Message from From Lady Liberty…Animal Owners for Justice

Follow the links to view pictures and exhibits!!!

From Lady Liberty…Animal Owners for Justice…Please take the time to read this entire document and help us spread this far and wide-SHARE WILDLY!!! Especially if you live in Texas or know someone living in Texas-but you must understand…What happens in Texas effects YOU the taxpayer no matter where you live!!!

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http://animalowners4justice.wordpress.com/2013/10/29/are-you-next-millions-of-your-tax-dollars-are-financing-government-sanctioned-personal-property-raids/ Millions of “YOUR” Taxpayer dollars are being used to finance government sanctioned RAIDS  of personal property, all across Texas. Click the link below to read the letter which was sent  to Texas State Senators, Texas State Representatives, TEA Parties, Texas Republican County  Chairmen, and others, including seasoned and award winning investigative journalists. IF  you are concerned about losing YOUR property rights, which are protected and guaranteed  by the United States Constitution, and IF you are concerned about the amount of Taxes you  are having to pay, you don’t want to ignore reading this letter. The letter provides  a summary of what is happening across Texas to divest citizens of their personal property,  by elected officials who have no legal jurisdiction, through misapplication of codified law,  and the issuance of “general warrants” which have been prohibited and outlawed by the  Fourth Amendment to the United States Constitution for over two hundred years. The  “scheme” is outlined. Exhibits of five cases, which are well documented, are included. Ignore or deny this information at your own peril. You may be next.

http://animalowners4justice.files.wordpress.com/2013/10/10-29-2013_letter_republican-county-chairmen-and-legislators-sml.pdf

10.29.2013 – LETTER TO REPUBLICAN COUNTY CHAIRMEN AND LEGISLATORS:

SUBJECT: ARE YOU NEXT? MILLIONS OF YOUR TAX DOLLARS ARE FINANCING

GOVERNMENT SANCTIONED PERSONAL PROPERTY RAIDS!! This TRUTH is NOT being reported in the mainstream media.

The following communication, even though lengthy, is a summary of what is happening across Texas to divest citizens of their personal property, by elected officials who have no legal jurisdiction, through misapplication of codified law, and the issuance of “general warrants” which have been prohibited and outlawed by the Fourth Amendment to the United States Constitution for over two hundred years. The “scheme” is outlined. Exhibits of five cases, which are well documented, are included. Ignore or deny this information at your own peril. You may be next.

Dear Texas Republican “County” Chairman and Legislators:

Are “YOU” next? This email is sent as a “heads up”! There is a “new” organized crime network of stateand federally recognized 501(c)(3) non-profit organizations which are “using” Millions of “YOUR” Taxpayer Dollars to finance or “subsidize” the literal “theft” of millions of dollars worth of “personal property”, all with the blessing and support of layman non-lawyer Justices of The Peace in Texas! The problem is becoming epidemic, but as with most other topics of grave concern to the Taxpayers, it is not being covered by the mainstream media.

This email is being copied to all Texas Republican Senators, Texas Republican State Representatives, Texas TEA Parties for whom email addresses could be found, other interested groups and individuals, and investigative journalists including national award winning Gary Fields of the Wall Street Journal and John Stossel of Fox television.

You are ALL asked to read this email, follow the links, and once you have become well informed, to take action to halt this insidious and egregious decimation of the “Tax Base” and destruction of Texas families and business enterprises. As you read, you may be shocked at the information. You may want to deny the information, and say, “oh, this can’t be true.”

Just remember, the information summarized and recounted in this initial communication to you is substantially documented, and… it could very well be “you” who is “next”

. Subsequent emails will be sent to provide more information.As members of the Republican party, and/or expressed supporters of our precious United States Constitution, and thereby the Constitution of the sate of Texas, it is assumed that you are aware of Agenda 21 which the Republican National Party, as well as the Women’s Republican National Party have both unanimously passed resolutions to expose. This letter is focused on the following concerns of those resolutions:

“WHEREAS, this United Nations Agenda 21 plan of radical so-called “sustainable development” views the American way of life of private property ownership, single family homes, private car ownership and individual travel choices, and privately owned farms; all as destructive to the environment;…”

THE PROBLEM:

The “Tax Base”, which keeps our economy functioning and supplies funds to operate government and provide services to the citizenry – such as law enforcement, judges and courtrooms, jails, etc. – is being systematically decimated, by a network of “private citizens” operating under the guise of non-profit animal “rescue” organizations. These “private citizens” have developed a network which engages in nothing less than “racketeering activity” to obtain entire herds of livestock and other collections of valuable animals.

Texas has an enormous cattle and livestock population. Texas also has an enormous “animal enterprise” base. Livestock enterprises, as well as other animal “enterprises”, contribute a very significant portion to the economy of the state and to the “Tax Base”. Eliminating entire herds of livestock, or other collections of animals, which are the substance of animal “enterprises” or “businesses”, significantly reduces the “Tax Base”, and thereby causes “YOUR” tax rates to inflate just to maintain the functioning of government and government services to the citizens, at the same level.

As “your” taxes increase, “YOUR” wealth diminishes

. All of the activities of “private citizens” operating under the guise of non-profit animal “rescue” are being “Subsidized” and “Paid For” by “YOU” – the TAXPAYER…. the cost is staggering.

There are a few definitions you need to know:

Animal Rescue = “private citizens” who have obtained permission to operate “Tax-Free” from the State of Texas, and in most cases, permission to operate “Tax-Free” under Federal 501(c)(3) non-profit status. These “private citizens” do NOT have ANY legal “official” law enforcement or investigative power or authority.

This definition applies to national as well as state and local groups.

AETA = Animal Enterprises Terrorism Act: Federal Law enacted to protect “animal enterprises” from attack and destruction by animal rights activists, and others. The AETA provides serious criminal penalty for violators, however, there exists an “implied right of action” for private citizens to bring civil actions under the AETA against those who have destroyed their animal enterprise.

Animal Enterprise = A business whose main activity is centered around activities such as raising, selling, exhibiting, or using animals.

ASPCA: American Society for the Prevention of Cruelty to Animals. A group of “private citizens” who have obtained 501(c)(3) non-profit status.

In December 2012, ASPCA paid Feld Entertainment, owner of Ringling Bros., Barnum & Bailey Circus, $9.3 million dollars to evade going to trial for RICO violations

HSUS: Humane Society of the United States. Consists of a group of “private citizens” who have obtained 501(c)(3) non-profit status. CNN reports HSUS is currently under investigation by U.S. Attorney General for RICO violations. HSUS and/or its subsidiaries such as FFA(Fund For Animals) and Black Beauty Ranch are currently defendants for RICO violations in Federal lawsuits.

PETA: People for the Ethical Treatment of Animals. Consists of a group of “private citizens” who have obtained 501(c)(3) non-profit status. PETA fought hard against the re-institution of the right to appeal the wrongful “taking” of animals back into the language of Texas Health & Safety Code, Section 821. From 2003 until September of 2009, the right to appeal any wrongful taking of animals was removed from the Texas Health & Safety Code § 821.021 et seq. Former Texas State Representative Mark Homer championed the amendment to re-instate the right to appeal. Homer’s office stated that the majority of the opposition came from PETA and other animal “rescue” organizations. The big question is: WHY would people who claim to be benevolent “rescuers” want to deny a longstanding animal owner the “right” to appeal a wrongful and unconstitutional “taking” of their animals? Answer: BIG MONEY.

RICO = Racketeering Influenced and Corrupt Organizations : Encompasses many violations of law. Originally instituted to combat crime influenced by Mafia organizations. Recently, animal rescue/welfare organizations such as HSUS are under Federal investigation for RICO violations, and SPCA is under U.S. Senate Committee investigation for their funding practices. HSUS, ASPCA, and other animal rescue/welfare groups are named as defendants in Federal lawsuits for RICO violations.

SPCA: Society for the Prevention of Cruelty to Animals. Consists of a group of “private citizens” who have obtained 501(c)(3) non-profit status. CNN reports SPCA is currently under U.S. Senate Committee investigation for their funding practices and relationship to Quadriga Art.

TEXAS HEALTH & SAFETY CODE § 821.021 et seq. =the Texas Animal Cruelty statute, which contains serious flaws in the language of the law which have allowed the wrongful, and unconstitutional “taking” of entire herds of animals from long standing animal owners. To prevent further decimation of the “Tax Base”, the destruction of entire “herds” of livestock and other collections of animals, and the absolute ruin of longstanding livestock and animal owners, this § 821 “Code” must be repealed, at least until the language of the law can be amended to provide exact and specific direction to law enforcement, judges, and the courts, to stop the wrongful “taking”. The language of the entire § 821 code is very specific to refer to “an animal” and “ the animal” and makes NO directives to allow for the “taking” of any “herds” of animals, or any other multiples of animals. Even though the language of § 821 is very specific to a “single” animal, this law is being severely misapplied by layman non-lawyer Justices of The Peace, who are issuing outlawed and prohibited “general warrants” to “take” entire herds of livestock, and other collections of animals, from their longstanding owners. These laymen, non-lawyers are then simply “giving” these entire herds and collections of animals to “private citizens” masquerading as animal “rescuers” in ten days or less of being wrongfully  taken from their owners. No governmental interest is shown in any of these cases. The Taxpayers are being used to “subsidize” all the costs of these wrongful “takings.”

The Problem, continued….

By law, livestock, and animals in general, are considered to be the “personal property” of their owners.

1 You may consider your family dog, horse, or cat as a “member of the family”, and not “personal property”, but by law, they are in fact “personal property.” This is a very significant point to remember as your read on. If the government – law enforcement, district and county attorneys, and judges – can “take” “animals” which are considered, your “property”, as a matter of law, without any consideration of your GOD given rights which are protected and guaranteed by the United States Constitution, as well as the Texas Constitution, then what “property” will they “take” NEXT??

Entire herds of livestock and other collections of animals, along with other items of personal property are literally being “stolen” from longstanding owners in government sanctioned “raids”, and then simply “given”

1 One case which shows that “animals” are “property” is Louisville Kennel Club vs. Jefferson County Metro, Dist. Court, WD Kentucky 2009, Civ. Action No. 3.07-CV-230-S: Federal Court ruling = “animals are property” and the government cannot seize the property (animals) of the owner and force them to pay a caretakers fee and/or kill them because they [the government] must be able to return the property in the same condition as they seized it if the accused is found “not guilty” to “private citizens” masquerading as animal “rescuers” under the banner of 501(c)(3) non-profit organizations. Within ten days, or less, of being literally “stolen” from their longstanding owners by a “government” sanctioned “raid”, entire herds of livestock, or other collections of animals, are being taken OUT of the “Tax Base” and put into “non-profit” status, never to be part of the “Tax Base” again. All of this “taking” is being “subsidized” by “YOU” – the Taxpayer.

