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Denali & her fight for life - UPDATE - June 26th 2005

 

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  For those of you who have been following the case of the Female Pit bulldog in Wasco County Oregon, "Denali" CDT has provided a copy of letters and documentation  passed from CDT Rescue to The "Powers that be" In Oregon, Please be patient as we will be updating the information as we receive it, Until then , please review any and all of the documentation we have thus far.  
     
  Below is a letter sent to Judge Erickson from CDT as well as his response, as well as Editorials that were in the Dalles news Publication :  
     
 

Dear Judge Erickson,

 

I am contacting you in regards to the female pit bull referred to as “Denali”.

 

 I have been in contact with Mr. Babcock on this matter on several occasions.

 

Recently I sent an e mail offering sanctuary for this dog. I offered this to

Mr. Babcock to pass along to the courts during her hearing. As of this date no

one from the courts has contacted me regarding this offer of sanctuary for this

animal.

 

I felt compelled to e mail you directly and go over the situation this animal

would be entering into if there is a decision made allowing her to live and be

relocated into a safe haven.

 

I operate my own rescue here in the state of Indiana, where I also am employed

by Animal control for the county.

 

My Goal here with my rescue is to not only rescue, but to educate the public on

the proper care of dogs, I work closely with several individuals maintaining a

data base on animal laws as well as animal welfare issues from both the animals

perspective as well as the communities perspective, I have had great success in

furthering education on both sides.

 

I am very strict and diligent on maintaining an active role in many animal

welfare organizations as well as the school programs on animal education.

 I am also currently the co sponsor for a high school k-9 service program,

which involves teenagers getting hands on experience with animals at an age

where they can be most impressionable, I feel that involving the kids in animal

care and rescue  at the high school level makes a stronger more well rounded

young adult.

 

Working in Animal Control myself, I have dealt with many animal abuse cases, as

well as working with the courts, and or prosecutors on difficult cases.

I have worked in rescuing pit bulls from areas where there have been Breed

specific legislation in effect. In most have been approached by the animal

control facilities directors and asked to help them.

I assure you I have a very upstanding place in the community as I welcome

anyone to inquire into.

I maintain current records on any and all of the dogs in my care. All records

of which are on file with the local animal control facility.

 

 I became deeply involved in the pit bull dog via an animal cruelty case we

prosecuted 4 years ago, in which 2 baby pit bull puppies were bound and gagged

at the mouth with duct tape and had their ears severed off brutally with a pair

of office scissors, we seized the animals, issued a search warrant and the case

went to trial, we got a guilty verdict and the man was sentenced to 1 year in

jail.

The dogs are in the care of my Rescue to this day. Very healthy very friendly,

socialized & trained in obedience.

 

I understand that Wasco County is concerned about the liability with this dog

leaving its county to enter another one; however, I would be open and willing

to at least discuss her situation with the courts if I may.

 

 

I do not take my rescue work lightly by any means, as a matter of fact. We are

very diligent here with the protocol our rescues have.

I do not allow situations where I feel would set a dog up for failure. The dogs

I have dealt with in the past and currently are very sound, well rounded dogs.

 

We feel that sanctuary for this animal is possible and very realistic, I

believe if we were to be able to present a situation where as the animal could

have annual or bi- annual checks set up for the remainder of her life through

your animal control or courts  to ours to ensure her whereabouts here at casa

del Toro, I feel confident that this could be a step in the right direction in

resolving this matter for all parties involved. 

 

I ask that you please review my offer to help Denali reach sanctuary placement

with us.

I offer any and all of our rescue information to you upon your request.

I am including a daytime phone number where I may be reached from 8:00 am

central time to 4:40 pm.

As well as an evening number.

I’m also including a link to our current website where you may access our site

and read more about what we offer here.

 

Sincerely,

 

Laurie Adams

Casa Del Toro Pit bull Rescue

http://www.casadeltoro.org/

 

 
     
  Judge Ericksons Response:  
     
 

Dear Ms. Adams,

 

The County Court (County governing body consisting of two Commissioners and the Chairman whose title is Judge) voted to deny the motion to "Reconsider" and our "Findings and Order" were sent out on Thursday, August 9. The appeals period deadline is August 23.

