I am in Desperate Need of Expert Advice on How to Fight an Erroneous I.D.
Posted by Leigh in Emotionally Speaking on 06-08-2008
We had a visit from the Humane Society today. They said some people down the street reported our black Lab, Cheyenne, as having attacked and killed their cat, and bit the owner when she tried to pull the cat away. People, I swear on my children that it was NOT Cheyenne. She is NEVER out of the house or the back yard; she was ABSOLUTELY, BEYOND ANY DOUBT in my bedroom sleeping with ME at 5:00 freaking A.M.!!
I don’t know what to do. They took her away! They took my precious girl away, and all because that person said yeah, that’s the dog. NO! IT ISN’T! I told the Humane Society lady that ALL black labs look alike, especially during something as frantic and scary as trying to pull an attacking dog off of your cat! And besides that, when they finally scared this dog away, it ran the opposite way from our house!!! IT WASN’T MY DOG! Again, she was ASLEEP in my room!!
So PLEASE, Anyone who knows how one can prove a negative; how one proves an I.D. is completely and utterly false, tell me! I have no idea how I can prove she’s innocent, and in the meantime she’s sitting in a cage at the Humane Society for the next week!
My heart is breaking and I can’t stop crying and I don’t know what to do. I guess all I can do is take it to court and fight it and hope and pray the judge sees there is no real proof and that the lady’s ID is erroneous, as she was traumatized herself and let’s face it, all black labs basically look alike, especially during the heat of the moment like that. I know, I’m repeating myself. I just don’t see how one person can say your dog did something and they can take it away from you with no real proof. I told the Humane Society lady to go get my neighbor’s dog then, because it came over and bit my Yorkie (which it didn’t). But I told her if that’s all you have to do, then she should go get that dog. She just stared at me. She said this is the first case she’s ever had where both parties are so adamant that they are right. She said everyone usually says “well yeah, it probably was my dog, it does get out sometimes”. I told her I would admit it, too, if it was TRUE, but it ISN’T! I promised her on my mother’s grave, and I have NEVER done that before for ANY reason, and never would if what I was saying wasn’t absolutely, 100% true.
If any of you know what I can do, please, please tell me. And thank you very much.
Leigh
Thougtprints we are so sorry this is happening to you! I’m sorry we do not know what to do. We will pray that they realize it is not your dog! Do you know of any other Black Labs in the neighborhood? Maybe finding another will let them know it wasn’t yours or at least show doubt on the Lady’s claim.
Your FL furiends,
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PS: Sorry I saw that your name is Leigh after I sent the comment!
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Hi there, saw your post on blogcatalog and had to say something.
This is really crazy, our society is so incredibly pathetic in it’s ignorance of how we treat animals. Truly sad. Not the many animal lovers, but the incredible number of perfectly healthy animals killed in shelters each year, etc.
That’s one reason we’re starting a doggie foundation, largely to raise awareness of these issues and help man be a better friend to our animal friends.
OK, to your issue, wow, that’s really crazy. Perhaps someone should need proof to show that it WAS your dog??
Just a thought, check out the PetFinder.com forums - http://forums.petfinder.com/ - that seems to be a pretty large community of dog/cat animal lovers and someone may have a suggestion there.
Also, you want to move on this fast. If you have any money available to you, contact a lawyer in your area, see if he/she will take your case to sue the local organization that came to take your dog. A serious substantial legal threat will often make people reconsider something that is obviously blatantly stupid and based in ignorance to begin with (as this seems to be at first glance and from this viewpoint) - i.e. reassess an indefensible position.
for finding a lawyer, just call any lawyer you know and see if you can get a referral to the type of lawyer who could help you… or do some google searching to determine the discipline… shouldn’t’ be that hard to narrow down… then talk to several and figure out how defensible your position is. And just a personal tip, never take no for an answer, at least not for a while - lazy people often say no without thinking about a complex situation, it’s easier. :-)
Good luck getting your baby back safely and soon.
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Wow.
