my physicians making statements to the effect that “they” know about my body’s needs more than I do!

    Thank you for sharing.

    – Rev. Dragon’s Eye

    • TY for your wonderful comments and encouragement-This is a particularly sad case-as when any rescue is raided for doing what no one else would do -Provide for the unwanted strays-Kaboodles is now gone and so many others that have helped animals that no one wanted-HSUS helped create these outrageous laws and dependent on the other Animal Rights Extremists organization to bring in their Nazi Gestopos to use the laws for their benefit-and in some instances entire towns work towards the profits that they can gain thru the creation of a task force-Just what we need armed officers stealing animals based on BULLSHIT that they are fed from these Animal Rights Extremist organizations-The only thing transparent is the corruption. -B

      • Let Commonsense shine as the Light of Day would have it. Those of us who truly experienced a life lived together with our animals KNOW the truth.

        It is always very nice to see more folks have the guts to stand up to these horrible scoundrels.

        – Rev. Dragon’s Eye

      • Glad that you’ve chimed in and hope that you are sharing!!! I also follow bloggers-Check out YesBiscuit!!! She’s nailing it over shelter abuse -B

      • very same thing is happing in bc canada

      • I’ve noticed!!! As animal owners it is our responsibility to speak up and inform our legislatures that it must stop creating statutes and laws that serve no actual purpose and making victims of animal owners. These laws were created by Animal Rights Extremist Nazi Gestopos!!! Do not support any shelter that has a mission to fight animal cruelty and control animal population. Please see my previous comment for what you can do-It’s not going to happen overnight but it will get the lawmakers thinking about the wants and needs of the taxpayers that vote to put them in office!!!
        We need to provide for the homeless and unwanted stray animals not already owned animals that are in good homes; those animals are dearly loved by their longstanding rightful owners.
        Let’s get it done!!! -B

  4. […] LINKS OF INTEREST: https://topcatsroar.wordpress.com/2015/02/24/tx-hs-code-821-abuses-protected-civil-liberties-again/ […]

  5. how can we protect our animals

    • Really simple actually-Write to the state legislatures-They must hear from YOU!!! Write an explanation that 1)The TX-H&S Code 821, as written, is illegal and unconstitutional -this civil process simply can not take place within 10 days as it does not allow for owners to make a proper defense and does not allow for a jury trial which can and has been denied 2) Tell them that the statute does nothing more that help create big business for private citizens and their NFP organizations by supplying them with animals when no conditions of animal cruelty exist and based on the opinion of those groups that will benefit from the donations and the resale of animals where they pay no tax yet abuses taxpayers and done at taxpayer expense 3)The statute must be based on intentional animal cruelty and processed after a criminal trial to assure that animals will be returned if the owner is not found guilty of a crime as already happen rather than nit picking of owners and the animals. 4) Most important to tell them that their is no sudden outbreak of animal abusers as the Animal Rights Extremist organizations want them to believe to assure them of retail merchandise-These organizations need to concentrate on the strays and homeless in their communities and creating leash laws to stop animals from running at large -They must stop making victims of longstanding animal owners. Lastly, if they sincerely want to help animals then the legislature should create more low cost and free clinics for vaccinations which will actually protect animals and the general public and offer low cost S/N clinics as a better and more appropriate way to spend taxpayer money. Goals should be assessed towards protecting animals and the community. Thank them for taking the time to consider repealing this worthless statute as this matter is very important to you!!!
      Face it, if someone is caught participating in dog fighting it is a criminal offense and the animals automatically become the evidence and removed from their owners…this statute is not needed anywhere!!! Then share your letter everywhere and ask people that you know to do the same and to share your message…By all means share your message here!!! -B

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