No significant governmental interest has been shown in any of the cases, meaning the government receives NOTHING in any of these cases, except to burden the Taxpayers with the cost of all the law enforcement, courtrooms, district or county attorneys, jails, judges, support staff, equipment, vehicles, computers, paper, pens, paperclips, desks or anything else used in the process to “take” animals from their longstanding owners and criminalize these owners… the cost to “YOU” – the Taxpayer – is staggering, and the costs will be shown in a future email. Remember, “your” ELECTED “officials” such as your “Sheriff”, your “Chief of police”, your County and District Attorney, and your Judges are putting the burden of the costs of ALL these wrongful “takings” of entire herds of livestock and other collections of animals on “YOU”, the “TAXPAYER” – their “constituents.

The ONLY people or entities who are “benefiting” from these literal “Taxpayer” subsidized “RAIDS” are “private citizens” who are masquerading as animal “rescuers.” Remember, all that is said here is well documented.

The “private citizens” operating under the guise of animal “rescue” have NO “official” authority, yet they  routinely impersonate “investigators” or “officers” and file falsified complaints with law enforcement to instigate “raids”. A very important point to remember is that these “private citizens” produce NOTHING from which they can obtain an income to operate their organization, such as a product to sell or a service for which they are paid. The ONLY way these “private citizens” can obtain money from which to operate is by obtaining animals – their product – from longstanding animal owners, all subsidized by “YOU” – the Taxpayer. Once these “private citizens” masquerading as animal “rescuers” obtain possession of the animals, they then sell them under the guise of “adoption fees”, sell privately to buyers, sell to slaughter for quick cash, or use the animals to evoke emotionally driven donations from the public. Obtaining large numbers of animals from their “raids” gives these “private citizens” a base from which to obtain “Grant” money. All of this is “subsidized” by “YOU” – the Taxpayer. These “private citizens” can not function without the assistance of “YOU” – the Taxpayer.

These “private citizens” plant and manufacture evidence against longstanding animal owners. These “private citizens” provide falsified testimony – recorded in official court transcripts – to criminalize longstanding animals owners. These “private citizens” routinely “criminally trespass” onto private property to participate in “raids” with NO court permission to do so.

These “private citizens” call themselves animal “rescuers”, but documentation from case after case shows that animals are seriously injured, maimed, and killed at the hands of these so called “rescuers.” These “private citizens” often promote their “organization” through websites which show a flowery and caring demeanor, yet most of the animals which they obtain from longstanding owners suffer tremendous stress and serious injury, or are killed. IF you donate to these “private citizens” because you “love” animals and want to help the animals, you are well advised to think again. You are seriously cautioned to make sure you truly KNOW that any of these groups of “private citizens” calling themselves animal “rescuers”, which you support, are actually benevolent and have ONLY the true welfare of animals as their main objective. The more you know the truth about today’s animal rescue “groups”, the more you will support ONLY local shelters which operate ONLY for YOUR local community, and have no ties outside of your local community.

What is being done to longstanding livestock, animal, and property owners in Texas resonates the same practices of Germany in the 1940’s. If you are not aware of it, Hitler gained initial popularity using the very emotionally charged subject of “animal welfare”. As you continue reading, each time you see the word “animal” you are asked to think “Property.” This will help you to grasp the enormity of the problem and the heinousness of the crimes being committed against longstanding animal owners – “property” owners. The problem or “scheme” being used against animal owners is originating at the National level, being funneled down to the state level, and ravaging “property” owners at the local community level – all under the guise of “law”, and all being subsidized by millions of “YOUR” Taxpayer dollars.

And, to add to the problem, there are “posers” or “deceivers” among us. Some of the Republican “officials” and leaders who are receiving this email have already shown, by their actions and silence, they support this government sanctioned “taking”, which equates to their support for Agenda 21, in complete opposition of the unanimous Republican resolution to expose violations against citizens. A few of these “officials” who fall into question for their silence are:

(1) Texas State Representative Bryan Hughes was presented documents almost three years ago showing an unconstitutional “general warrant” which was used to take an entire herd of horses from longstanding owners. The Fourth Amendment of the United States Constitution was created to outlaw and prohibit “general warrants” which describe no particular animal to be seized, no particular location to be searched, and provide no substantial probable cause. This “general warrant” is a violation of constitutionally protected rights, and is a serious threat to our rights of life, liberty, and property ownership. Representative Bryan Hughes was a formally educated attorney, licensed with the state of Texas, and as such has no justifiable excuses for NOT recognizing a “general warrant” and initiating a STOP to the practice of issuing “general warrants” by layman non-lawyer Justices of The Peace.

(2) Hopkins County Republican Party Chairman Donny Wisenbaker needs to answer for NOT standing up for the unconstitutional acts being committed in Hopkins County, all at Taxpayer expense. Donny Wisenbaker’s wife, Beth Wisenbaker, is Hopkins County Commissioner for Precinct 1. Beth Wisenbaker is named as a defendant in a Federal lawsuit, along with several other elected Hopkins County “officials”, for serious constitutional violations. Beth Wisenbaker is one of four Commissioners in Hopkins County who are responsible for approving contracts made with Hopkins County. On May 19, 2009, layman non-lawyer Justice of The Peace Yvonne King consummated and fulfilled a “contract” proposed and requested by Jennifer Williams, president of the non-profit entity Blue Bonnet Equine Humane Society by ordering that a herd of horses which included animals imported from Europe and Canada – worth over $1 million dollars – simply be “given” to True Blue Animal Rescue and Blue Bonnet Equine Humane Society, all at Taxpayer expense, without any proper due process of law, without a requisite jury, and without any requisite appointment of counsel. Layman non-lawyer Yvonne King issued a prohibited and outlawed “general warrant” on May 9, 2009, instigating the wrongful seizure of an entire herd of horses. Layman non-lawyer King signed her “Order” on May 20, 2009. An entire herd of horses was simply “given” to “private citizens” operating under the guise of animal “rescue” within ten days of being wrongfully taken from their farm with an outlawed and prohibited “general warrant”. This “giving” was the result of the contract Williams requested and proposed with Hopkins County in an email, stating, “we do not ask any reimbursement fromthe county as long as the horses are awarded to one of the rescues by the courts.” Williams has NO “official” authority. Williams is ONLY a “private citizen” who has obtained permission from the I.R.S. to operate “Tax-Free”. All of the “cost” of law enforcement, judges, courtrooms, law enforcement and judicial staff, vehicles, computers, paper, copy machines, phones, electricity, pens, paperclips, and even office rent, used by “officials” in “giving” the entire herd of horses, valued at over $1 million dollars, to “Williams” and her group of “private citizens” masquerading as animal “rescuers” was paid for by “YOU” – the Taxpayer.

(3) Texas State Representative Joe Strauss was informed of the intentional, criminal discharge of toxic waste onto a farm property, and asked to bring this to the attention of the House of Representatives. Specifically, Strauss was asked to consider the language of Texas Agriculture Code § 251.004, which basically states that a victim can not bring an “action” against an agricultural operator who has been operating “legally” for a year or more prior to the filing of the action. (Obviously, there needs to be a change to the language of §251.004). Hopkins County officials – Sheriff Butch Adams, County Attorney Dustanna Rabe, District Attorney Martin Braddy, County Judge Kletis Milsap, and County Commissioners including Beth Wisenbaker – all stood behind § 251.004 and refused to uphold the law and issue citation of the Rabun Dairy for their intentional, criminal discharge of hundreds of thousands of gallons of toxic bacterial waste onto a farm property, in criminal violation of at least seven sections of chapter 7 of the Texas Water Code, and in criminal violation of the United States Water Quality Act. These elected “officials” protected the “dairy” standing behind § 251.004 and refused to protect the property owner, destroying the property owners animal enterprise, destroying the property owners ability to “sell” the real property (by law the criminal discharge and subsequent poisoning of the real property and resident horses must be disclosed), and destroying the property owners life and dreams. This refusal to issue a citation against the Rabun Dairy – which would have cost “YOU”, the Taxpayer $20. or less – has ultimately cost the Taxpayers an estimated $800,000. and the costs are still climbing through the costs of Federal litigation for the violations of constitutionally protected rights. The story is shocking, and heartbreaking, that elected officials can justify this kind of blatant refusal to protect a citizen of their community, just because they have the “power” to do so, as a result of their positions. This story is being prepared for publication, and will be available in print soon.

These elected officials – who have been made aware of these situations which are destroying the lives of Texas citizens, and are violating the protections and guarantees of our precious United States Constitution, and done nothing about it – obviously need to answer for their conduct or their silence with regard to this literal abuse of “YOU” the Taxpayer, who is paying their “salaries”, perks, and pensions, and the cost of all of this. It is truly deplorable that elected officials KNOW this is going on and have done nothing to stop it.

This letter has to come to “YOU” – the Taxpayer – to expose the heinous practices and complete misapplications of the law which are being systematically employed against fellow Texans, and which could very easily be employed against “YOU”.

Since the wrongful and serious constitutional violations of these cases have started to be made public during the past year, several “elected” officials have resigned, obviously in attempts to save their “Taxpayer” paid pensions. Two of these “elected” officials include:

(1) Wood County layman non-lawyer Justice of The Peace Clarence Holmes who resigned, after issuing a “general warrant” taking 27 head of horses and 50 head of cattle from long time rancher Linda Jones, and issuing an “Order” giving” the animals to True Blue Animal Rescue of Brenham, Texas, over five and a half hours away. (EXHIBIT No. 3)

(2) Hopkins County layman non-lawyer Justice of The Peace Yvonne King who resigned, after issuing a “general warrant” taking 57 head of horses from lifelong horsewoman Carol Paselk, and issuing an Order “giving” the entire herd of horses to True Blue Animal Rescue and Blue Bonnet Equine Humane Society, both located in south Texas, over five and a half hours away. (EXHIBIT No. 4)

One other point to remember… most Texans have a love for animals. But, that “love” for animals can not be made to undermine the constitutional rights of every citizen to own and use “property.” In many cases, livestock or other animal owners face conditions beyond their control in which they must ride through a period of time where their animals are not in optimal condition. This does not make them intentional animal abusers. Other owners use and participate with their animals in sports other people do not agree with. These livestock owners have invested hundreds of thousands, or millions, of dollars to establish their herds, and spent decades taking care of their animals, and with the stroke of a pen by a layman non-lawyer Justice of The Peace – who is not formally educated in Constitutional law or constitutionally protected rights – their entire herd is simply being “given” to other “private citizens” who masquerade as animal “rescuers” under non-profit “Tax-Free” status. This information is brought to you, to inform you, and give you an “overview” of the situation. More specific information will be sent subsequent to this introductory communication. The main thing for you to seriously consider is NOT the “welfare” of animals, or if you “agree” with any practice of any particular animal owner, but to seriously consider that IF these “elected” officials can get away with taking entire herds of livestock, or other collections of animals – which are property – from their longstanding owners, then what is NEXT? And, who is NEXT?? The taking of “property” is a very serious, and ultimate threat to YOUR “Freedom.”