 

Concerns the Court has to relocating the dog are numerous as are the facts the Court had to deal with.  Unfortunately, a decision has been rendered and the time for providing information for that decision is past.

 

For my own information, do you notify local governments (city and county) when you bring relocated dogs to their jurisdictions, knowing that they have been declared public nuisances and have histories of actually biting or attacking people? And, are the dogs adopted out to all parts of the country or do they go to (your) local area residents? If so, do your local jurisdictions have concerns about that?

 

Unfortunately, the issue has become focused on pit bulls by the owner via her legal counsel and advocates. Our issue is, and always has been, public safety, whether it be our own constituents or those of someone else.

 

Sincerely,

 

Dan Ericksen,

Wasco County Judge   

 
     
  BELOW IS A RESPONSE WE RECEIVED AFTER A MOTION FOR CLEMENCY WAS FILED:  
     
 
The Wasco County Court denied reconsideration and ordered Denali killed.  Orders arrived in this morning’s mail.
 
     
  ANOTHER PLEA WAS FILED IMMEDIATELY AFTER THIS !!  
     
 

On Tuesday, September 7, attorney Robert Babcock, filed a motion for

reconsideration with the Wasco County Courts of the death sentence imposed on

Denali,

a young tan and white pitbull. Denali jumped upon a child when he came to the

door, scratching his chest and causing a minor (1/8 inch) puncture near his

thumb.

 

Laurie Adams of Casa Del Toro Pitbull Rescue, a respected pitbull

rehabilitation program in Franklin, Indiana, has offered sanctuary space to

Denali.

 

Please write the Commissioners of Wasco County asking them to reconsider

Denali's death sentence and allow her to go the Casa Del Toro Pitbull Rescue.

 

 The motion for reconsideration follows with contact information.

 

Motion for Reconsideration filed with the Wasco County Court, September

7.2004.

 

"Karissa Ball requests that the County Court reconsider its oral

determination that her dog "Denali" be destroyed as a public nuisance.

 

At the close of the original proceeding, counsel for Ms. Ball advised the

County Court that there were alternatives to Denali's destruction that (a)

would assure the public's protection from the dangers allegedly posed and

(b) would prevent the needless taking of Denali's life.

 

Attached to this Motion is a copy of an e-mail from the owner of a Pit Bull

rescue organization - Ms. Laurie Adams of Casa Del Toro Pit Bull Rescue in

Franklin, Indiana - confirming the existence of that alternative.  Ms. Adams

is available to be contacted by any members of the County Court to answer

any questions or concerns about her organization and programs.

 

Even if one does not share the view that destruction should be the last

resort for animal enforcement efforts, there at least three reasons why

acceptance of Ms. Adams offer is in the county's interest.

 

First, the hearing in this matter was held on the same day that the county's

agreement to transfer management of its animal shelter to Home At Last was

finalized.  Home At Last seeks to preserve animals' lives whenever possible

through effective animal adoption and placement efforts.  Ms. Ball's offer

provides the opportunity demonstrate that the county's humane shelter

policies are consistent with its enforcement practices.

 

Second, the organization offering sanctuary to Denali is part of a

nationwide animal welfare movement that can offer resources and

opportunities - especially significant in the case of Pit Bulls - that would

aid Home At Last's efforts.  Acceptance of Ms. Adams' offer would provide

improved access to those resources and further enhance the reputation for

humane programs that the county's agreement with Home At Last established.

 

Third, whenever a county aligns itself with organizations devoted to the

protection of animals' lives, it becomes eligible for very substantial

financial assistance (up to $1 million) from an organization - Maddie's Fund

- headquartered in San Francisco.  Wasco County's contract with Home at Last

is a first step in gaining that financial assistance.  Acceptance of Ms.

Adams' offer and participation in the national programs would be important

additional steps to obtaining that needed funding.

