Wilma Jones Charged

It looks like the DA in Warren County has finally charged Wilma Jones in the kennel seizure case that dates back to last March. I say "finally" because, if you will recall, there were no charges made against Ms. Jones at the time of the raid on her kennel, which prompted the judge who heard her request to regain possession of some of her personal pets to declare that the seizure of her dogs by "animal advocates" had been illegal.

I can only find one brief story online about the current status of Ms. Jones's case and it comes from a Nashville TV station:

Woman Indicted By Grand Jury On Animal Cruelty Charges

Posted: May 23, 2011 4:00 PM

WARREN COUNTY, Tenn. - A grand jury has handed down animal cruelty charges against a Warren County woman accused of keeping more than 100 dogs living in squalor at a suspected puppy mill.

Wilma Jones faces 10 counts of animal cruelty, and five counts of possession of controlled substances.

Back in March, law enforcement officers and an animal rescue group seized more than 120 dogs from Jones' Centertown property.

They found most of the animals standing in filth, and suffering from infections, dehydration, and malnourishment.

She relinquished custody of all but four of the animals.

Just to refresh your memory, this is the case where a local person in Warren County, working with the Animal Rescue Corps (hello Scotlund Haisley!), spent three weeks visiting Ms. Jones's kennel and "gathering evidence," (or was that planting evidence?). Instead of trying to help Ms. Jones with any of her dogs or kennels, the Warren County humane society of McMinnville (sic) was hellbent on getting rid of her and having her arrested, no matter what they had to do.

The "controlled substances" in this story are unspecified. I have no idea what they were, or how they got to Ms. Jones's home. For all I know the person visiting Ms. Jones's home for three weeks may have left them there, or ARC "rescuers" may have placed them on the site. Maybe they were that uncertain about their "cruelty" charges sticking and figured they'd better add something to the mix, just in case.

As for the animal cruelty charges, those will have to be decided in court, but juries are often pre-disposed to be swayed by any sad pictures of animals. Logic usually flies out the window when someone is presented with sad-faced puppies, even if those pictures have been staged.

And, just out of curiosity, if 121 dogs were taken in the raid, and they were in such terrible shape, as alleged by "animal advocates" and "rescuers," why are there only 10 counts of animal cruelty?

I hope Ms. Jones has a good attorney representing her. Too often breeders are railroaded in these cases and don't really receive a fair trial. You can compare Ms. Jones's case to another case where an older woman was brought to trial over the care of her dogs. In this case Jean Cyhanick was charged in Virginia with endangering her dogs' lives because several of her toy dogs had dental problems. That's right. I'm not making this stuff up. She was convicted of animal abuse. Friends have raised over $35,000 on her behalf and she is appealing. Legal sources say she has a good chance of winning and overturning the current law in Virginia that allows this kind of charge to be made.

Are Tennessee animal cruelty penalties too lax?

Here's a recent posting from WATE-TV in Knoxville. It addresses the issue of mandatory minimum sentencing for animal cruelty convictions.

Are Tennessee animal cruelty penalties too lax?

Tuesday, May 17, 2011 5:48 PM EST

By HANA KIM

6 News Reporter

KNOXVILLE (WATE) - A Knox County assistant district attorney who has prosecuted her share of animal cruelty cases hopes the state Legislature will take a closer look at current laws.

There are about 20 active animal cruelty cases in the county and if history is any indication, most of the defendants will not spend any time in jail even if they're convicted.

ADA Joanie Stewart hopes lawmakers will perhaps implement a mandatory minimum sentence for anyone convicted of animal cruelty.

Jeffrey Coppock, 44, of Knoxville, was due for a preliminary hearing Tuesday on charges that he beat a Shih Tzu named Rosie to death. However, his hearing was reset to July 20.

Coppock was arrested in April after deputies got a call from his neighbor on Evening Star Lane.

When deputies got there, they found Rosie in the backyard with blood around her nose, broken bones and only taking shallow breaths. The dog later died.

In another case Knox County case, a three-year-old dog nicknamed the "Little Brown Dog" made national headlines in November 2009 after she was dragged nearly a mile behind a pickup truck.

She survived and her former owner, Jimmy Lovell, is awaiting trial. Because of the extent of Little Brown Dog's injuries, Lovell was charged with a felony.