THE SCHEME:

“Private citizens” masquerading as animal “rescuers” have developed a very sophisticated network of nonprofit organizations, which have linked together to sustain themselves by instigating “raids” of entire herds or collections of animals, and other private property. The goal is at least four fold: (1) to obtain animals which can be quickly sold to slaughter for quick cash, or which can be sold to the public under the guise of “adoption”; (2) to obtain animals which can be used to generate emotionally driven donations from the public – “YOU” the Taxpayer – who is already unknowingly being used to “subsidize” all of this; (3) to obtain animals in such numbers as to justify receiving “GRANT” money – which is ultimately paid for by “YOU” the Taxpayer, and (4) to obtain animals to start, or add to, their own private herds or collections of animals.

Hopefully, you are beginning to see that “YOU” the Taxpayer, are being “used” at least four different ways to “subsidize” the activities of “private citizens” who have NO “official” status, other than permission to operate “Tax-Free.”

One of the most shocking abuses of these “private citizens” operating under the guise of animal “rescue” was committed by the SPCA of Dallas on June 12, 2013. With no court authorization or permission whatsoever, the SPCA of Dallas walked onto private property in Emory, TX, and within minutes literally “murdered” two female donkeys, in front of the property owner’s minor children. This “SPCA Killing Spree” was immediately documented all over the internet, exposing the practices of the SPCA, and thwarting any media attention they may have received to support solicitation of donations from “YOU” – the Taxpayer. Photos show that there was no reason for the SPCA of Dallas to “murder” these donkeys. NO Veterinary evaluation was done of these donkey before a lowly “tech” simply murdered the two female donkeys in front of the property owners minor children.

Click here to read more about the “SPCA Killing Spree.” Also found in EXHIBIT No. 5, below.

How are they accomplishing all this wrongful “taking” of animals? Layman non-lawyer Justices of The Peace are routinely issuing “general warrants”, to seize animals. “General Warrants” have been outlawed and prohibited for over two hundred years by the Fourth Amendment of the United States Constitution.

The Fourth Amendment provides:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,and the persons or things to be seized.”

The purpose of these clear and precise words was to guarantee to the people of this Nation that they should forever be secure from the general searches and unrestrained seizures that had been a hated hallmark of colonial rule under the notorious writs of assistance of the British Crown. See Stanford v. Texas , 379 U.S. 476, 481 (1965) .

This most basic of Fourth Amendment guarantees is being completely defeated in these cases. The “Warrant” documents authorize a “general search” of an animal owner’s entire property and “unrestrained seizure” of all the animals The “Warrant” documents are routinely commanding law enforcement to seize “All Animals, Alive, Dead, And Unborn”, or any other similar generic term, which obviously does NOT “particularly” describe any “particular” animal.

“A fundamental purpose of the Fourth Amendment is to safeguard individuals from unreasonable government invasions of legitimate privacy interests, and not simply those interests found inside the four walls of the home.”

Wolf v. Colorado , 338 U. S. 25, 27 (1949).

“A warrant must describe the specific place to be searched and person or things to be seized ‘with particularity sufficient to prevent ‘a general, exploratory rummaging in a person’s elongings.'”

United States v. Rude , 88 F.3d 1538, 1551 (9th Cir.1996) (quoting Coolidge v. New Hampshire , 403 U.S. 443, 467, 91 S.Ct. 2022, 2038-39, 29 L.Ed.2d 564 (1971)); see also Andresen v. Maryland , 427 U.S. 463, 480, 96 S.Ct. 2737, 2748, 49 L.Ed.2d 627 (1976).

The language of the Texas Animal Cruelty statute, Texas Health & Safety Code § 821.021 et seq., specifies ONLY “an animal” or “the animal”, and makes no provision for issuing warrants to seize entire herds of animals.

Texas Health & Safety Code § 821.022(a) states:

If a peace officer or an officer who has responsibility for animal control in a county or municipality has reason to believe that an animal has been or is being cruelly treated, the officer may apply to a justice court or magistrate in the county or to a municipal court in the municipality in which the animal is located for a warrant to seize the animal.”

The codified “law” is very clear that a warrant may be issued to seize ONLY “ the animal.” In complete disregard for this very specific language of the “law”, layman non-lawyer Justices of the Peace are routinely issuing constitutionally prohibited and outlawed “General Warrants” for the seizure of entire herds of animals, all being accomplished with “YOU” – the Taxpayer – footing the bill.

The ramifications should be clear to those who are awake and functioning. If these “general warrants” are allowed to continue to “take” personal property in the form of “animals” from longstanding owners, then the protections and guarantees of the Fourth Amendment, and Article 1, Section 9 of the Texas Constitution become moot, and these “general warrants” will once again become common place, as they were in British ruled Colonial America. Because a “general warrant” allows for the search and seizure of “anything”, if these “general warrants” are allowed to get a foothold, then “YOU” the Taxpayer become a “target” if you have anything of value that anyone else wants.

Owner after owner is losing their “animal enterprise” at the stroke of a pen by a layman non-lawyer Justice of The Peace, who has no “legal” authority or jurisdiction to do so, and who is NOT formally educated and trained in Constitutional law and constitutionally protected rights.

The Justices of the Supreme Court of Texas echo that same sentiment in their 2012 Opinion in the City of Dallas v. Heather Stewart case.

On January 27, 2012, the Supreme Court of Texas handed down an Opinion in the City of Dallas v. Heather Stewart , 361 S.W.3 rd 562 (2012) in which the Supreme Court Justices state, “…We do not believe, however, that this matter of constitutional right may finally rest with a panel of citizens untrained in constitutional law.”(top of pg. 10) This recent and now well known “Heather Stewart” case involved a panel of laymen, non-lawyers “taking” real property from Heather Stewart. The Texas Supreme Court shows that final decisions in matters of Constitutional Law and citizens rights protected by the Constitution can not rest in decisions made by laymen, non-lawyers who have no training or experience in matters involving decisions in constitutional law.

This 2012 Supreme Court Opinion clearly nullifies any perception that a layman non-lawyer Justice of The Peace can make any decisions to “take” property – animals – from an owner.

The Supreme Court of Texas ruled that a panel of layman nonlawyers have NO jurisdiction to “take” real property from Heather Stewart, thus layman non-lawyer Justices of The Peace have NO jurisdiction to “take” personal property – animals – from longstanding owners.

Clearly the practice of layman non-lawyer Justices of The Peace of “ordering” entire herds of horses, livestock, and other collections of animals – personal property – be “taken” from longstanding owners and simply “given” to private citizens masquerading as animal “rescuers” is unconstitutional, and clearly shows that layman non-lawyer Justices of The Peace are not an effective bulwark against constitutional violations.

Truth be told, the Justice of The Peace Courts are one of the biggest perpetrators of “constitutional violations.”

The Justice of The Peace Courts are a “court of no record”, therefore, in most cases, the ONLY legal document which exists in any issue brought before the “justice court” is an entry in a “Docket Book.” This means that there is no requirement for, and virtually NO record of a Justice of The Peace “taking” an “entire herd” of animals from a longstanding owner. Layman non-lawyer Justices of The Peace are issuing “General Warrants”, and then presiding over a trial alleging animal cruelty against a longstanding animal owner, and then “finding” the owner guilty of animal cruelty, and then issuing an “Order” giving an entire herd or collection of animals to “private citizens” operating under the guise of animal “rescuers” with NO legal or official authority except permission to operate “Tax-Free.” In all of this, there is NO permanent record, except an entry (if any) on a Docket Sheet or in a Docket Book.

Isn’t there something very wrong with this picture? Do any of you Taxpayers have a problem with this? If you think you have rights to protect you against this kind of action, think again! If you own livestock or any other collection of animals, until the animal cruelty laws are repealed in Texas, watch your back – you could be next! If you have an old animal that you are letting live out its natural life, think again. You become a prime target for “private citizens” operating under the guise of animal rescue, especially if you have a herd of valuable animals! Remember, the ONLY entities or persons who BENEFIT from “taking” entire herds of livestock or other collections of animals are the “private citizens” who are masquerading as animal “rescuers.” Is it time to demand the repeal of the Animal Cruelty statues in Texas? Most Taxpayers say: “Yes.”

“YOU” are being used to finance all of this wrongful “taking”. Isn’t it time to reconsider this “practice”?

Are you more interested in using “YOUR” Taxpayer dollars to support “private citizens” who are operating a scheme under the guise of animal “rescue”, or to support a better education for “YOUR” children, or provide food and shelter for “HUMAN BEINGS”, so they don’t have to “steal” from you to feed themselves??

Contact “your” State Representatives and Senators and tell them that this practice MUST immediately stop, and that the Animal Cruelty statutes found in Texas Health & Safety Code § 821 must be repealed or at the very least, repealed until the language is changed to ensure that “YOU” the Taxpayer are not abused with the costs of “giving” entire herds and collections of animals to “private citizens” operating under the guise of animal “rescue.”

The Animal Cruelty law for the state of Texas is contained in the Texas Health & Safety Code, Section 821, and the punishments are codified in Texas Penal Code, Section 42.09. Texas Health & Safety Code §821.021 et seq., seems fairly self explanatory in a quick read, but once a full comprehension is considered, the loopholes which are being manipulated by these “private citizens” masquerading as animal “rescuers” become glaring. Read these codes and you will see one great “glaring” fact… the language of these entire codes is very specific to “an animal” and “the animal”… there is NOTHING in these Codes which allows for, directs, or even suggests the taking of an “entire herd” of livestock, or other collection of animals. There is nothing in the language of these Codes which directs the “taking” of a longstanding animal owner’s entire livelihood. There is nothing in the language of these Codes which directs the “taking” of millions of dollars worth of “personal property” and then in less than ten days “giving” that millions of dollars worth of “personal property” to “private citizens” operating “Tax-Free” under the guise of animal “rescue.”

Animals are “Property” and as such, the penalties for allegations of animal cruelty – which are currently considered to be criminal “Class A” and “State Jail Felony” offenses – would most appropriately be listed under Texas Code of Criminal Procedure, Title 7 – Offenses Against Property. But, it is quite significant that the penalties for allegations of animal cruelty are listed under Texas Penal Code, Title 9 – which codifies penalties for “Offenses Against Public Order and Decency”. This is significant, because “private citizens” masquerading as animal “rescuers” have already forced legislators in several states to create language which makes an animal owner ONLY a “guardian” of that animal. Animals are “Property” – so how can ANY “owner” be ONLY a “guardian” of his or her “owned” property – an animal? Simply put, IF the offense of animal cruelty was properly listed under Title 7 – Offenses Against Property, then it would be much harder for these “private citizens” masquerading as animal “rescuers” to prove violations against “property” to any courts.

Because the offenses have been wrongly listed under Title 9 – Offenses Against Public Order and Decency”, it is much easier for these “private citizens” to manufacture evidence to prove violations to ELECTED layman non-lawyer judges who do NOT read, or even know, the language of the law. It is common for these “private citizens” to refer to animals as “those poor babies”, or other references to “children”, thereby evoking emotional responses from juries and judges. The common practice of these so called animal “rescuers” is to use child protection law and/or child protection language to cause courts to “give” them a longstanding animal owner’s entire herd of livestock or other collection of animals. This practice of comparing animals with children, and ascribing “rights” to animals must stop – unless “YOU”, the Taxpayer, are not concerned that “YOUR” property rights are being insidiously stripped away, first under the guise of animal “rescue” or animal “welfare.” If you think that animals should be referred to in court, as “babies” or by other child protective terms, then think again. Do you eat hamburgers? Do you enjoy a nice steak? Do you eat chicken or pork or fish? Then how can you support the affirmation of courts of the use of terms like “poor babies” or other child protective terms? The implementation and prolific use of these types of terms is part of the “agenda” of the “private citizens” operating under the guise of animal “rescue” to “take” entire herds of livestock and other collections of animals from their longstanding owners.

