Friday, November 28, 2008

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New and sad discovery- and a plea to readers


It looks like the officer behind Brindi's muzzle order and her seizure and euthanization order - the man who swore an oath that she is dangerous and then took her out of my house and about 100 feet into public space without using a muzzle, Tim Hamm - is the same person responsible for last year's case of a dog with one incident of attacking a greyhound, and never bit a human, and was put down. 

Why am I not surprised? I am only surprised to realize that my first lawyer was fully aware of this connection and did not mention it to me. I wish I had known. I still don't know who the owner of that dog was and I would so much like to find out what happened - were they ever charged with anything? I only want to get the court records. It's not unimportant; there may be a very deadly pattern here that should be dealt with.

Apparently Hamm is speaking to others about my case. He is now claiming he never charged me with an offense because he thought I was too poor to pay the fine. That's what he says orally. (In his affidavit, he says other things. But the police file contains email correspondence between him and one of the owners that contradicts those things. It's provable but it just takes time - and this lost time is the crime in this case!) Mr. Hamm also seems to be claiming that he believed I would simply sign over Brindi, rather than fight to get her back. AS says most owners just do this. I don't know what their dogs did, but I would never just turn over a dog like Brindi and anybody who ever met me with her could tell that in a second. He sat and gabbed with me all about her for over an hour; he knew very well I wouldn't sign her over just like that - ever. You'd have to be deaf, blind, and thick to not see how much I love Brindi and how proud I am of her. In late July she was doing so beautifully. We had our routines worked out perfectly.  
  
I suppose the information I received is technically hearsay. But this is not an affidavit or a court of law, it's a blog. But there is also a report online about his past work.
Both of his claims are rather implausible in my view, based on my prior personal encounters with him, in which I was very clear about how important she is to me and how much I would do to insure she is okay and behind a fence - and gets extra training. Just not credible at all. 

The man had only two years of experience on the job, admitted he knows little about dogs, and had a bad back. One would think that he ought to be very concerned about taking a presumedly dangerous dog out of a house without putting on the muzzle he himself ordered (and used as grounds to seize her after a non-injury event). He signed an oath that she was dangerous; he ordered the muzzle - if he doesn't use it, and we know he is no dog whisperer, doesn't it cast some doubt on his own sworn statements?

What if it were true, what if Brindi were dnagerous? What if somebody had been walking a dog along the road just then? With his lack of experience and knowledge, he coulnd not have controlled her. He had no gloves or a pole or a muzzle. He was both breaking the order and risking public safety. She went quietly and obediently and sat curled up in the truck's refrigerator-like cage compartment, never making a sound. Was friendly as you could ever want. He knows very well that she is not a dangerous dog. And that is my claim.

Right now, Mr. Hamm may be the mainstay of the city's defense of my case against it and the law. So far none of the other dog owners have agreed to enter a statement (affidavit) against us. And in fact our case doesn't require them, since we are challenging the law. The city needs to defend itself regarding the soundness of the law. Today I received a second affidavit sworn by him that the city wants to use on Dec. 16. It does not relate to the principal issues of our case - and remember, we are bringing the case, I am not defending myself because nobody is charging me with anything. I wish they would, it would save a lot of money and time.) So that affidavit is something that actually does not belong in the courtroom. We have filed objections and are waiting the results but it is going to take more time.

I haven't been able to bring myself to read it just yet. I already had another totally sleepless night after receiving this information around 10 pm last night. I wish I had known it before I wrote the press release. How many more dogs has he caused to be put down?

I would like to say again that I am so terribly sorry about last year's case and I believe it was very wrong. I so wish it had been publicized because I really believe it would have garnered a lot of public support. It is a tragedy that it happened and a tragedy that nobody evidently knew about it. Would A300 be written the way it is now? I wonder. At the very least, I would like to reach out to that family and express my sympathy.

The danger is human and real and it is everybody's worry until things change for the better. And they are not going to change for the better until more people get upset enough to do something about it.


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