"On the felony cases, the animal has been treated in a sadistic and depraved manner," Stewart explained.

"A lot of our offenders are first time offenders so they are eligible for programs that would be diversion, that would be probation if they don't have a lengthy criminal record," Stewart added.

If there is no bodily injury or death to the animal, most cases are deemed misdemeanors.

"You have so many crimes that have the minimum jail sentences. DUI is one, 48 hours and that's a misdemeanor," Stewart said.

Stewart believes a mandatory minimum sentence will send a stronger message and hopefully help protect animals.

If a person is convicted of his first animal cruelty charge and picks up a second charge, that second offense is automatically a felony.

Aside from the fact that the ADA in the article doesn't actually make a case for mandatory minimum sentencing, and only recites a short list of cases which are waiting to be tried, the article is fairly illogical in other ways.

Here are some problems with the article. While I don't have much respect for HSUS or the Animal Legal Defense Fund, those fun-loving people who are always demanding that animal cruelty laws be made tougher, both entities came out this year with reports that placed Tennessee in the mid to upper reaches of states having strong laws against animal cruelty. ALDF placed Tennessee in the top tier of states with animal cruelty laws. So there. Hey, you people who are always claiming that Tennessee is full of people who are cruel to animals! What do you think about that? (Nope, I won't give links to those groups. Not on this site.)

Another problem with this article, or with the thought process of the ADA mentioned in it, is that mandatory minimum sentences don't do what they are intended to do. Many animal cruelty cases which are charged as misdemeanors are carried out by children and teens. Do you want to have a mandatory minimum sentence for crimes committed by minors? Well, a lot of prosecutors don't. When it comes to charging minors with those crimes, they would rather not do it. So, faced with either prosecuting a kid with a very stiff mandatory sentence or not charging him at all, they let him go and they don't prosecute. The result is that when you have mandatory minimum sentences you often have fewer misdemeanor crimes prosecuted — exactly the opposite effect that people pushing for tougher laws want.

There is a bill in the Tennessee legislature right now concerning mandatory minimum sentencing for animal cruelty cases but if the legislators have any sense at all they will let it die and leave prosecution and sentencing to the courts.

Highway Robbery in Tennessee

Here's a great video by a Tennessee news station (NewsChannel 5) on civil asset forfeiture. It shows how police are using this practice to steal money from motorists using the pretense that it's drug money.

So, why am I posting this video here on a list about animals? Because this is exactly the same practice that is being used to steal dogs from breeders, not just in Tennessee, but all over the country. Civil asset forfeiture laws are being misused to allow law enforcement (and animal rights-driven rescues) to seize animals on the suspicion of someone having committed a crime, before anything has been proven. And those animals are being dispersed, with the money made from them going to animal rights-oriented rescues and shelters. Those actions are just as illegal as what you see being done in this video.

Group helps McKamey recover costs

I wish someone would help me out when I make bonehead mistakes.

Group helps McKamey recover costs

Staff Report

The McKamey Animal Center, out about $50,000 last year after a judge dismissed animal cruelty charges that city animal control officers brought against the Pet Company store in Hamilton Place mall, has gotten help from the ASPCA.

The American Society for the Prevention of Cruelty to Animals earlier this month gave McKamey a $15,000 grant to help defray the center's cost for caring for the 84 animals taken from the store last summer after a Tennessee Department of Agriculture inspector found them without water and rolling around in their own feces in extreme heat.

The cases were dismissed by a special appointed judge after Chattanooga City Judge Sherry Paty declared a mistrial and recused herself in July, citing a July 1 email from Mayor Ron Littlefield urging her to not "leave McKamey holding the bag" for more than $40,000 in expenses.

A few days later, the Tennessee Department of Agriculture said Pet Company would be able to keep its state operating license after store officials agreed to comply with conditions laid out by the department.

Karen Walsh, executive director of the McKamey Animal Center, said in a prepared statement that she is grateful to the ASPCA, particularly for its recognition of the efforts of the center and assistance to help Chattanooga recoup some of the money spent protecting the animals involved in this highly publicized case.

"The cost of animal care during cases like this one often break animal welfare organizations, and many decide not to prosecute," she said.

