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
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.
“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.
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.