 

By reconsidering its order to destroy Denali and accepting the offer from

Casa Del Toro, the County Court can prevent an animal's needless death and

improve its reputation and ability to continue the humane programs

established by the arrangements with Home At Life.

 

Ms. Ball is willing to relinquish ownership of Denali and forego appeals if

the offer is accepted.[1]   

 

          DATED:  September 7, 2004

Respectfully Submitted,

 

 

 

Robert E. Babcock, OSB #70006

 

1.  Because of some comments made by representatives of the District

Attorney's office, I would be remiss if I did not also note that killing

Denali because of Ms. Ball's inability to pay boarding and impoundment fees

in accordance with the "agreement" obtained at the time of Denali's seizure

appears to be inconsistent with Oregon law and a basis for civil action

against the county.

 

Brief Case Summary and contact information

 

On September 1, 2004, within minutes after signing a contract with Home at

Last Humane Society, a local progressive organization committed to ending

needless killing, the Wasco County Commissioners held a "public hearing" and

ordered a young female tan and white pitbull, Denali, destroyed for

scratching a child. The injuries included scratches to the chest accompanied by

one minor puncture wound near the thumb compatible with either a tooth or toenail.

It was a nonaggressive encounter and occurred when the child came to the door of

Karissa Ball's house as she opened the door. No animal behavior experts were

included in the hearing.

 
     
     
     
     
  UPDATE ON DENALI, YOUNG PITBULL ON DEATH ROW IN WASCO COUNTY, OREGON  
     
 

The Wasco County Commissioners declined a formal request for reconsideration that would have permitted Denali to go to Casa Del Toro Pitbull Rescue in Indiana where her suitability for adoption/permanent sanctuary/placement would have been assessed.

Following refusal to reconsider, a formal legal appeal was filed in Wasco County Circuit by attorney Robert Babcock regarding the county's jurisdictional rights in this matter. The hearing is scheduled for November 22, 2004 at 8:30 AM. All legal services are pro bono.

Should the appeal be denied this will then be appealed to the State Court of Appeals in Salem, Oregon.

A number of persons who called the Wasco County Commissioners requesting reconsideration reported that the commissioners and their representatives responded untruthfully treating this as if they were engaged in a political campaign that they had to "win" regardless of the cost to truth and due process. Spokespersons engaged in factual omissions and exaggerations as well as falsehoods. They exaggerated and distorted history and the current incident (which even the child's mother had at first described as minor and due to a toe nail puncture. Following the incident in which Denali had jumped up and down on the boy when Karissa Ball answered the door declining an invitation to join them they immediately went tubing for the afternoon on the river).

The county spokespersons also declined to note that responsible alternative placement at a sanctuary had been offered and lied that Denali if released to the owner, Karissa Ball, would continue to reside across the street from a school in a yard with insecure fencing. In fact, to deal with that concern, Ms. Ball had already moved elsewhere some distance away and had installed 8 foot fences at her new residence.

These reported county political behaviors prove an escalating concern that county political bodies should never be charged with judicial proceedings. In their management of animal control cases they have an absolute history of violation of fair process and kangaroo court proceedings. This practice occurs not only in Wasco County but also in many other Oregon counties where animal control cases are delegated to the local county commissioners for resolution.

Gail O'Connell-Babcock, Ph.D.
Citizens for Humane Animal Legislation/Watchdog
(503) 625-4563

 
     
   

 

June 26th 2005  
     

 

FINAL APPEAL FOR DENALI, YOUNG PITBULL CONDEMNED TO DIE FOR MINOR SCRATCH  
     
  Denali, a young pitbull belonging to Karissa Ball, has been impounded at Wasco County Animal Control since July 26, 2004. For nearly a year she has been restricted to the confines of a building.

Wasco County, Oregon District Attorney Leslie Wolff and the Wasco County Commissioners continue to insist through legal battles on forcing her death despite a long standing sanctuary offer from Laurie Adams of Casa del Toro Pitbull Rescue in Indiana. Laurie Adams not only is experienced in pitbull rescue and rehabilitation but also has been an animal control officer. Her offer stills stands. Wasco County doesn't care. They have now spent thousands of dollars of public monies pursuing this case when all along a cost effective humane solution exists.