The recommendation to “YOU” the Taxpayer, and to all elected officials and legislators, is that Texas Health & Safety Code, Section 821 (§ 821.021 et seq.) be immediately completely repealed to STOP all the wrongful taking of entire herds of livestock and collections of animals from longstanding owners, and to STOP the incredible abuse of millions of “YOUR” Taxpayer dollars, which are being used just so “private citizens” can obtain “personal property” (animals) which they can then sell or use to derive donations and grant money to keep operating. Historically, the ONLY opposition to any legislative changes in the animal cruelty laws has come from “private citizens” operating under the guise of animal “rescue”, such as PETA, HSUS, and other groups whose main objective is to “take” animals from their longstanding owners. The FACT that all of their “activity” is being paid for by “YOU” the Taxpayer is never spoken about, but it is time that “YOU” the Taxpayer be made aware. The cost to “YOU” is absolutely staggering, if you begin to add the costs of individual cases together, and then add the donation monies and grant monies that these “private citizens” are extracting from the economy for their own benefit. And, this cost is being put on “YOUR” shoulders by your “ELECTED” officials – your State Senator, your State Representative, your Sheriff, your Chief of Police, your County and District Attorney, and your Judges. Maybe you ought to think about “ousting” the whole bunch, especially in counties which have been involved in these wrongful, unconstitutional “takings.” If you don’t move them out of office, they just might use their “power” against you, your family, or your friends, NEXT.

However unpalatable the issue of intentional animal cruelty is, and however much you would like to “save” animals, or prevent what you may consider cruelty, the great question that MUST be asked is: “Since when did it become the “DUTY” of the government to sanction the taking of “private property”(animals) from their longstanding owners, and simply “give” that “private property” to “private citizens” who have obtained permission to operate “Tax-Free”, ALL at the expense of “YOU” the unknowing “Taxpayer”? Hopefully you see there is something very wrong with this picture? Are you willing to let “private citizens” continue to “use” millions of “YOUR” hard earned Tax Dollars to subsidize the literal theft of millions of dollars worth of “personal property” from fellow Texans? IF they can take your personal property – “animals” – under the guise of “rescue”, then what will be the NEXT thing they take from “YOU”… at “YOUR” expense?? The Texas Animal Cruelty statutes § 821 and § 42.09 must be repealed to stop all of this wrongful “taking” and completely uncalled for abuse of “Taxpayer” dollars. Then, IF the Taxpayers want to support the costs of “protecting” personal property, in the form of animals, then the language of the animal cruelty statutes MUST be completely revamped to give very specific and exact direction to law enforcement and judges to once and for all HALT the egregious violations of GOD given rights protected and guaranteed by the United States Constitution and the Texas Constitution. In a future communication, the establishment of the animal cruelty statutes in Texas will be shown, and “who” is responsible for the language and directives as they are written today. The story is a duping of the citizens and Taxpayers of Texas, to implement the “scheme” being used today.

The “scheme” being used by “private citizens” masquerading as animal “rescuers” has been many years in perfecting, and as insidious and creeping as its tentacles are, it has taken years to connect all the dots and fully understand the “scheme” and to uncover just what has been going on, especially when these “private citizens” have perfected the “masks” they wear to convince the unknowing public they are “benevolent.” To make it even more difficult to “expose” the “scheme”, the “news” media has found a huge “profit” in publishing and broadcasting stories about “animal cruelty.” Animal stories, especially animal cruelty stories, have very high ratings within the news media. Media personnel routinely “criminally trespasses” onto animal owner’s private property without any court ordered authorization, and commit “criminal theft” of images – defined by the U.S. Supreme Court as “private property”. The news media then uses this “stolen” property to publish or broadcast misinformation about animal owners to the public, and soliciting donations for the “private citizens” operating as animal “rescuers” – thereby committing “fraud on the public.” The news media unashamedly publishes and broadcasts complete untruths, falsified information, and defamatory falsehoods about animal owners, often backed up by images of animals that were NOT even taken from the animal owner. ANIMAL RESCUE IS BIG BUSINESS! And, it is all being accomplished at the expense of “Taxpayers” just like you.

What must be remembered is that news people do not stand in any favored position with respect to news gathering activity. The United States Supreme Court has repeatedly held that the First Amendment right to speak and publish does not carry with it the unrestrained right to gather information. News people have no special First Amendment immunity or special privilege to invade the rights and liberties of others (see Branzburg v Hayes, 408 US 665; Pell v Procunier, 417 US 817; Houchins v KQED , 438 US 1; Zemel v Rusk , 381 US 1; Lewis, A Preferred Position for Journalism?, Hofstra L Rev 595; Note, The Rights of the Public and the Press to Gather Information, Harv L Rev 1505; First Amendment as Immunizing Newsman from Liability for Tortious Conduct while Gathering News, Ann. 28 ALR Fed 904).”

“As observed by the Second Circuit in Galella v Onassis (487 F.2d 986, 995-996): “Crimes and torts committed in news gathering are not protected… There is no threat to a free press in requiring its agents to act within the law.” (See, also, Le Mistral, Inc. v Columbia Broadcasting System, 61 AD2d 491, app dsmd 46 N.Y.2d 940.)”

“The communications media are entitled to act on the assumption that public officials and public figures have voluntarily exposed themselves to increased risk of injury from defamatory falsehood concerning them. No such assumption is justified with respect to a private individual. He has not accepted public office or assumed an “influential role in ordering society.”

Curtis Publishing Co. v. Butts, 388 U. S., at 164 (Warren, C. J., concurring in result). He has relinquished no part of his interest in the protection of his own good name, and consequently he has a more compelling call on the courts for redress of injury inflicted by defamatory falsehood. Thus, private individuals are not only more vulnerable to injury than public officials and public figures; they are also more deserving of recovery. …liability may far exceed compensation for any actual injury to the plaintiff, for the jury may be permitted to presume damages without proof of loss and even to award punitive damages.”

Gertz v. Robert Welch, Inc ., 418 US 323, Supreme Court (1974).

News media personnel routinely criminally trespass onto private farm property with NO “official right”, and remove images without permission or official right, thereby committing criminal theft of property and “converting” the longstanding livestock or animal owner’s private property to their own profit and gain, which is an offense. “Defendants had no greater right than that of a thief to be in the home, to “capture” the scene of the search on film and to remove the photographic record. The images, though created by the camera, are a part of the household; they could not be removed without permission or official right.”

Ayeni v. CBS, Inc. , 848 F.Supp. 362(1994)

You, as a Taxpayer, are unknowingly being used to “ subsidize” literal government sanctioned horse and animal theft all over the state of Texas. There is a great problem with the animal cruelty laws, which have been, and are being, mis-used to “take” entire herds of livestock and other collections of animals from their long standing owners. Millions and millions of Taxpayer dollars have been – and are being – used to simply “give” millions and millions of dollars worth of “private property” to “private citizens” masquerading as animal “rescuers.” The stories are shocking, when you know the real TRUTH.

FACTS ABOUT ANIMAL “RESCUERS”:

If you support or are involved with “animal rescue” you may or may not know what is really going on. If you are ignorant of the real truth, this information will enlighten you. If you know the truth, and have not done anything to STOP the unconscionable practice being employed by “private citizens” operating under the guise of animal rescue, law enforcement, layman non-lawyer Justices of The Peace, and local “officials”, you are nothing more than a “sheep in wolves clothing” and in due time, you will be exposed. Victims of this unconscionable “taking” of their entire herd of livestock, and victims of RICO and AETA violations, along with Taxpayers who finally “get it”, have had enough!

(1) Prior to the last two to three decades, traditional “animal rescue” was supported by the “local” community. Traditional “animal rescue” was comprised of some type of local community shelter, which was usually staffed by one or two paid personnel, and a group of local community volunteers. The scope of traditional local community animal rescue was limited to helping animals and their owners from the local community. The “shelters” received animals from “owner surrenders”, local law enforcement, and strays. Traditional “local” animal rescue shelters or groups did NOT engage in instigating “raids” and “seizures” of animals. Traditional animal rescue shelters or groups did NOT participate in “seizures” of animals.

Traditional community animal rescue was passive, benevolent, and operated through local funding and donations from the local citizenry.

(2) Over the past two to three decades, a “new” breed of “animal rescue” has emerged. Very aggressive “Mega” organizations have risen up boasting hundreds and thousands of members. Each day, more and more documented information is being pieced together, showing that “animal rescue” is now very BIG BUSINESS for those groups of “private citizens” who participate with these “mega” organizations.

(3) Individual Members of these “mega” organizations either obtain their own “non-profit” status, or operate under the umbrella of the organization which they are a member of. As a “member”, these “private citizens” participate in the “raids” of entire herds of livestock or other collections of animals. Documentation has shown that these “members” routinely discuss “who” will get “what” out of a “raid.” These “members” criminally trespass onto an animal owners private property, under the guise that they are participating in the “seizure” of the animals, yet they have NO court ordered permission to participate or enter the animal owner’s private property. These “members” commit criminal theft of the animals, under the “guise” they are participating in the “seizure” of the animals, yet they have NO court ordered permission to participate or to “take” any animals from the animal owners private property. These “members” routinely commit criminal theft of the animals, under the guise they are participating in the “seizure”, by transporting the animals OUTSIDE of the county limits, with NO court ordered permission to do so. These “members” routinely take” animals from a “seizure” that they want, and cart the animal off to their “own” farm, often five or six hours away. “Members” of these groups develop their own “herds” from the animals they “take” from longstanding livestock and animal owners. Most importantly, these “members” then operate their “herds” under “Tax-Free” status, thereby obtaining feed and services “Tax-Free”. This is another point of “decimating” the Tax Base, which “YOU” the Taxpayer are funding.

NOTE: There are still “traditional” local community oriented animal “rescue” service groups operating in their local communities, but they are far and few between, and usually are NOT heard of through the news media. These “traditional” community animal “rescue” services do NOT conform to any of the “mega” or “national” groups; they are not affiliates of the “mega” or “national” groups; and they rarely “solicit” through the media for donations. These local community groups charge a “standard” adoption fee for ALL animals they have in their care. These local community groups are operating with true benevolence for their “local” community. The information presented in this email is in no way intended to disrupt or demonize these small local “community” groups who are truly providing a benevolent “service” to their community animals and animal owners. These small “local” community groups need all our support, for they are doing a great job and they are providing help and service. More and more information is coming to light which clearly shows that these small “local” community “animal rescue” groups are themselves coming under attack by the “Mega” groups, who are routinely attempting to “cannibalize” these smaller local groups, such that many of the small local community animal shelters are being forced out of existence. The “mega” groups clearly have a completely different “agenda” from the small “local” community shelters, which can be easily summed up as – “MONEY” and the intentional divesting of Citizens of their “Property.”

