Judge Threatens Local HSUS Pres with Contempt, Jail

IT’S ABOUT TIME!!  This happened in 2013, but it still DOES happen in both

CA and nationwide………………

FOLKS— WE ARE SLOWLY MAKING PROGRESS AS TO SEIZURES!

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

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

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We also just heard from a CA pro se client who is challenging his PC597.1 seizure, where his dogs were to be returned but there was a huge debacle over not returning the dogs, and THEN defendants allowing TWO litters of pups to be born IN the shelter, and THEN Judge (criminal case judge) tells the city attorney, she doesn’t have much of a chance to push PC597.1(k) on this owner PRIOR to the criminal case?  Pro se client dismissed his PD (public defender) and was appointed street counsel (used in conflict cases.)  We will update and hope this case proves to be viable.  It is currently in Federal Court as to the taking of the animals; if anything, we suspect the case would settle. However at last update, earlier in 2016, the case was subject to a 12(b)(6) and thus subject to dismissal if not corrected.

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

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

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

But the Humane Society of the Sierra Foothills told KCRA 3 the group is not giving the horses back.    “They’re at a secret location,” Rosemary Frieborn said. (This is not the HSUS of the USA directly but apparently most humane societies in CA follow the way the HSUS writes state laws, and are rabid on seizing everything they can…)

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

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

Read more: http://www.kcra.com/news/humane-society-returns-horses-seized-from-lincoln-ranch/-/11797728/23839208/-/120bs6bz/-/index.html#ixzz2pxnSZJmP

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

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

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

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

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

Read more: http://www.kcra.com/news/lincoln-rancher-wins-battle-to-get-horses-back/-/11797728/22881604/-/fwobgcz/-/index.html#ixzz2pxmSHTce

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7 thoughts on “Judge Threatens Local HSUS Pres with Contempt, Jail

  1. Now sue everyone involved with the seizure, maintenance of the horses and those who assisted in hiding the horses, for money damages and expose their network to the public. It is the only way these arrogant, affluent, lawless, spoiled brat officious intermeddlers will learn that they are not above the law.

  2. Pingback: Judge Orders THE ANIMALS RETURNED to Their Rightful Owners | Top Cats Roar...

  3. Good, let us know when the Cavalry Group gets a win. Criminal defense attorneys coupled with those who know AR tactics is a must. The CA Penal Code should be changed to NOT seize animals which are NOT harmed. Not only would that save on fees, it saves on storage.
    ARs simply copied the child welfare laws. It needs to be changed.

  4. HSUS is not named directly. That doesn’t mean they
    did not get involved. They usually insert themselves into
    any seizure involving horses or large numbers of animals if possible. They inserted themselves into the APHIS lawsuit by filing an intervention. No surprise.

  5. Don’t be intimidated by “wanna be cops” such as animal control officers, humane officers and/or SPCA officers. When these people come to your door they are there for only one purpose and that is to either to cite, seize, arrest or harass you, why because they can. They are not coming to your door to assist you in the care of your animals. Keep in mind the biggest line in the world is: “Hi, I’m from the government and I am here to help you. This is particularly true in California that has a One-Party dictatorship based on the totalitarian and autocratic ideology of State Democratic Socialism. With no counter balance political party in place it allows for an abuse of power and authority by State, County and City “officers”. Even though the State Constitution contains meaningless and unenforceable words, the United States Constitution has the Fourth, Fifth and Fourteenth Amendment protections. Your Constitutional rights are protected and allow for recourse through litigation pursuant to Title 42, U.S.C. Section 1983. Protect yourself by locking government out of your property. Fence and gate your property with a lock and a “No Trespassing Sign” which is clearly visible to all. Make sure that you always keep your gate locked because “officers” have a tendency to just wak in uninvited. If you have birds you may also want to post a “bio security sign” on your gate for flock health protection. Never give permission for any officer to enter your property. When confronted never step out your front door, or off your property. Always be respectful and courteous but let the “officers” know in no uncertain terms: “No warrant no entry”, and let them know that you will not answer “any” of their questions without your attorney present. Let them know that if they attempt to enter your property without a warrant or consent you will sue them individually for a violation of your Civil Rights and for trespass. Any officer entering your private property can and will find something to cite you for, or will find something to fabricate “probable cause” to put on a warrant affidavit to be rubber stamped by a clueless local judge to come back onto your property with a search warrant, or an inspection warrant. If you give consent to let any “officer” into your property, or you speak to them trying to state your case, you have lost. Anything and everything that you say will be used against you. The worst witness against you are your own words, or those words that the “officer of the law” claims that you said. Only a fool speaks to and officer when they are under suspicion for something. Keep in mind “officers of the law” are suspicious of everyone” by their nature. Start today protect yourself from government abuse. John R. Cogorno, Attorney at law

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