The final hearing for Denali will be held in the Circuit Court in The Dalles, Oregon on July 8. The pro bono attorney who will be representing Ms. Ball on behalf of Denali is Robert Babcock. Although he has prepared a good legal argument it is an uphill fight.

Please protest Wasco County government's insistence on blood vengeance and the forcing of its "authority" regardless of the costs to Oregon's reputation, civilized values and public monies. There is a humane option. To kill anyway is unconscionable.

District Attorney Leslie Wolff has suggested that she will forbid Karissa Ball's visits to the incarcerated Denali unless she pays the now 7000 dollars of accumulated board. Karissa Ball has no money. There are other solutions.

Wasco County now plans to sue Ms. Ball and me, as a guarantor, for the 7000 dollars shelter costs accrued during Denali's incarceration. All they had to do was release Denali to the sanctuary long ago. But it is important to them to "win" at all costs to humanity and the public's monies.

Wasco County government's message is that those who make any attempt to exercise their freedom of speech or rights to public hearings will be severely punished. They will starve out those who protest by demanding hugely unaffordable fees, impose untimely delays and generate suffering both to the owner and the young dog.

They have refused all humane solutions that would effectively protect the public and spare Denali's life. All Denali has needed has been a good fence and care. That has now been proven in her long stay at animal control. Although Denali has sometimes been depressed, she has nevertheless coped well with the long confinement. They still want to kill her.

Their vigorous pursuit of one small harmless dog's life when all along a humane option has existed is intended to chill the exercise of civil rights. It is intended to be a lesson to all citizens who disagree with one of their findings that they will pay the price. That is how Wasco County government abuses its authority.

PLEASE PROTEST THESE ACTIONS



WASCO COUNTY OREGON ORDERS YOUNG PITBULL PUT TO DEATH FOR SCRATCHING CHILD



URGENT


On September 1, 2004, within minutes after signing a contract with Home at Last Humane Society, a local progressive organization committed to ending needless killing, the Wasco County Commissioners held a "public hearing" and ordered a young female tan and white pitbull, Denali, destroyed for scratching a child.

The boy had come to the home of 22 year old Karissa Ball to invite her to go tubing on the river with him and his family. When Karrisa opened the door, her
2 1/2 year old female tan and white pitbull, Denali, jumped on the boy scratching his chest and somehow causing a very small puncture wound on the webbing near his thumb. The boy and his family spent the rest of the afternoon tubing. The only previous complaints involving Denali involved a series of minor incidents, all occurring when Denali had slipped out of the yard.

The County Commissioners concluded that the small puncture wound (1/8 inch in
diameter) had been caused by a tooth and that, even if wholly accidental, resulted from a "bite." They then ordered Denali killed.

The county commission is a political body without judicial training or expertise. It has never been a fair venue for trying legal animal control cases. No experts in animal behavior were heard. Animal Control Officer Brad Heinige said that Denali was "unpredictable" because she had "good" and "bad" days at the shelter where she has been impounded for the last two months and should be destroyed. The commissioners asked the child's father for a "thumbs up" or "thumbs down" on Denali. As he had from the beginning, he demanded death.

The commissioners ignored the fact that Karissa Ball had gotten a new house and engaged in substantial efforts in securing against escapes in the hope that Denali would be returned to her. The Commissioners rejected all humane alternatives and refused to consider an offer of sanctuary placement or another home.

Karissa is 22 years old, unemployed with no money. The board already now stands at 7000 dollars. It is very possible that Denali will be killed even as the appeal is being prepared. County District Attorney Eric Nisley did exactly that several years ago during a similarly disputed case involving a Hispanic family, the Torres.

Please protest these actions as soon as possible. A county that has contracted with a progressive humane society to end needless killing should not engage in inhumane enforcement practices.