(3) A very important fact which must remain in the forefront of your mind, is that “animal rescuers” are simply “private citizens” who have obtained permission from both the state and the I.R.S. to operate “TAXFREE.”

From the national level HSUS, ASPCA, SPCA, to statewide organizations, ALL these 501(c)(3) non-profit groups of “private citizens” have NO “official” authority or “official” investigative owner,  other than permission to operate “Tax-Free.” They are simply “private citizens” masquerading as animal “rescuers.” The term “masquerading” is used, because documentation clearly shows that the animals which they “obtain” from longstanding animal owners – at Taxpayer expense – are subjected to untold cruelty with many being seriously injured, seriously maimed, and killed – or literally “murdered – by these “private citizens” who are claiming to be “rescuers.” It is VERY fundamental to remember that these “rescue” organizations – from the national level to the local community level – are simply “memberships” of “private citizens”. Their official capacity is no greater than that of entities like the “Elks”, the “Rotary”, a “church” or any other “group” of “private citizens.”

(3) Documentation, transcripts from sworn court testimony, and eye-witness accounts, clearly show that the new “Mega” animal rescue groups have developed a national network which uses a very sophisticated “scheme” to “take” animals from their owners, all at Taxpayer expense, which is fast becoming documented as nothing less than “racketeering activity”. Melanie DeAeth, president of True Blue Animal Rescue, admitted in sworn court testimony during an appeal against her wrongful taking of an entire herd of horses and an entire herd of cattle from Linda Jones, in Wood County, that her organization has more than eight hundred members. These groups often use photos purchased from “stock” photo galleries and plant skulls and bones on an animal owner’s private property(which they later retrieve) manufacturing evidence to criminalize longstanding livestock and animal owners. Documentation show that these groups “strategize” for long periods of time – from weeks, to months, and even years – targeting particular animal owners, lining up funding, transportation, locations to keep the animals, and when all is in place, they initiate a “raid” through local law enforcement, and are supported by layman non-lawyer Justices of The Peace, who have no “legal” jurisdiction. The “scheme” employed by these groups can only be described as a network of organized crime, with the intent to divest longstanding owners of entire herds of livestock and other collections of animals.

(4) The National level organizations are all facing investigation for some type of Federal RICO violations (Racketeering Influenced and Corrupt Organizations). CNN has reported that HSUS is under investigation for RICO violations by the U.S. Attorney General; HSUS is a defendant for RICO violations in the Federal cases including the Federal Feld Entertainment case. Feld Entertainment owns Ringling Bros. Barnum and Bailey Circus.

ASPCA paid Feld Entertainment $9.3 million last December to evade going to trial for RICO violations.

SPCA is under U.S. Senate Committee investigation of their funding practices and their relationship to Quadriga Art. All of the “Mega” animal rescue organizations are affiliated with these national level organizations.

(5) Animal owners who have been literally destroyed by these “private citizens” operating under the guise of animal rescue, have been fighting state level battles for recompense of the complete violations of their Constitutional rights. Several cases have been filed in Federal District court, and many more are preparing to file in Federal District Court. This is ALL being paid for by “YOU” the Taxpayers – your “Tax Dollars” are paying for the courts, judges, court staff, officials who are being sued, and settlements paid to animal owners who are successful. Does anyone think it is time for this squandering of valuable “TAXPAYER” dollars on the abuse of animals and their owners needs to be stopped?

(6) In all cases of so called “animal rescue”, these “private citizens” criminally trespass onto the animal owner’s private property – they have no court order giving them “legal” permission to participate in the seizure. Once on an animal owner’s private property, they commit the criminal THEFT of animals – they have no court order giving them “legal” permission to “take” any animals from the private property, These “private citizens” then criminally transport the animals outside of the county – with no court order giving them “legal” permission to take the animals outside of the county, in violation of Texas Code of Criminal Procedure § 18.10.

(7) In most of the “animal rescue” cases, law enforcement trespasses upon private property armed with a completely invalid “general warrant” which has been outlawed and prohibited by the Fourth Amendment for over two hundred years, or with NO warrant at all. These “general warrants” do not “particularly describe” any particular animal, they do not “particularly describe” any particular location or place to be searched, and they do not provide substantial probable cause, all in violation of the Fourth Amendment, and Article 1 Section 9 of the Texas Constitution. These “general warrants” command law enforcement to seize “All Animals, Alive, Dead, And Unborn”, or use other unspecific terms. These “general warrants” are issued by layman non-laywer Justices of The Peace who have NO “legal” jurisdiction to issue ANY “seizure” warrant in the state of Texas.

(8) In ten days or less, layman non-lawyer Justices of The Peace are issuing “Orders” giving entire herds of livestock or other collections of animals to the “private citizens” masquerading as animal rescue groups such as of Humane Society of Marion County (which is a private entity and is NOT a county supported organization), Humane Society of North Texas (which is a private entity and is NOT a county or state supported organization), SPCA of Dallas (which is a private entity and is NOT a county or state supported organization, True Blue Animal Rescue, Black Beauty Ranch (the largest holding facility for HSUS), Blue Bonnet Equine Humane Society, Fund For Animals, Habitat For Horses. Other groups such as the Arabian Horse Rehoming Group have partnered with groups such as True Blue Animal Rescue, and Blue Bonnet Equine Humane Society. All of these groups are affiliated with HSUS, ASPCA, SPCA, or other national groups. All of these groups are comprised of members from across the state, as well as inter-state. These are NOT small local community groups providing services to their local community. All of these groups use the news media and the internet to publish falsified stories to solicit emotionally driven donations from “YOU” -the Taxpayer. And, they obtain the “animals” from their longstanding owners, ALL “SUBSIDIZED” by “YOU” – the Taxpayer.

(9) All of these “takings” are being done under the guise of law, codified in Texas Health & Safety Code § 821.021 et seq., and Texas Penal Code § 42.09. The language of both of these Code clearly give direction for ONLY “ an animal” [singular] and “the animal” [singular]. There is nothing in either Code which allows or directs the “seizure” of an entire herd of livestock or other collection of animals. The abuse, and misapplication of the law is rampant.

(10) Animal owners are facing “criminal” charges, based on invalid “general warrants” which have no power or effect. Some have been convicted and incarcerated based on these “general warrants”. Others have been victims of literal “extortion” in one form or another by District and County Attorneys. See the summaries of Actual Cases listed below.

(11) All of these “takings” are sanctioned by the government, yet in NONE of these cases is there ANY significant “governmental interest” ever shown, for the taking of the animals. The government gains NOTHING from any of these “takings.” The government benefits NOTHING from ANY of these “takings.” The animals are simply “awarded” – given – to the “private citizens” masquerading as “rescuers”, and ALL the costs are borne by “YOU” the Taxpayers. The ONLY persons or entities benefiting from “taking” animals from their longstanding owners are “private citizens” who operate under the guise of animal “rescue.” You must remember that “YOU” are the “government” – at least here in America, because the “government” is by the people, for the people.

Again, isn’t there something wrong with this picture??

The Government uses a “general warrant” which has been prohibited and outlawed by the Fourth Amendment for over two hundred years, (or no warrant at all) to conduct a literal “raid” of an animal owners private property. Law enforcement stands by, while “private citizens” commit criminal trespass onto an animal owner’s private property, roam at will, and ransack an animal owner’s private property. Law enforcement stands by, or participates, as “private citizens” operating under the guise of animal “rescue” commit criminal theft of entire herds of livestock, or other collections of animals, and transport the animals outside the county with no court ordered permission to do so, taking the animals immediately out of the jurisdiction of county law enforcement. Within ten days or less, the animal owner is brought before a simple layman non-lawyer Justice of the Peace, and – with no requisite jury or requisite appointment of counsel (as designated by the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution) and no proper due process of law – is found guilty of “criminal animal cruelty” and with the stoke of a layman non-lawyer J.P.’s pen, the entire herd of livestock, or collection of animals, are simply “given” to the “private citizens” masquerading as “rescuers.”

Is this what you call operating under the protections and guarantees of your “constitutional” rights?

(12) Once these “private citizens” obtain the animals, they embark on a media blitz designed to criminalize the animal owner in the public realm, and to force the animal owner into humiliation and complete reputation ruin, never to be heard from again. The media blitz is also carefully designed to evoke emotionally driven donations, all afforded by news media who gain and profit from the manufactured stories. These “private citizens” present “bills” for their services to the County Commissioners, for sensational amounts of money.

Veterinarians are clearly shown to be “on the take” in these cases, providing falsified documentation, and presenting outlandish bills to the County Commissioners – all documented. Once again, “YOU” the Taxpayer are being used to “subsidized” all of this. “You” the Taxpayer, are paying for the bills presented by these “private citizens” and “veterinarians” who are operating under the guise of animal “rescue.”

(13) Even though the bills submitted by these “private citizens” operating as animal “rescuers” are paid by the Counties, longstanding animal owners often face “Restitution” hearings, and are ordered to pay the outlandish bills these “private citizens” present to the Court for their costs to “criminally” steal the entire herd of livestock or other collection of animals from their owners. If the animal owner can not pay the “restitution”, the “private citizens” place a lien on their real property. Here is where “YOU” should become VERY concerned. The big question is: “How many “real” properties do these “private citizens” operating under the guise of animal “rescue” actually have “liens” on?? Not only are these “private citizens” who are masquerading as animal “rescuers” taking entire herds of livestock or other animals from longstanding owners, they are working to take “real property” as well. The ramifications are beyond comprehension, once you start to see the “scheme” and stop denying that this is really going on.

(14) There is NO accountability for any of these “private citizens” operating as animal “rescuers” once they have obtained the animals. They have NO lawful requirement to account for what they do with ANY of the animals they “take”, or more appropriately are “awarded” or “given” by layman non-lawyer Justices of The Peace. These “private citizens” can claim they have had to euthanize an animal, but there is NO accountability required to prove that an animal needed to be euthanized, or that they acutally did euthanize an animal. Horses and Cattle are prime “cash” producers through slaughter. Think about it… these “private citizens” are continuously “begging” for money through media stories and other methods. These “private citizens” are continuously publishing stories of animals that need “rehabilitation”, yet after ONLY a short period of time these animals are never heard about again, OR these same animals are used for long periods of time to evoke emotional donations. NOW, if these “private citizens” are continuously begging for money, do you really think they are going to pay $120. or more to have a horse or cow euthanized, and then pay $250. or more to have the carcass rendered or buried? Let’s see – pay out $370. or more to euthanize and dispose of a horse, versus being paid $500. or more to send the horse to slaughter… Hmmm…. which one do you think the “private citizens” posing as rescuers in one of these “Mega” groups actually choose?? A “raid” in which just ten horses are taken means at least $5,000., to a “rescue” organization, just for the sale of the animals, let alone what they receive in outlandish bills presented to the County, and “restitution” forced upon the longstanding animal owner… and REMEMBER, these “private citizens” obtained their “merchandise” all at “TAXPAYER” EXPENSE! YOU PAID FOR ALL OF THIS! The longstanding animal owner is ruined. The Taxpayer is made to pay the cost. The “rescuer” goes off to the next RAID, under the guise of animal “rescue.” Hopefully you are seeing the need for an immediate HALT to all this.