I’ve never encountered a situation like this, thank God, but I understand your fear and frustration. Here are a couple of ideas: First, demand a hearing. Then, call your vet as a witness. He/she can testify as to Cheyenne’s temperament, and maybe the mean neighbor will back down if you call her bluff. Good luck Sweetie. You’re in my prayers.
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this situation is horrible! I’m so very sorry they’ve taken your dear pet. I’ll keep my eyes and ears open for any potential assistance you might employ. I’ll also be sending good thoughts your way for a safe and speedy return of your dog.
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how can this be how they just come in like that and just take Cheyenne away without any PROOF, this is outrageous. I had no idea the “Humane” Society was like that. Leigh, need to fight this,
everything Dan says, call everyone, call the all the News TV see if they can help…
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OMG! I’m stunned! This is absolutely wrong in so many ways. I would think they would have to do a DNA test or something to prove it was or wasn’t your dog. This just does not seem right and how can the Humane Society just assume it was your dog?
I agree with the person that said get a lawyer, fast.
You and your dog are in my prayers, I wish there was more I could do for you. (((hugs)))
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To all of you who have commented thus far,
I want to THANK YOU SO MUCH for your support, encouragement, advice and ideas. Just to let you know, I have contacted the Colorado Humane Society, the Humane Society of the United States (their legal dept.), and happened to locate the ONLY legal firm in Colorado who deals exclusively with animals, their owners and their rights. I just now shot them off an email. I hope to hear from them soon!
You can bet I won’t take this lying down! I will fight this to the nth degree! One good thing, I guess, is that we know the City Attorney, so when I go to court on the 27th he should absolutely know I’m not lying. And Lynne, that is an EXCELLENT point about the DNA test. Unfortunately, this rinky-dink town doesn’t do that kind of thing, nor do they have the budget for it. It’s all going to come down to her word against ours, and no longer is one innocent until proven guilty. Not even in the dog world!
Thanks again to all of you.
Now if I could just stop crying ….
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Good luck, my friend.
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I am so sorry. I can only imagine how awful that must be. I hope Cheyenne is back home very soon. I would contact a lawyer, perhaps an animal lover that might work pro bono
You and Cheyenne will be in my thoughts and prayers.
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Debbie — Thank you, my friend. I definitely need all of those things. I just really can’t believe this is happening. How can someone just simply point their finger and say that’s the one and they take it away without any proof??? It’s craziness, and I am SO WORRIED about her sitting down at the Humane Society all alone in a cage with a bunch of other barking dogs all around her. She is going to be so scared. It just kills me.
Susan — I actually have contacted a law firm (sent them an email tonight) that specializes in pets, their owners and their rights. It’s apparently the only firm like it in the entire state of Colorado. Keep your fingers crossed that they can help us! Thank you so much for your thoughts and prayers.
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Our whole family is so upset for you & Cheyenne. Good luck with all the ideas and contacts you’re trying - this is just outrageous.
Will they at least let you visit Cheyenne? I so hope she’s home where she belongs soon.
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Luxor — Thank you so much for your concern. I hope I hear from that law firm tomorrow. Maybe they can send them a letter or something demanding her release until there is proof. Or maybe that’s just my wishful thinking. I don’t know.
I think they’ll let us visit her. I hope so. Tonight there was a little thundershower, and I just sat here and bawled because Cheyenne is so afraid of thunder. I knew there would be no one there to comfort her.
Maybe I should start a letter writing campaign to the Humane Society. I wonder if that would just piss them off. *sigh*
My daughter and I are going to go out driving around late tonight to see if we can spot any stray dogs that match the description. Believe me, in this town there are black Labs and Lab mixes running all over! My own son found two Labs on separate occasions and adopted them because no one claimed them. I bet at least half of the dogs at the Humane Society right now are black Labs! I just don’t get how this can happen. I can’t even wrap my mind around it. It’s a nightmare.
Anyway, thank you again for your concern. I do appreciate it so much!