You know, I'm glad that McKamey wasn't reimbursed for the full amount. I hope they do learn some kind of lesson from this experience. Namely, that they should not try to prosecute legal pet or animal businesses just because they don't like them on moral grounds. It is legal in Chattanooga, Tennessee, and elsewhere, to sell pets in pet stores, even though animal rights people (and that includes McKamey) don't like it. An animal control agency should not go on a mission to shut down legal businesses just because they don't approve of them. Nor should they try to exaggerate evidence or seize animals. There are still some judges who won't go along with those tactics.

Animal control agencies serve a valuable purpose in society but they need to operate within the law. And it's up to citizens to be watchful and make sure that the laws that are passed are reasonable and fair to all animal owners and businesses. We all want animals to be treated well, but we cannot allow animal owners or businesses to be railroaded by the animal rights movement.

The Memphis Vortex

God Hates The South

If you've been following the news much this spring then you probably know that God hates the South. I don't know what we've done to incur the wrath of the Almighty, but He's been showing some pretty unmistakable signs that He is not happy with those of us who live below the Mason-Dixon line. I say this because something like 170 tornadoes cut loose across the South on one day in April, killing over 300 people. Seven people died here in my county. As if that weren't enough, it's been followed by the worst flooding of the Mississippi River in at least 70 years, and in some places, ever. (Of course, the Mississippi does span more than just the South, so we will share our misery with some of our Midwestern friends.) And, to add insult to injury, the 13-year cicadas are coming out, like some kind of plague on the land.

So, you can see why I say that God doesn't seem to like us much right now.

Memphis Animal Shelter

In the midst of all these disasters, you may have missed some of the pet stories coming out of Memphis but there have been some whoppers. By far the biggest story is that of the Memphis Animal Shelter which is being reported daily by the YesBiscuit blog. If you're not familiar with the story then I encourage you to visit the YesBiscuit site right away and catch up. YesBiscuit is on a much-needed crusade to draw attention to some of the practices at the Memphis Animal Shelter, including their high euthanasia rate, way of treating the animals in their care, minimal work with rescues and efforts to get animals adopted, among other problems at the shelter. To say that the shelter director and city officials have been dismissive is putting it mildly. So please do check out YesBiscuit's blog and try to get involved.

Dog Relocation Program?

But there's other news from Memphis, some good and some not so good. Animal rescue groups have converged on the city to try to help owners and their animals affected by the flooding. Sounds great, right? And we're sure that most of these efforts are good-hearted and well-intentioned. We applaud all of the rescuers who are reaching out to help animal owners and their animals. Except, there are a few groups who may not have good intentions. There always seem to be one or two bad apples who can spoil the whole barrel.

ASPCA is on the ground in Memphis offering shelter for pets who have been displaced by flooding. According to news articles, they say that the owners will be able to pick them up when they're ready to go home again.

"People can bring their pets here regardless of their health or situation," said Joel Lopez, a former pacemaker sales representative from New York, who quit to work for the American Society for Prevention of Cruelty to Animals.

The shelter is operated with staff from the organizations and volunteers who use vacation days from jobs.

"This is the largest emergency-relief deployment in our history, dating back to 2007 when the program was launched," said Steve Pawlowski, communications manager for PetSmart Charities, which is using Memphis as a staging area for the flood disaster and for victims of the recent string of tornadoes.

The New York-based ASPCA is overseeing the operation.

The process for sheltering and rescuing the animals was born from the chaos of Hurricane Katrina in 2005 when people were forced to abandon pets, many of which drowned.

It inspired rescue groups and the federal government to develop a plan that addressed animal welfare.

"We realized organizations needed to come together to create a unified operation, said Kathryn Destreza, ASPCA Southeast regional director. "There were so many lessons from Katrina. There wasn't even a people plan in place to deal with victims. Remember the Superdome? You can't imagine the chaos dealing with pets."

A federal law, created in 2006, requires states seeking Federal Emergency Management Agency assistance to accommodate pets and service animals in plans for evacuating residents facing disasters.

Rescue organizations formed the National Animal Rescue and Sheltering Coalition to create a unified effort.

"We're all pet people so we believe the least we can do is help relieve people who are under so much stress to know that their babies are safe here with us," said Debrah Schnackenberg, American Humane Association senior vice president for emergency services.

