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YELLOWSTONE COUNTY ATTORNEY'S OFFICE KNEE DEEP IN DOG POOP; GOOD THING THEY DIDN'T CONFISCATE COWS; COUNTY NOW FACING CIVIL KA-KA
by MONTANA NEWS ASSOCIATION
HONAKER LAW FIRM
Elizabeth J. Honaker, Attorney at Law
208 North 29th Street, Suite 206
P.O. Box 2236
Billings, MT 59103-2236
e-mail: HonakerLaw@aol.com
Phone: (406) 254-7172
May 1, 2009
Ingrid Rosenquist
Yellowstone County Attorney’s Office
P.O. Box 35025
Billings, MT 59107
RE: Linda Kapsa – Raids December 2008
Dear Ms. Rosenquist:
As you know, I represent Linda Kapsa in civil matters concerning the raids at her property by Yellowstone County (“County”), the Humane Society of the United States, and Dr. Rob Bruner on December 11 and 30, 2008, and the seizure and subsequent impoundment of her animals. We had hoped to obtain certain information concerning these matters in the civil animal welfare case you filed against Ms. Kapsa. Though, because you chose to move to dismiss the civil case, we have not to date obtained the information being requested.
In my opinion, Ms. Kapsa has the right to the following information that she is requesting. The matters addressed, for the most part, do not involve the ongoing criminal matter and should be public information involving a public governmental entity. While I realize that you have attempted to keep this information out of the public eye, I believe it does not constitute criminal justice information. However, in the event Ms. Kapsa is unable to informally obtain this information from you, we will presume that you have no intention in cooperating in providing this information to Ms. Kapsa, and she may have no other alternative than to file suit in order to obtain it.
That being said, kindly provide the following information no later than the close of the business day on Monday, May 11, 2009.
(1) Please identify the current whereabouts of the male English Shepherd, Mack; you have identified this dog in your records as L-14.
(2) Please confirm that, to date, a minimum of 47-51 animals belonging to Ms. Kapsa and seized from her property in December 2008 have died while in your care. If there is an update, please provide all documentation of such deaths.
(3) Please identify each English Shepherd or other bitch that was pregnant at the time of the second raid; the number of puppies born
in each litter; the date of birth of each litter; and the current status of the puppies.
(4) Please identify each English Shepherd or other bitch that was not pregnant at the time of the second raid but has delivered a litter since; the number of puppies born in each litter; the date of birth of each litter; and the current status of the puppies.
(5) Are any English Shepherds currently pregnant?
(6) Please identify any pregnant bitches whose litters were aborted while in the County’s care.
(7) I know you have previously informed me in writing that my allegations were unfounded that animals were injured at the time of the second raid. And, on two occasions, you have denied in person that any animal was injured or killed at the time of the second raid. However, I am again inquiring – were dogs injured at the time of either raid by choke poles, whips, farming implements, dragging paws across the snow and ice, by a stun gun, and/or any other source in the County’s control. If so, please identify the injured dogs and their current status.
(8) Was at least one dog shot and killed at the time of the second raid, or subsequently? If so, please identify the dog(s).
(9) Were tranquilizers utilized on any animals during the second raid?
(10) Concerning Ms. Kapsa’s English Shepherds that are described in your records, or Dr. Bruner’s records, as having wounds or soft tissue injuries after the second raid, have you determined the cause of these injuries? If so, please provide documentation of the cause of such injuries.
(11) Are you intending to charge Ms. Kapsa for veterinarian care of the animals that became sick or injured while in the County’s care?
(12) Please explain, with regard to the English Shepherd that you identify as “Kapsa-5,” why no protruding bone is evident in the photograph taken by the County on the morning of the first raid, and whether Kapsa-5 was further injured in the Animal Control vehicle or at Dr. Bruner’s office.
(13) Please explain whether the two pug puppies that were exposed to cold for several hours while in the Animal Control truck at the time of the first raid suffered “severe hypothermia” leading to their deaths.
(14) Ms. Kapsa reports that four specific English Shepherd puppies that were approximately ten weeks old died of the Parvo virus two days prior to the second raid and after their death were left in their outside enclosure in order to prevent the spread of the Parvo virus. The ground was too frozen for burial. It was widely reported to the public and the media by a Yellowstone County Commissioner that four English Shepherd puppies, approximately ten weeks old, died of “freezing to death.” Please provide documentation of proof that the cause of death was “freezing to death”.
(15) Please explain why chickens, which were housed in a chicken enclosure on Ms. Kapsa’s property that according to USDA specifications was large enough to house 45 chickens, were seized.
(16) Please explain how the majority of Ms. Kapsa’s chickens died while in the County’s care.
(17) Please explain the basis of Dr. Rob Bruner’s decision to euthanize eight of Ms. Kapsa’s chickens, injured by the dogs while in your care, at the cost of $45 per chicken, and whether you intend to charge Ms. Kapsa for this cost.
(18) Please describe Catherine Shaffer’s qualifications to care for Ms. Kapsa’s animals.
(19) Please identify who gave permission to microchip and train Ms. Kapsa’s dogs.
(20) Dave Pauli informed the public that the Kapsa dogs were not separated as to gender until two weeks after the second raid. Officer Fleming states in records that the dogs were separated the day of the second raid. Which version is correct? Please document.
(21) Please identify any animals that have been adopted out, given away, fostered out, sold, stolen and/or lost while in the custody of the County since December 30, 2008 to the current date.
(22) Please explain why the County waited for over six months after a citizen complaint before conducting the first raid on Ms. Kapsa’s property. Please provide all documentation.
(23) Please explain the basis of the County’s decision to allow your office to advocate for certain animal related bills in the 2009 Montana legislature session by describing the pending “Ballantine dog case”. Please set forth the dates that someone from your office testified in Helena on a bill? Please provide copies of any communications that your office had with legislators concerning the Ballantine dog case.
(24) Please explain the basis of the County’s decision, after agreeing to allow Ms. Kapsa a period of two weeks for her daughter, a licensed veterinarian in the State of Montana, to travel to Montana and give
updated rabies vaccinations to any dogs that needed one and to evaluate the animals, to breach your agreement and conduct the first raid. As you know, prior to the second raid, Ms. Kapsa turned over ownership of one-fifth of her dogs to Dr. Reisdorff, who vet-checked them and had them on their way to being adopted out, in a humane manner to the dogs and at no cost to County taxpayers.
(25) Please explain the basis of your decision to refuse to allow Dr. Reisdorff to come in and inspect the animals at the Metra and at Dr. Bruner’s office immediately after the second raid. As you know, your initial reason was because she was not a licensed veterinarian in the State of Montana, until you found out she was.
(26) You complained in your objection to Ms. Kapsa’s motion to continue the trial date that Ms. Kapsa refused to foster out or adopt out her dogs while they are impounded in the County’s custody. Since the Court has now ordered a 2-1/2 month continuance of the criminal case, Ms. Kapsa plans to begin selling, adopting out, and finding homes for some of her animals that are currently in the County's care. We hope you will cooperate in releasing these dogs to us as homes are found. It is our understanding that you no longer need to confine these animals as evidence.
If there are any copying charges, please let me know and I will immediately remit payment.
I have copied this letter to all persons in your office that I have had contact with regarding Ms. Kapsa and the raid on her property, as well as some of the parties involved.
Thank you in advance for your cooperation in this matter.
Sincerely,
HONAKER LAW FIRM
Elizabeth J. Honaker
EJH
Cc: Dennis Paxinos, Yellowstone County Attorney
Daniel Schwarz
Rod Souza
Kevin Gillen
Dr. Rob Bruner
David Duke
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