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Oh, Leigh, I’m so sorry! I wish I could help in some way. Please let me know how things go, I hope the legal firm will be able to help you. Thinking of you! *HUGS*
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leigh, terrible news! you have gotten good advice from this group and it sounds like you have ideas and resources available to you that can clear this up. keep us posted! btw - getting the local news involved may be a very good idea for a lot of reasons, especially in a small town.
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Oh my gosh how awful! I would be dying too, if this were me. My dogs are my kids. It is much too hard to tell black labs apart for those that are not familiar with them. I do hope everything turns out okay…
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If you can tell us which Humane Society to write to, we can ALL send letters/emails and ALL our animal loving friends will do the same, how about it? Maybe you can give us some guidance as to what to write here as you know the details, but I am willing to help as well as my whole family and EVERYBODY on my e mail list.
Also, I ask that you do one thing, even if it makes no sense to you, PLEASE as often as possible visualize Cheyenne coming home to you happy and healthy. Feel joy at being reunited, and be grateful for her return, even if it hasn’t happened yet.
Sending prayers and positive energy
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~~ House of the Mostly Black Cats and Robyn
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Kirsi — Thank you, my friend. The best thing you can do for me right now is keep positive thoughts and prayers. I appreciate your friendship so much!
PetMono — Thanks so much for your thoughts. Yes, I think you’re right about the media. Thought I’d begin with a letter to the editor of the newspaper, not only telling about my plight, but challenging the county law which makes it legal to seize someone’s animal with NO PROOF!
Cynthia — EXACTLY! I’m sure this woman could NEVER tell one black Lab from another! And with NO SIGNS whatsoever of having recently been in a fight to the death with a cat??? It’s just unthinkable! And yes, it feels like they took one of my children away. My heart has been ripped from my chest. Thank you for your good thoughts.
Rebecca — I’m actually considering that very seriously. If this doesn’t get straightened out by tomorrow, I will be posting their email and web site addresses front and center for anyone who wishes to take part! Thank you! Oh, and believe me, I envision Chey coming home to me constantly! I think it’s the only thing that’s keeping me going right now.
HotMBC and Robyn — The only problem is that I didn’t hear back today from one single organization or legal firm I wrote to! I am completely deflated by that fact. Not one single reply to my queries for information and/or help. I couldn’t believe it. So now I’m hoping it’s because they’re very busy and it will just take a couple of days to get back to me. I have to try to keep thinking positive, right? As hard as it gets.
TO ALL OF YOU —
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It is highly likely they can DNA test any saliva. I’ve not known black labs to do that, especially ones kept indoors and cared for regularly. It was likely a stray.
Labs are an extremely common dog.
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I’m so sorry to hear that this has happened to you and your dog. I’m a fairly new dog owner (mine is a black lab too) so I don’t have any advice to give other than to suggest that you try to contact some other lawyers while you are waiting to hear from the one that specializes in pets. I’d be horrified if this happened to our dog too!
The only other idea I had was to contact your other neighbors and see if they could vouch for you as in verifying that they’ve never seen your dog running loose in the neighborhood and that you are a responsible owner and that Cheyenne has good temperament.
Wouldn’t a dog that had just attacked a cat have at least a scratch or two or some bite marks on their face? If you do find any Black Lab strays check them for recent signs of injuries!
If there’s anything I can do - like sign a protest petition just let me know.
I just can’t believe the Humane Society would do this!
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I cannot believe this has happened to you, I have four beautiful dogs of my own, two of which i have raised from birth and if that happened to me I really don’t know what I would do, you are coping so well leigh, and with the strength I have seen you show I know you can fight this! When you post the email address, I hope it’s a comfort to you to find that they will be hearing all the way from england, praying for you and your cheyenne my thoughts are with you always x
I hope this is sorted out as oon as possible and I hope that the law firms will get off their lazy bum’s and do something about this!
p.s The idea of having your vet as a witness to her temperament is fantastic, and also try other people who know her. Don’t give up hope leigh!