"We spoil them and treat them like they're our own until the owners are ready to reclaim them."

That sounds great, right? But what about this news release from the ASPCA that says they have formed a "national relocation program" for shelter animals?

Press Release

ASPCA Launches National Relocation Program for Shelter Animals

“Animal Relocation Initiative” Begins with Transport of Dogs, Cats from Regions Affected by Floods, Tornados

May 10,2011

ASPCA Media Contact

NEW YORK—The ASPCA^® (The American Society for the Prevention of Cruelty to Animals^®) today announced the launch of its national Animal Relocation Initiative for shelter animals, which began with 46 dogs from shelters in eastern Arkansas that traveled westward over the weekend to make room for animals displaced by recent flooding, and continued on Monday with over 70 additional dogs from tornado-affected areas in Georgia and South Carolina going to shelters in the northeast. This morning, 15 dogs and 10 cats from shelters in a flood-affected region of Mississippi were loaded onto a trailer headed for West Palm Beach, Fla., and additional relocation efforts for animals in other affected areas are in the works.

The dogs and cats will be made available for adoption following their arrivals at the various destination shelters. Dogs from the initial relocation efforts traveled from Eastern Arkansas to shelters in Kansas and Colorado, and those from Georgia and South Carolina were sent to shelters in New York and New Jersey. The animals are being transported in climate controlled vehicles.

“Our new Animal Relocation Initiative will establish a national network that facilitates the transfer of animals and build a professional collective engaged in the issue of relocation,” said Ed Sayres, president and CEO of the ASPCA. “We also intend to develop flexible, scalable relocation programs that assure animals are moving the shortest distance possible.”

The ASPCA’s Animal Relocation Initiative moves animals from areas of oversupply to areas where there are few, if any, similar pets available in shelters for adoption. In these first cases, the ASPCA’s Field Investigation and Response Team has been deployed to areas where a large-scale disaster recovery effort is in progress, and the Animal Relocation Initiative is supporting those efforts, working with a network of agencies willing to receive and house animals that already exist in the community’s sheltering system.

“Our new program is all about supply and demand,” said Sandy Monterose, the ASPCA’s senior director of community outreach. “We will be exporting animals—safely, efficiently and humanely—from crowded shelters to regions where space is available. In this case, moving current shelter animals out of the affected area increases the ability of local organizations to help animals that need to be rescued or sheltered until they can be reunited with their families.

So, that seems a little confusing. Not to mention a trifle opportunistic. They are taking dogs in the tornado and flood areas and sending them to places where there is a demand for them. But, how do they know that some of the animals in the shelters weren't lost in the tornadoes and flooding? How do they know there aren't families looking for those dogs? And, if those dogs are sent to states 1000 miles away, how will their families ever find them? They won't even know where to look for them. Plus, the animals will have been adopted by other people. This sort of sounds like what happened with the Katrina dogs that HSUS "rescued" in Louisiana. There were all kinds of accusations at that time that HSUS took the dogs, saying that they would reunite them with their owners later, and then they sent the dogs to other states, adopted them out to other people, and their original owners couldn't find them. A few owners did track down their dogs and they had to go to court to get their dogs back.

(Gee, reading these Katrina stories, you think it's possible that HSUS doesn't really have much hands-on experience with animal care? Hmmm? What do you think? But how could that possibly be true? Isn't it HSUS that is always proposing legislation about animal care and telling people how to take care of animals? How odd. Aren't they the recognized "experts" when it comes to animals? Well, maybe not.)

So, you see why I think it's a little odd for the ASPCA to be "relocating" these dogs that they are "rescuing." They are kind of rescuing and relocating them against their will, or at least under false pretenses. And they aren't the only group going into tornado and flood areas in the South and plucking dogs out of shelters and even out of people's yards and sending them north and elsewhere. It's kind of despicable, but there are a lot of shelters in the north and other places which are taking these dogs and then adopting/selling them, using the big selling point that they are "Tornado Dogs!" to get people to pay money for them. Again, their families don't have any idea what has happened to these dogs. And shelters are making money off them. It's a pretty rotten business. It stinks.