(15) One very significant point is that these “private citizens” who are operating under the guise of animal “rescue” offer animals for sale under the guise of “adoption”. Especially with the horse “rescuers”, they offer horses for sale with adoption fees ranging from “free” to $1,500. or more, depending on things such as the animal’s training level, age, abilities, and rideability. This is exactly the same way that a professional “horse trader” prices and sells horses. These “private citizens” operating under the guise of horse” rescue” are simply glorified horse traders, who have permission to operate “TAX-FREE.” Several known “killer buyers” who buy horses for slaughter have been shown to have obtained non-profit status under the guise of horse “rescue.” Is the “sham” starting to become clear?

(16) The ONLY opposition to ANY corrections in the animal cruelty statutes comes from “private citizens” operating under the guise of animal “rescue.” These “private citizens” masquerading as animal “rescuers” routinely lobby legislators in the state of Texas, as well as nationally, for laws from which they can benefit –all under the guise of protecting “animals.” These “private citizens” who are lobbying animal cruelty laws, and opposing any repeal or changes in the language of the law, are ONLY interested in making the animal cruelty statutes more oppressive to animal owners, and more financially lucrative for their members and groups. Again, the local community supported animal rescue shelters, who are not affiliated with any state or national organizations, most likely are NOT lobbying for any animal cruelty statutes which are ultimately oppressive to animal owners.

WHAT YOU CAN DO:

True local “community” animal “rescue” is one thing, as shown above…. but, the intentional “RAID” of longstanding livestock owners and owners of other collections of animals, and the intentional destruction of animal enterprises, by “private citizens” operating under the guise of animal “rescue”, MUST be stopped, and stopped immediately. The cost to “TAXPAYERS” is enormous, and growing every day, with NO governmental interest being shown or fulfilled, and NO accountability required from these so called “rescuers”.

The ONLY people or entities who benefit from ANY of this “taking” of animals are the “private citizens” who have obtained non-profit status to operate “TAX-FREE” at “YOUR” expense.

In these days of “tightening the belt” some LUXURIES must be cut… These “non-profit” mega animal “rescue” organizations are a LUXURY which us TAXPAYERS just can not continue to support – at least in the way we have been forced, unknowingly, to support them up to now. It is “nice” to take care of animals, and to “protect” animals, but, when push comes to shove, it is time to STOP this incredible “fleecing” of your fellow TEXANS!

All cases of animal cruelty are “instigated” by two “complaints” called in and filed with either the Sheriff’s office or the Police Department. When these law enforcement agencies receive two complaints for the same address, they conduct an investigation. As a Taxpayer, if you are really serious about NOT paying for anymore of this Taxpayer abuse, immediately contact your Sheriff and/or you Chief of Police and demand that they stop squandering YOUR Taxpayer dollars with these “animal abuse” cases. Then, write a letter to follow up your demand as a Taxpayer and send a copy to both your Sheriff and/or Chief of Police. These are elected officials who will take seriously your demand, especially if you put it in writing. Make a copy and send to your State Senator and State Representative, to let them know that you are serious that this abuse of Taxpayer dollars stops. YOU can STOP animal “seizures” by letting the Sheriff and Chief of Police this is NOT a practice that the Taxpayers who elect them will tolerate anymore.

Republican Senators and Republican State Representatives, as the majority in the Senate and the House, “you” MUST issue an immediate repeal of the Animal Cruelty law found in Texas Health & Safety Code, Section 821, and Texas Penal Code 42.09, to protect the citizens of Texas from the plundering of their private personal property and from the plundering of their Tax dollars. This repeal is demanded until such time that explicit directives are implemented into the language of the law, (1) which specifically guides law enforcement as to “HOW” they may properly apply for a warrant to “seize” “an animal”; (2) which specifically directs which judges may “lawfully” issue a warrant to “seize the animal” in accordance with Texas Code of Criminal Procedure, since offenses of animal cruelty are criminal “Class A” misdemeanor or criminal “State Jail Felony”; (3) which specifically designates WHICH courts are considered “courts of competent jurisdiction” and thus have the legal jurisdiction and authority to divest an owner of his property –the animal; (4) which specifically directs judges of “courts of competent” jurisdiction on how to “interpret” the LAW which “you” Legislators create. The five included EXHIBIT cases show that there is most definitely a need for revamping the statute – they are all the evidence you need to issue a repeal. The facts about the individual cases are NOT the issue – the fact that “General Warrants” have been issued in five different counties, by five different layman non-lawyer Justices of The Peace, and the fact that five entire herds or collections of animals have been simply “given” to “private citizens” masquerading as animal “rescuers”, ALL paid for by Taxpayer dollars is reason enough to IMMEDIATELY repeal § 821 and § 42.09, before any more damage can be done.

ONLY this repeal of § 821.021 et seq., and § 42.09 et seq., will prevent the continued “raiding” and literal theft of entire herds of livestock, sanctioned by the government through layman non-lawyer Justices of The Peace, who have no formal education or training in Constitutional law or constitutionally protected and guaranteed rights. The loopholes which are being misused to destroy longstanding livestock and animal owners MUST be closed, once and for all. What is truly intentional “criminal” animal abuse MUST be specifically defined, and not left up to the discretion of a layman non-lawyer Justice of The Peace, or judges who will succumb to comparing animals (property) to “children.” To “criminally” convict a longstanding livestock owner who has invested hundreds of thousands of dollars, or millions, into his herd, and who has cared for his herd for decades, of “intentional” animal abuse, based on manufactured evidence and falsified testimony, and an outlawed “general warrant”, with no proper due process of law, MUST stop. And, most importantly, the Abuse of the TAXPAYERS of the state of Texas MUST STOP. The practice of using the unknowing TAXPAYERS to subsidize the millions of dollars of costs in “giving” entire herds of animals to “private citizens” masquerading as animal “rescuers” MUST IMMEDIATELY STOP.

The ONLY opposition which will be heard in the repeal of § 821 and § 42.09 will be from those “private citizens” who masquerade as animal “rescuers” and who are the only ones benefiting from all the “taking” of entire herds of livestock and other collections of animals from their longstanding owners. You won’t hear anything from those local community groups who are NOT engaged in the “taking” of “entire herds” of livestock or entire collections of animals. These local community groups do NOT issue “Press Releases” to the media seeking solicitation of donations. These local groups do NOT engage in instigating “seizures” of entire herds of livestock or other collections of animals. These local groups do NOT falsify information and publish sensational stories to the news media and on the internet. NO, the ONLY opposition to the repeal of the animal cruelty law will be by those who are actually “ profiting” in some way from the “taking” of PROPERTY in the form of animals from their owners. It is time to STOP this “special” interest “taking” of personal property from longstanding owners, and simply “giving” this personal property to “private citizens” who have learned how to masquerade as animal “rescuers” all for their own benefit, and ALL being subsidized and funded by the “TAXPAYERS”.

Republican Texas State Senators and Republican Texas State Representatives, the Texas Constitution, Article 1, Sec. 28 SUSPENSION OF LAWS – states, “No power of suspending laws in this State shall be exercised except by the Legislature.” Since there is no other way for the Taxpayers to suspend or repeal the Animal Cruelty statutes found in Texas Health & Safety Code § 821 et seq., and Texas Penal Code §42.09 et seq., then it is quite clear that YOU all have your job cut out for you. You MUST immediately act upon this demand and repeal, suspend, or otherwise make null and void § 821 et seq., and § 42.09 et seq., until such time as the “TAXPAYERS” make it known that they WANT to pay for the protection of private “personal property” in the form of animals. YOU, Senators and Texas State Representatives have NO choice but to abide by this very serious request, unless of course you are actually a supporter of Agenda 21, and want to face finding another job at election time. To ignore this request for the immediate repeal, suspension, and making null and void of § 821 et seq., and § 42.09 et seq., will plainly show all the rest of us– the TAXPAYERS – that you are truly a “wolf in sheep’s clothing.” As the majority party in both the Texas Senate and the Texas House of Representatives, there is NO reason that you Republican Senators and Republican State Representatives can not put an immediate STOP to this literal abuse of YOUR constituents – the TAXPAYERS of the state of Texas. The operative word here is “IMMEDIATE.” And, in so doing, do NOT incorporate language in your repeal that prevents previous VICTIMS of these obviously unconstitutional laws from retroactive compensation for their losses. YOU legislators created the laws which are being used by “private citizens” to “take” entire herds of livestock and other animals from their longstanding owners. Now YOU need to fix this unconscionable mechanism which has devastated the lives countless numbers of Texas Taxpayers who have been paying your salaries.

IF you do NOT IMMEDIATELY repeal, suspend, and make null and void both § 821 et seq., and § 42.09 et seq., then YOU will be personally responsible for the enormous burden which will be put upon the TAXPAYERS of this state, and of the nation, as the VICTIMS of the misapplication of these codes seek relief, recompense, and restitution for the intentional “raiding” of their private property and entire herds of livestock or other collections of animals with outlawed and prohibited “general warrants”, or no warrants at all; the ruination of their lives and families because of “private citizens” who have learned how to manipulate law enforcement and courts; and convictions based upon inadmissible evidence, falsified testimony, and emotional responses to references of “personal property” – animals – with child protective language.

Fellow TAXPAYERS – Please contact YOUR State Representative and YOUR State Senator, and demand that they immediately work to put an immediate STOP to all this. OR, don’t do anything, and continue to pay the ever increasing “TAXPAYER” PAID costs to “give” entire herds of livestock and collections of animals to “private citizens” who have learned how to use non-profit status to their benefit. Don’t do anything, and it might be you that loses “YOUR” “personal property” NEXT.

Your State Representative and State Senator prefer “in person” contact with “YOU” – their constituent. So, if you can meet with them in person to express your concerns, please do so. The next preferred method of communication is “hand written” notes or letters expressing your concern. Take a few minutes and write out your concerns and put a stamp on it and send it. Taking a few minutes right now may protect you from losing valuable “personal property” in the days ahead.

For more information about the abuse of “Animal Owners” by “private citizens” masquerading as animal “rescuers” follow:

www.animalowners4justice.wordpress.com  or www.topcatsroar.wordpress.com

ACTUAL CASES:

The actual TRUTH about each of the five cases presented as EXHIBITS is much different than what is expressed in the “General Warrant” and “Order” in each case. You are cautioned to make no judgment as to the guilt or innocence of these longstanding animal owners, until you personally know ALL the facts, and the entire TRUTH in each case. Manufactured evidence, defamatory falsehoods, falsified evidence, conflicting statements and perjured testimony have been used against these animal owners in all these cases. Any “news” media or internet reports about these cases should be viewed for what they are – media ublication to ultimately gain profit from advertisers, readers and viewers, and solicitations of support and donations for “private citizens” operating under the guise of animal “rescue” who have obtained 282 animals from these owners, with all costs footed by “YOU” – the Taxpayer.

