About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2001 Animals' Advoc. 1 (2001)

handle is hein.animal/aniad0020 and id is 1 raw text is: THE QUARTERLY NEWSLETTER OF THE ANIMAL LEGAL DEFENSE FUND  SPRING 2001 #1
From Fire to Fr y in                                   Pan
How forfeiture

laws mistreat
abused animals
soft brown eyes and a glossy,
N ellie is a mixed-breed dog with
brown-and-white coat. She was
forced to live in a cage for over
22 months at a humane society in the
Willamette Valley in Oregon until her
owner was found guilty of animal
neglect and sentenced to jail. Like
countless other animals, she was vic-
timized twice - first by her owner,
and then by the legal system that's
supposed to protect her.
Nellie lived on a school bus with
116 other dogs, four cats and two
chickens who belonged to an animal
collector named Vikki Kittles. On April
15, 1993, Clatsop County Oregon Ani-
mal Control Services seized the ani-
mals. They were malnourished, coated
with urine and feces and had sores
from lying in their own filth. While
Kittles' case dragged through the sys-
tem, the dogs were held at various
shelters throughout the state. Only

when the court finally declared that
Kittles had no custody rights to the
dogs did they become available for
adoption.
Tragically, today - eight years after
that shocking case - little has changed
for abused animals. When animals are
removed from cruel or neglectful situa-
tions, they are still too frequently
impounded for months or even years
until the criminal case is settled or
results in a conviction.
Rescued animals arrive in shelters
traumatized from their ordeal, which is
then compounded by extended shelter
stays. Nellie's guardian, Jean Kunkle,
recalls the first days of owning the dog.
I called her Nellie because she was
such a nervous Nellie, she says. She
was too afraid to go out in my back-

yard by herself. She wouldn't eat or
drink water when I was in the room.
She shook in fear.
Animal shelters and humane soci-
eties are also harmed because of the
high costs involved in caring for mis-
treated animals over an extended peri-
od. This is an egregious situation in
animal collector cases, which often
involve large numbers of animals.
Typically, animal care agencies don't
have the financial resources to care
for so many animals - it means sup-
plying food, housing and medical
care.
Most states have laws providing
that a defendant's rights to animals
seized in abuse and neglect cases may
be forfeited after conviction. A dozen
continued on page 4

PRINTED ON RECYCLED PAPER

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most