Actually this "relocation" business raises another troubling question. If dogs from southern disaster areas are being moved to shelters in other parts of the country, what happens to the dogs in those shelters? Are they being killed to make room for the more financially desirable "Tornado Dogs!"? Sure, those shelters may be less crowded, but they probably aren't completely empty. Who wants to buy a plain old local dog when a shelter can pimp a dog with a sad story that's been through a flood? I just wonder how many dogs are being killed as part of this "dog relocation program"?

Trunking?

Oh, yeah, there's one more story from Memphis that I wanted to mention. This one pops up every year or two and it always makes me roll my eyes. Ever hear of "trunking"? Well, don't feel bad. Most people haven't. That's probably because it comes from the tortured and alarmist brains of some animal rights people and doesn't really exist except in their fantasies. The story always comes from the same newspaper in Memphis and cites the same two women as sources. According to these people "trunking" is the new craze in dog fighting whereby dogs are thrown into the trunk of some ne'er-do-well's car and, while this person drives around playing loud music, the dogs fight in the trunk ... er, yeah. I'm not making this up. It's a sport or activity without any spectators which really makes no sense to me. And, no one has ever actually seen this event happen. Nor is there any evidence that this event has ever happened. But these ladies claim that this is the hot new trend in dog fighting. Yeah, sure. So, again, no witnesses, no evidence, no one has ever seen it happen. But the story gets reported periodically. I really think this is some kind of urban legend perpetuated by a couple of animal rights fanatics. Seriously, if you google the term "trunking" the only stories relating to dog fighting (and there are hardly any at all) go right back to these two women in Memphis. I really think they made it up and I feel kind of sorry for them if that's the way their minds work.

So, if you're in Memphis, being chased by a tornado, and the river is rising to meet you, watch out for someone in a car with loud music playing because he could have dogs fighting in the trunk. Okay? Just be careful out there. Memphis is really in trouble.

Moving To Tennessee? Maybe Not

Working with Tennessee Pet-Law, I get Google alerts all the time about various dog things on the Internet relating to Tennessee. I get alerts about rescue, HSUS, BSL, mandatory spay-neuter, dog legislation — you name it. Alerts all the time. Sometimes I get alerts when people are discussing Tennessee in dog chatrooms and message boards. That happened tonight when someone named NY Annie was asking for information about dogs and McNairy County.

Here's NY Annie's original posting asking for information:

The first, dog breeds that do well in the summer heat of south western TN and with the outdoors - farm country (south of Jackson). We will be surrounded by farms, next to, behind, and across from us and I am sure there will be chickens and other farm animals. I don't want trouble with my neighbors or want to worry that my dog escapes to go hunt on the neighbors' property. We also are surrounded by heavy woods, separating us from the neighbors, so there is always the possibility of snakes and other wildlife I need to concern myself with - both with the dog getting hurt by or chasing. While we will be taking in a rescued dog and I'll be getting a mutt, there are characteristics of breeds that will be predominant, so I'm just wondering what I should look for.

That's not so bad, right? But then NY Annie goes on to explain more about her situation and what she thinks life will be like when she moves to Tennessee:

My kitties are my pets - indoors at night, outside when we are - and perimeter trained. I've never had a dog house because none of my dogs were kept outdoors. They, like my kitties, are permitted to go outdoors to be with the family and to do their business - in a specific location and therefore must be perimeter trained. When we leave the property, they are leashed (wish we could do that with kids sometimes). And, just like children, pets are taught proper behavior - well, just like MY children...

Since we plan to spend almost all our time outdoors, it would be terrible to leave the pets inside. We just need to find a contractor to build our deck & pool next summer so it's ready when we arrive. The outdoor kitchen will be my next priority. We are designing it now and it will actually have more counter space than the indoor kitchen as it's where I plan on doing most of my canning. Of course I want my kitties and dog outside with me. And my kitties come when I use a certain whistle; just like all my dogs did.

This kind of stuff just drives me crazy.

I want to tell this woman DON'T MOVE HERE!

What is she thinking? So, she's moving to farm country, close to woods, and she's not going to have a fence. She wants to get a Beagle mix and "perimeter-train" it. OMG Am I the only one who thinks this is completely stupid? The Beagle part of that dog is going to be gone in a heartbeat. This is why we tell people ad nauseum to learn about breeds and mixes before you get a dog. Beagles are hunting dogs and they have strong instincts. I don't think any amount of "perimeter-training" is going to keep that dog in NY Annie's yard. Besides that, it's just not a good idea to move to a rural area and get a dog without having a good method of containment. You are asking for trouble if you don't have a means of containing your dog.