The following five cases show the confusion and misapplication of the animal cruelty statutes by elected officials. The five cases show five “general warrants” which have been prohibited for over two hundred years by the Fourth Amendment of the United States Constitution, and are prohibited by Article 1, Section 9 of the Texas Constitution. All of these “general warrants” purport to be issued for animal cruelty offenses.

Two of these “general warrants” are issued as “criminal warrants”, one is issued as a “civil” warrant, one is issued with NO “criminal” or “civil” designation, but referenced to §821.022, and one is issued with NOTHING at all. Obviously, there is as real “disconnect” with regard for the language of law. If these kinds of “general warrants” are NOT outlawed in the enforcement of any animal cruelty statutes, then they will soon be used in enforcement of other statutes. Obviously, this communication is long and the documents for these cases are many. The very few documents which are supplied as exhibits are not meant to give you the truth about the particulars of each of the cases, but rather to give you an idea of just WHAT has been going on – and WHAT “YOU” have been forced to pay for, as a result of “general warrants” and the wrongful orders “giving” entire herds or collections of animals to “private citizens” operating under the guise of animal rescue. It is hoped that you will read the documents – not with the intent to demonize the animal owners who have been ruined by these documents – but to see that there is a very insidious evil which is stealthily creeping its way to destroying your personal “property rights”.

In the five “exhibit” cases a total of 282 animals were simply “given”, by layman non-lawyer Justices of The Peace, to “private citizens” masquerading as animal “rescuers” within ten days or less of being wrongfully taken from their longstanding owners – ALL done at TAXPAYER expense. Over half of the animals have been literally murdered – with NO court order authorizing any killing of any animals, and NO justifiable reason for the killing of the animals. A Federal Court ruling states, “animals are property” and the government cannot seize the property (animals) of the owner and force them to pay a caretakers fee and/or kill them because they [the government] must be able to return the property in the same condition as they seized it if the accused is found “not guilty”.

Louisville Kennel Club vs. Jefferson County Metro, Dist. Court, WD Kentucky 2009, Civ. Action No. 3.07-CV-230-S. The great question here is, “HOW can the government return the animals which they lost control of and literally allowed to be murdered by “private citizens” masquerading as animal “rescuers”? Answer: They can’t.

Another very important fact, with regard to livestock, is that the Texas Animal Health Commission (TAHC) oversees the raising of livestock in the state of Texas. TAHC was not called out on any of the five exhibit cases, yet “entire herds” of animals were taken under the pretense that there was something very wrong with their health and care. IF an “entire herd” of animals is “taken” – TAHC must be given opportunity to inspect and evaluate the animals for possible disease. NOT involving TAHC subjects the ENTIRE LIVESTOCK POPULATION of the state of Texas to the possibility of the spread of disease, which could wipe out the livestock population in Texas. IF an “entire herd” of animals is so bad off that they must be “seized”, the TAHC MUST be given opportunity to oversee that “seizure.” Obviously, “private citizens” who are “given” the “entire herd” within ten days or less of their “taking”, do NOT want TAHC involved, because ALL of the livestock animals wrongfully taken from the owners in EXHIBITS No. 1 thru 5 could have been sold at public auction, according to TAHC, to the benefit of their longstanding owners. But, “private citizens” masquerading as animal “rescuers” are the ONLY ones who benefited from the wrongful “taking” of all of these animals from their longstanding owners – ALL paid for by “YOU” – the Taxpayer.

None of the “victims” – the longstanding animal owners – have EVER been found to have cruelly treated any animal in ANY “Court of Competent Jurisdiction.” A layman non-lawyer Justice of The Peace is NOT considered to be a “Court of Competent Jurisdiction” in which offenses of criminal “Class A” misdemeanor or “State Jail Felony”, or matters of  constitutional Law and constitutional right may decided. These owners have all been wrongfully criminalized and demonized in the news media. Four of the owners are lifetime livestock and animal raisers and owners, who have invested hundreds of thousands of dollars in their herds and who have raised, cared for, and used their animals for decades. One owner was forced to pay $3,000. to Upshur County, through extortion by District Attorney Billie Byrd, to find dismissal of criminal charges.

One owner is being threatened with felony criminal animal cruelty charges by Rains County Attorney Robert Vititow, however, no felony charges can be considered, based on the “general warrant” found in EXHIBIT No. 5. One owner, who had the support of former Hopkins County District Attorney Frank Long, was dismissed of all charges of animal cruelty for lack of a “critical witness” based upon the fact that the “general warrant” did NOT particularly describe ANY particular animal to be seized, nor did it associate any substantial probable cause ascribed to ANY particular animal. None of the animals have ever been returned.

Attorney Frank Long fully understands the problems with the animal cruelty statutes. One owner was criminalized, convicted of two counts of animal cruelty – although an entire herd of 57 horses was taken from her property with no professional veterinary evaluations of any animal before they were taken – all based on a “general warrant” from which NO evidence is admissible. This owner spent nine months in jail and years of probation. In this case neither County Court At Law Judge Amy Smith or County Attorney Dustana Rabe had any legal jurisdiction, as a matter of Texas State law, to bring any charges against the animal owner. In two cases, “private citizens” operating under the guise of True Blue Animal Rescue and Blue Bonnet Equine Humane Society instigated the complaints, which triggered the wrongful seizures of animals from their owners, and then True Blue Animal Rescue and Blue Bonnet Equine Humane Society were simply “given” all the animals (134 animals) by layman non-lawyer Justices of The Peace Clancey Holmes and Yvonne King, both of whom have resigned from their positions. True Blue and Blue Bonnet are located five and a half hours away from these longstanding animal owners. Documents and witnesses show that these two groups of “private citizens” targeted these two animal owners and spent several months preparing for their literal “RAIDS” of these longstanding owners valuable herds! Another owner lost exotic animals and Tigers, yet has never been found to have cruelly treated any of the animals. Over half of those animals were killed within 24 hours, with no court ordered permission and no professional evaluation of the condition of the animals. Only a month before, all the animals were given positive health certificates so they could be transported from south Texas to their new home in Marion County. Two cases are in Federal District Court, naming a combined 127 defendants, including judges, District and County Attorneys, Sheriff’s, law enforcement officers, Veterinarians, several news broadcast, print, and internet media companies, and “private citizens” operating under the guise of animal “rescue.”

Remember: When animals are “given” to these “private citizens” operating under the guise of animal “rescue” there is NO follow up done by ANY government agency to make sure that the animals are actually placed in a facility or home with better conditions than they had previously. Documented evidence shows animals are severely stressed, seriously injured, and killed by these “private citizens.” Having a 501(c)(3) IRS non-profit status does not assure that the animals will not be abused where they end up.

The cost of ALL of this is being paid for by “YOU” the TAXPAYERS.

The question to YOU is this: IS all of this COST worth it to “YOU” – the Taxpayer??

The overwhelming majority of TAXPAYERS say a resounding – NO.

Thanks for contacting your Texas State Senator and Texas State Representative and demanding that the animal cruelty statutes in Texas be IMMEDIATELY repealed, and made null and void, which will STOP all of this unmerited millions of dollars in COST to the TAXPAYERS, to simply “give” entire herds of livestock and other collections of animals to “private citizens” operating under the guise of animal “rescue, and that the Victims in these cases be allowed to find exoneration, vindication, and restoration for this complete violation of their constitutional rights. Don’t forget to contact your local Sheriff and Chief of Police and demand they take no more “animal cruelty” complaints.

 Lady Liberty

__________________________________

BLOGGERS NOTE: Actual exhibits can be found at the link for the PDF

EXHIBIT No. 1 – pg. 1 of 3 pgs.

Copy of “CRIMINAL” “Search/Seize” Warrant:

CR-10-0112, issued January 27, 2010, in Wood County,

Texas, by layman non-lawyer Justice of The Peace Lex Jones, in direct violation of Texas Code of Criminal

Procedure § 18.01(c) and § 18.01(b). As a result, this “JP” and Marion County, are currently defendants in Federal District Court, Marshall, Texas.

CRIMINAL CASE NO.

EXHIBIT No. 1 – Pg. 2 of 3 pgs.

Copy of the “Judgment” for the “criminal” case

CR-10-0112, signed and issued by a layman non-lawyer Justice of the Peace, “ giving” all of the animals to a “private citizens” operating under the guise of Marion County Humane Society, in direct violation of Article 5, Section 19 of the Texas Constitution, all “subsidized” by the TAXPAYERS.

CRIMINAL CASE NO.

EXHIBIT No. 1 – pg. 3 of 3 pgs.

EXHIBIT No. 2 – pg. 1 of 2 pgs.

Copy of “CRIMINAL” “Search/Seize” Warrant:

CR12-013J4, issued March 27, 2012, in Upshur County, Texas, by layman non-lawyer Justice of The Peace in direct violation of Texas Code of Criminal Procedure § 18.01(c) and §18.01(b).

CRIMINAL CASE NO.

EXHIBIT No. 2 – pg. 2 of 2 pgs.

Copy of the “Order” for the “criminal” case CR12-013J4, signed and issued by layman non-lawyer Justice of the Peace W.V. Ray, “giving” all of the animals to a “private citizens” operating under the guise of the Humane Society of North Texas, in direct violation of Article 5, Section 19 of the Texas Constitution, all “subsidized” by the TAXPAYERS.

ALL charges dismissed August 2013, as a result of payment of $3,000. to D.A. Billie Byrd, nothing less than “extortion.” Miklossy is preparing to file in Federal District Court for violations of his constitutional rights.

A “layman non-lawyer” Justice of The Peace has NO “legal” power, authority, or jurisdiction to “FIND” an animal OWNER HAS CRUELLY TREATED an animal. A “layman non-lawyer” Justice of The Peace ONLY has “criminal” jurisdiction over “Class C” misdemeanors which have a penalty of ONLY a fine up to $500., according to Article 5, Section 19 of the Texas Constitution. A “layman non-lawyer” has NO “legal” jurisdiction to “give” an entire herd of horses and mules, as in this case, to “ private citizens” acting under the guise of animal “rescue”, ALL subsidized at TAXPAYERS expense.Horses and mules are livestock animals which can be sold a public auction to the benefit of the owner.

EXHIBIT No. 3 – pg. 1 of 3 pgs.

Copy of “CRIMINAL” “Search/Seize” Warrant, wrongfully issued as a “CIVIL” warrant as :

CV11-001-3, issued

January 24, 2011, in Wood County, Texas, by layman non-lawyer Justice of The Peace Clancey Holmes in direct violation of Texas Code of Criminal Procedure § 18.01(c) and § 18.01(b). A “Search/Seize” Warrant issued for the seizure of animals, is issued for the “Offense” of Animal Cruelty, which is a “Criminal” offense as defined by Texas Penal Code § 42.09(c). The “Offense” of Animal Cruelty is either “Class A” Misdemeanor or State Jail Felony.

All charges against Linda Jones were dismissed November 9, 2012. An entire herd of horses AND an entire herd of cattle were “taken” from Linda Jones and “given” to “private citizens” operating under the guise of True Blue Animal Rescue. All this was “subsidized” and paid for at TAXPAYER expense. J.P. Clarence Holmes has resigned.