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This brings tears to my eyes. I can only imagine what you and Cheyenne are going thru! We will definately
for you!! This is just mind boggling, that they could take your baby away with no proof! Only by someone’s accusations. Like u said, at 5am and in such a tramatic and scary situation, she is confused. I don’t think u have anything to worry about. Seriously, they don’t have any proof! Without that, their word is as good as yours! ::shaking head in disgust:: Leigh, we will for sure be keeping u and Cheyenne in our thoughts and purrayers! You will get her back, but it sucks that she has to sit there at the humane society without her momma. It’s just outrageous that they can do that. Sending calming vibes to Cheyenne during this difficult time for her and her mom. Can’t wait till she gets back to u Leigh. Keep us updated!! I’m sure u will!
Hugs,
Emma’s Kat (the human), Emma, Benji, Marley & Sammie (the woofie)
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What a terrible thing to happen, I’m so sorry. Definately ask your vet to verify Cheyenne’s temperament and I’d follow up your email to the law firm with phonecalls until you get a proper response. Remember the squeaky wheel gets oiled. Keep in daily contact with the humane society too, daily visits to see Cheyenne will emphasise how much this matters. Try and get a named contact there. How is Cheyenne with cats generally? If she’s good then maybe the humane society would be up for a test with a dog friendly cat(under full and safe supervision of course) The dog friendly cat could be in a cage or carrier and anyone observing would soon be able to tell if Cheyenne was showing any sort of aggression. Another quick thought, do you have any humane dog training people in or near your town? Ones with verifiable, recognised qualifications could do an assessment on Cheyenne to again add evidence that she is not a cat killer.
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I scrolled down and found your beautiful woofie family. I see u are owned by an Australian Shepherd as well. My parents used to raise them and they recently adopted a girl Aussie they named Blue. They are great dogs!
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What a terrible thing to have happen. You have had some good advice, but bombarding the shelter with emails or phone calls probably won’t help. You are already contacting a lawyer and have contacted humane organizations. Surely someone will get back to you soon! The suggestion about involving the media is a good one, as is a letter to the editor. Do you have a tv station close you could call and tell your story? Email them your story! And if they don’t do a story, then perhaps some of your friends could politely email them and suggest a story be done on this problem. Try to get them out to the shelter to film your dog. If you can get a picture of your dog sitting in it’s “cell” at the shelter, email it to the newspaper and TV and radio stations to elicit some attention. You want to be positive and polite, even though scared and angry.
We’ve all got our paws crossed for you, so we hope this is resolved in your favor SOON!
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Seriously i know you must be worried, but if your dog has never been involved in any other altercations like this she should be safe. Most places require a dog to be accused at least 2 times in order to be considered a menace and the 3rd time they’re put down. That is unless of course they cause significant damage to a human. As scary as it must be it doesn’t sound like you have much to fear. I know you must miss her though. I’ll pray that your doggie finds justice and that she gets to come home very very soon.
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@ An American in France, Tricia, lurcherlover, Emma’s Kat, Whicky Wuudler, Jan’s Funny Farm, Zippy, Sadie and Speedy and Nessa — From the bottom of my heart, THANK YOU. You have all given me such wonderful advice! Your support and encouragement are absolutely priceless.
@ Everyone — I simply cannot thank you enough for your rallying support. These past two days have been a living nightmare and continue to be.
Many of you have mentioned — and very correctly so, I might add — that I contact my Vet for vertification of Cheyenne’s temperament. Well guess what? He’s the DIRECTOR of the Humane Society! And you better believe I contacted him! I told him to go look at her and he’ll be able to tell right off the bat that she’s hasn’t been in any kind of fight whatsoever! Plus I vehemently told him that she was asleep in my bedroom with me, as were all my other dogs at 5 freaking A.M.! Guess what he said to me? Guess what my Vet of over 20 years said to me? “Well, I believe an identification has been made, and the cat was declawed. Your dog will have its day in court, as will you”. Can you believe that shit!!! Guess who’s finding a NEW VET!!!