And, if that weren't bad enough, she's got KITTENS! She thinks she's going to perimeter train them, too? That's nice. What about all the big bad things that want to eat THEM? So, while she's happily cooking in her outdoor kitchen (please, who does that in Tennessee?), her dog has disappeared, and something with claws has devoured her kittens. Even if they are adult cats by the time she moves, they don't stand much of a chance against some of the things that can come out of the woods in Tennessee.

And I haven't even mentioned the kudzu that can swallow your pets, your house, and your car.

Why do people think they can move to Tennessee and do this stuff? Next thing you know, she is calling animal control about her neighbor's dogs that killed her cats, or her Beagle mix has been chasing someone's chickens and her farmer neighbor is threatening to shoot him.

And all of the other enablers on this site are just telling her what horrible animal owners there are in Tennessee. Yeah? Well, they're not the ones who are going to be having the problems this woman is going to be having!

Yes, this kind of thing does drive me crazy, and I read exchanges like this frequently when someone is thinking of moving to Tennessee. No, we are not hicks or hillbillies. We are not bad people and we do love animals. But that does not mean that you can arrive here with your pets and act as though everything should be done the same way as the place you left. IF you are moving to a rural area, the farmers and other residents were there first. They do not want your "perimeter-trained" pets bothering their farm animals. Some farmers WILL shoot a dog. That is a fact. And the law will back them up if your dog is bothering their stock. So, keep your pets safely contained at home. That will also keep them from being hit by a car, picked up by animal control, or becoming lost.

Contrary to what you may read on some of these "informational" sites, most people with pets in Tennessee do allow pets indoors. And we are not a state full of animal abusers. We love our pets just as much as anyone, anywhere. Please get some accurate information if you are thinking of moving to Tennessee.

Are there things in Tennessee that are different from some other states? Sure. Things are different in every state. I've lived in several states and I've never noticed much difference in the way people treat their pets. But you do have to check local laws wherever you live. Check the government Web site for the state, county, and city where you are thinking of moving. That's the best way to get accurate information. Find out if there is a city or county pet license. Find out how often rabies shots are required locally. In Tennessee you are only required to get a rabies shot every three years, but some cities and counties require them more often. Find out if there are any pet limits where you're thinking of living. There are few pet limits across Tennessee but some of the larger cities do have limits. Find out what the law says for an area before you move to Tennessee. And, for goodness' sake, if you don't like what you hear about Tennessee, please don't move here. We really don't need people to move here who think they can make our state into the place they left. If you like it there so much, stay there.

How To Find Information About Animal Laws In Tennessee

For those of you interested in knowing more about animal laws in Tennessee, check out the Michie site for Tennessee laws. Title 43 and Title 44 concern agriculture/horticulture and animals. Most of the laws applying to livestock and to pets are in these sections. That's where you can get the straight version of Tennessee laws. If you go to some other sites I'm afraid you will get an animal rights interpretation of animal law, and that includes the UT web site on animal law. They have a link to the Animal Legal Defense Fund, one of the most hard core animal rights groups in the country. ALDF is the group behind the push for an animal abuser registry here in Tennessee and elsewhere. The Animal Law Coalition site also tends to be AR-leaning in its interpretation of animal laws.

And, what is wrong with an animal abuser registry, you may be wondering? Well, for one thing, it's good way to ruin the lives of youthful offenders. Do you really want to put a young teenager on an animal abuse registry? Kids sometimes do stupid things that they regret for the rest of their lives. It's not a true indication of who they are when they are adults. Even if someone's name is removed from such a registry 10 years later, there is no way to remove all of the places where their name has been posted on the Internet as an animal abuser. Should someone really have to pay for some crimes for the rest of their lives? I don't think so, and neither do many other people.

Secondly, there is every indication that these offender registries don't actually work, judging by the lack of success with sex offender registries.

HSUS, ALDF, and AR supporters have been pushing the animal abuse registry bill in Tennessee for the last several years. So far it hasn't gotten very far. Let's keep it that way.