SOCIAL PROTEST SIGNIFICANCE

* Throughout most of Oregon's rural counties, animal control cases are
routinely tried in public hearings conducted by county commissioners rather than in established administrative or judicial proceedings. The process and outcome are political, encouraging commissioners to honor the wishes of their constituents and to reject traditional due process protections. Nadas, the malamute/collie mix, originally sentenced to death for chasing a horse and now at Best Friends sanctuary in Utah, was spared only by grassroots pressure from local, national, and international individuals and organizations. Only that same pressure will save Denali.

* When alternatives to killing exist, it is cruel and unconscionable to
kill. Alternatives existed.

* The Commissioners' focus on killing was largely driven by the fact that
Denali is a pitbull. Had Denali been an equally sized Labrador with a similar history, it is unlikely that death would have been the sentence. American
pitbulls have been targeted for destruction across this country.

PLEASE PROTEST THE ACTIONS TAKEN BY THE WASCO COUNTY COMMISSIONERS.

PLEASE POST AND CIRCULATE WIDELY
THIS COUNTY MOVES QUICKLY IN IMPLEMENTING DECISIONS


CONTACT INFORMATION

Leslie Wolff, District Attorney
Wasco County Court
Room 302
511 Washington Street
The Dalles, Oregon 97058-2237

Telephone: (541) 506-2520
Fax: (541) 506-2521

WASCO COUNTY COMMISSIONERS

Dan Ericksen, e-mail: DanE@co.wasco.or.us ( Mr. Ericksen is listed as a judge for county commission administrative proceedings. This does not require a legal or judicial background. Mr. Ericksen is an orchardist).

Scott McKay, e-mail: SMcKay2001@charter.net

Sherry Holliday, e-mail: SherryH@co.wasco.or.us


United States Representative for Oregon's Second District

Representative Greg Walden,District Two
1210 Longworth House Office Building
Washington D.C. 20515

Telephone: (202) 225-6730
Fax: (202) 225-5774
e-mail access go to www.waldenhouse.gov

District Office:
843 E. Main Street
Suite 400
Medford, Oregon 97504

Medford located in Jackson County, Oregon is the former home of Nadas, the young malamute collie mix now at Best Friends Sanctuary in Kanab, Oregon. His plight received international coverage when the Jackson County Commissioners condemned him to death for chasing a horse. He was released over a year later following the efforts of Last Chance for Animals in Los Angeles, California and internet publicity that mobilized widespread public protests.

Senator Gordon H. Smith
U.S. Senate
404 Russell Building
Washington, D.C. 20510

Telephone: (202) 224-3753
FAX: (202) 228-3997
access to e-mail go to website: http://gsmith.senate.gov

Governor Ted Kulongoski
900 Court Street N.E.
Salem, Oregon 97301

Telephone: (503) 378-3111
FAX: (503) 378-6827
Internet: www.governor.state.or.us/ 

STATE PRESS

Letters to the Editor
The Oregonian
1320 S.W. Broadway
Portland, Oreggon 97201
e-mail: letters@news.oregonian.com
FAX: 294-4193


LOCAL PRESS

The Dalles Chronicle
P.O. Box 1910
The Dalles, OR 97058

Telephone News: (541) 296-2141
News Fax: (541) 298-1365

Letters to the Editor, e-mail: dspatz@eaglenewspapers.com

The Oregonian, Regional correspondent: Wendy Owen
Telephone: (541) 296-0606
e-mail: wowennews@aol.com



WHEN HUMANE EFFECTIVE ALTERNATIVES TO KILLING EXIST ANIMALS LIVES SHOULD NOT BE TAKEN AS VENGEANCE TO PUNISH OWNERS.

FOR MORE INFORMATION CONTACT:

Gail O'Connell-Babcock, Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 S.W. Tualatin-Sherwood Road, Box 508 Sherwood, Oregon 97140

Telephone: (503) 625-4563
Fax: (503) 925-8299

e-mail: gocbwatchdog@aol.com 

For more on Oregon's animal control agency abuses visit:
www.mcasstopthekilling.com 
 
 

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