Anyway, thank you again to all of you. I can’t even begin to tell you how much your support has helped to sustain me through this horrible nightmare. I love you all.
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i would take your side to the media for sure! get the community behind you.
also to a lawyer. this is so very wrong. i totally think you need a new vet.
also, is there anyone who can verify your normal wake up time routine??? anyone who usually sees you out at a normal time walking your dog(s) a certain time most days?
also, is there anyone in your neighborhood that gets up that early regularly that can say “i’ve never seen her or her dog out that early”
i grew up with labs and retrievers and can’t imagine them attacking anything!
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I’m so happy that you are getting Cheynne back. Please let me know when you have her in your arms!
The Cat Blogosphere members are writing to:
http://www.loganhumane.org/contact.php
to let them know just how INHUMANE and ILLEGAL this whole situation was!
I would encourage anyone out there to do the same!
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Like I said in the comment on the latest post, I emailed everyone I could think of, including Deb Taylor. And I posted it on our Cat Blogosphere… I notice a lot of friends have commented here. We all stick together, let me tell you. And Deb has an edge in that she is a paralegal, so I knew she’d get this moving.
I still cannot believe the HS came to your home and removed your dog. That has to be a violation of your rights.
If there is anything I can do, let me know. And I know you are getting Cheyenne, give her a big hug for me. I used to have a black lab, they are the sweetest dogs in the world.
ML
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Bless your heart. This is awful. Maybe you could insist that the Humane Society set humane traps in the area where the attack occurred to see if the stray may be caught, release your dog back to you, and see if the mystery can be solved. Humane traps are basically cages that are spring loaded to close when an animal steps on a platform inside. It can be baited with dog food. If they set the trap near where the dog was last sighted, maybe he’ll go inside. I hope you get your baby back.
Ann
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Have a trial and get all Matlock on them. Bring in another black lab and have them ID that one then bring in yours. GOOD LUCK!!
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It sounds like your vet needs some time with a dog trainer for an attitude adjustment.
Like people, animals have unique denture characteristics. it should be possible to run a comparison between your dogs dentures and the bite marks on the victim (preferably from a scalable photograph that was taken after the incident was reported). DNA would be possible only if they swabbed the bite wound for that possibility. Labs shed, so there might be hairs left from the offending dog that could be compared to your dog’s hairs. Theoretically, any dog aggressive/defensive enough to bite had a reason to do so, and would likely repeat that aggressive/defensive behavior when in sight of the victim. Unfortunately, the victim is not likely to agree to be near enough to test the idea.
Pets are technically property, and as such your lab is Constitutionally protected…despite local laws about “vicious animals.”
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ganghiss — Thank you so much for that information! Actually, the victim stood about 20 feet or so from Cheyenne to supposedly “identify” her and Chey did absolutely nothing — because she DOESN’T KNOW HER! Geez. You’d think “trained” HS workers would know a little bit about animal behavior, wouldn’t you? I guess not here where I live! Anyway, thanks again for the info. I sure will keep it in mind!
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I’m sure when it comes to court that it will come to light that your dog has not been in any kind of fight and is a kind loving creature, I hope for your sake that the judge(if thats how it works over there) will have enough common sense to see this and you will be reunited with your best friend, leave a comment or message telling us all when the hearing is and i’m sure everyone who has commented here will have you in there thoughts, praying for you always xxxx
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lurcherlover — Thank you so much for such positive and supportive thoughts. I’m hoping the charges will be dropped before we even get to court, but if not, then I certainly hope you are right about the judge having some common sense! So far no one else involved in this has.
Thank you, too, for your continued prayers. We can always use those!
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hi leigh, im just writing to say i hope things went as well as they possibly could for you and you have your dog back, and that you are still in my continued prayers
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Leigh Reply:
October 13th, 2008 at 12:50 pm
Thank you so much! I really need those prayers, as our trial date has been set for the 29th. Only two weeks away! I’m very nervous about it and am praying that the judge sees the truth. Again, thank you!
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