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.