CIVIL Case No.

EXHIBIT No. 3 – pg. 2 of 3 pgs.

Copy of the “Order” for the “criminal” case wrongly labeled as “civil”

CV11-001-3, signed and issued by a layman non-lawyer Justice of the Peace Clancey Holmes, “giving” all of the animals to “private citizens” guised as True Blue Animal Rescue, in direct violation of Article 5, Section 19 of the Texas Constitution.

All of this was “subsidized” and paid for by the TAXPAYERS.

ALL charges dismissed November 9, 2012. No animals ever returned. True Blue Animal Rescue benefits ALL at TAXPAYER expense. Holmes has resigned.

Offense of Animal Cruelty is a “criminal” offense – “Class A”misdemeanor or State Jail Felony. A layman non-lawyer Justice of The Peace has NO “legal” power, authority, or jurisdiction to “take” a herd of animals from an animal owner, then “give” that herd of animals to “private citizens” guised as “rescue” groups, ALL subsidized at TAXPAYER expense.

EXHIBIT No. 3 – pg. 3 of 3 pgs.

Copy of “Order” dismissing all charges of Animal Cruelty against Linda Jones, on November 9, 2012. The general “Warrant” was wrongfully issued, NO admissible evidence could be obtained, NO critical witness –any horse – was NOT available. This Motion (and Order) To Dismiss this case from District Court clearly shows that the OFFENSE of Animal Cruelty is a “Criminal” action, which is beyond the jurisdiction layman non-lawyer Clarence Holmes. Holmes has resigned.

EXHIBIT No. 4 – pg. 1 of 3 pgs.

Copy of “CRIMINAL” “Search/Seize” Warrant, wrongfully issued with

NO CASE NUMBER, issued May 09, 2009, in Hopkins County, Texas, by layman non-lawyer Justice of The Peace Yvonne King in direct violation of Texas Code of Criminal Procedure § 18.01(c) and § 18.01(b). A “Search/Seize” Warrant issued for the seizure of animals, is issued for the “Offense” of Animal Cruelty, which is a “Criminal” offense as defined by Texas Penal Code § 42.09(c). The “Offense” of Animal Cruelty is either “Class A” Misdemeanor or State Jail Felony. An entire herd of horses were “taken” valued at over $1 million dollars from Carol Paselk. All this was all “subsidized” at TAXPAYER expense. Notice that the “warrant” states that the “animals” [plural] are to be impounded, but Paselk is ordered to appear at a proceeding to determine whether “the animal” [singular] has been cruelly treated. WHICH ANIMAL???? No animal was EVER specified.

This warrant is a “general warrant” in complete violation of the Fourth Amendment of the U.S. Constitution, and Article 1 Section 9 of the Texas Constitution, as well as Texas Code of Criminal Procedure 18.01 et. Seq.

NOCase No.

No animal was ever particularly described, so “which” animal is to be detemined at this “hearing”?

The “Warrant” purports to be for the seizure of an “Animal” [singular] yet orders the seizure and impound of “Animals” [plural].

EXHIBIT No. 4 – pg. 2 of 3 pgs.

Order used to “give” the entire herd of horses wrongfully taken from Paselk’s private farm to “private citizens” guised as “True Blue Animal Rescue” and “Blue Bonnet Equine Humane Society” in direct fulfillment, payment and consummation of the “contract” requested and proposed by Jennifer Williams, president of Blue Bonnet Equine Humane Society, in the bogus complaint she filed against Paselk, in which she states: “We do not ask any reimbursement from the county as long as the horses are awarded to one of  the rescues by the courts .” No significant governmental interest has ever been shown in this case. This “Order” clearly verifies the fact that the “animals” are “ PROPERTY” in paragraph 2, line 4 yet the property was taken with NO legal Levy proceeding. The costs to the TAXPAYERS in this case alone is estimated to be $8,000,000., and climbing. Yvonne King has resigned.

EXHIBIT No. 4 – pg. 3 of 3 pgs.

This is an Arabian showhorse gelding which was wrongfully taken from Paselk’s property on May 9, 2009, by “private citizens” masquerading as animal rescuers. Layman non-lawyer Justice of The Peace Yvonne King “gave” this gelding along with 56 other horses to True Blue Animal Rescue and Blue Bonnet Equine Humane Society. This photos was taken the evening of May 14, 2009 – six days AFTER the “raid” of Paselk’s property. This gelding was evaluated as a body condition of 3.5 out of 9 by Veterinarian Jeremy Smith, DVM. Jeremy Smith was shown to be an “uncredible” witness by attorney Frank Long (of Sulphur Springs) during the appeal of 27 horses and 50 head of cattle wrongfully taken from Linda Jones (Exhibit No. 3 above) True Blue Animal Rescue and Blue Bonnet Equine Humane Society perpetrated the same “scheme” on Linda Jones that they did on Carol Paselk. Paselk has owned, raised, and trained horses for over 50 years, yet was wrongfully criminalized for two counts of animal cruelty, based on a “general warrant”, a judge who had no “legal” jurisdiction, as a matter of law, and a county attorney who had no “legal” jurisdiction, as a matter of law. All charges were dropped against Linda Jones. Paselk’s court appointed attorney provided ineffective assistance. Frank Long states that what was done to Carol is criminal and very, very wrong. This gelding is now being used by one of the participants of the wrongful seizure of horses, who literally “stole” him from Paselk’s property. This gelding was literally “stolen” by the use of the general “Warrant” wrongfully issued by Yvonne King, This gelding was never described in any “legal” document to “take” him from Paselk’s farm property. The entire herd of 57 horses were simply given to the “private citizens” who have NO “legal” authority. The entire herd of horses have an estimated value of over $1 million dollars. By presenting the “order” to the breed registries, these “private citizens” can obtain the registration papers on these horses for a minimal transfer fee. Many of the horses were imports from Europe and Canada. Paselk’s story is tragic, and what has been done to her is unconscionable. All officials, rescuers, and media are defendants in Fed. District Court. Her story is soon to be published.

EXHIBIT No. 5 – pg. 1 of 2 pgs.

On June 12, 2013, the SPCA of Dallas, entered the private property of Lori Gonzales, and Killed 2 donkeys, with NO Court order giving them permission to do so. SPCA killed the Donkeys in front of Lori’s minor children. NO licensed veterinarian was on-site. A “tech” from the SPCA of Dallas, just intentionally euthanized two female donkeys, with NO “legal” permission to do so. Rains County Deputy Kristy Holt handed Lori Gonzales the Warrant, shown below. The “Warrant states NO code violation, NO name of ANY “magistrate” appears on the “Warrant”, NO signature of ANY magistrate appears on the “Warrant”, NO CASE NUMBER appears on the “Warrant”, NO County is referenced. This so called “Warrant” was used to KILL two female donkeys, and ordered Lori Gonzales to Justice of The Peace Court, where she was “ordered” to pay SPCA $1,612.00 This warrant is a “general warrant” outlawed and prohibited by the 4th Amendment.

EXHIBIT No. 5 – pg. 1 of 2 pgs.

Lori Gonzales and her husband, AFTER the SPCA of Dallas completed their “Killing Spree.” The SPCA took one male donkey, and killed two female donkeys, with NO Court “order” giving them permission to do so, in direct violation of Texas Code of Criminal Procedure § 18.10. SPCA of Dallas transported Lori’s male donkey outside of Rain’s County with NO Court order giving them permission to do so, in direct violation of Texas Code of Criminal Procedure § 18.10.

The SPCA of Dallas left the two female donkeys which they “killed” with NO Court order permission. Lori was told by Rains County Sheriff’s Department that she must bury the donkeys within 24 hours or face two months in jail. Lori and her husband hand dug graves  for the two donkeys and buried them. The next morning Rains County Sheriff’s told Lori the donkeys could NOT be buried on the property; they must “exhume” the donkeys and “get rid of them” or face jail time. Community members came forward and helped Lori “exhume” the donkeys, during which legs ripped off the bodies in attempts to raise the donkeys from their graves. The scene was one of gross inhumanity, which would NOT have ever occurred IF SPCA had not intentionally killed the donkeys and Rains County had NOT issued a bogus “Warrant.” Photos show there is no justifiable reason for the SPCA “Killing Spree”. The only reason was for the SPCA to “use” Lori and the donkeys as a “funding” ploy, and to wrongfully “indenture” Lori to pay SPCA of Dallas $1,612.

The “SPCA of Dallas” is ONLY a “group” of “private citizens” who have NO “official” authority.

These “private citizens” ONLY have permission to operate “TAX-FREE.” All investigation of “criminal” animal cruelty must be done by Rains Co. Sheriff’s Department, yet SPCA is “awarded” the cost of investigation by layman non-lawyer Ron Smith. This complete support of these “private citizens” clearly shows Justice of The Peace Ron Smith’s participation in the racketeering activity of the SPCA of Dallas.

Nothing less than Nazi conduct, by “private citizens” guised as “rescuers.”

The real clencher of this story is that Rains County Deputies had “herded” the donkeys onto Lori’s property 8 months before, because the donkeys were running lose in the street. The donkeys did Not belong to Lori. Rains Co. Deputies left the donkeys, telling Lori they would find the owners. The Rains Co. Sheriff’s Dept. never produced the owners, never retrieved the donkeys and literally dumped the donkeys on Lori, an indigent mom of five with a husband out of work. Lori cared for the donkeys with the help of community members. Rains County Attorney Robert Vititow is threatening Lori with felony charges of animal cruelty, which can not stand. All this has been done at “YOUR” expense.

Is this ENOUGH, already? Call Vititow and tell him he MUST STOP and go after the real criminals. Robert Vititow, 220 W. Quitman Street P. O. Box 1075. Emory, TX 75440. Phone: 903-473-5000, ext. 115. Fax: 903-473-5085

10.29.13_- Letter to Texas County Republican Chairmen, Texas Republican Senators,

Click on Photo To See Email Sent To Texas Justices Of The Peace


3 Responses to “Message from From Lady Liberty…Animal Owners for Justice”

  1. […] https://topcatsroar.wordpress.com/message-from-from-lady-liberty-animal-owners-for-justice/ […]

  2. It happened to us too. August of last year. General warrant, list of “limit law” violations over 5 dogs that are barred constitutionally as ex post facto and others. No specific animal was listed and no inventory provided.

    • Doesn’t quite add up does it when they are allowing terms for a warrant that are inconsistent with the rules for search warrants-How about the lack of probable cause-Did they even serve a citation with proper time to make correction-I bet not…Considering the loose circumstance that warrants are written with laws intended for Intentional Cruelty-There is no such thing as animal cruelty…I bet you understand what I’m saying-
      Why go to the trouble of framing people if an actual crime existed. There is no crime when you have to prove yourself innocent of the charges instead of the other way around? The bigger question is what are the current statics for animal cruelty cases compared to say 10 years ago when few were accused.
      The rights of people can not come below the rights of animals when the animals have no rights.
      I am not saying that they aren’t entitled to shelter, food and water, I am saying that they aren’t people.

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