City Government as a Blunt Weapon

What’s up with Littleton, Colorado? Here’s the contents of an email from a person who does — or did — dog rescue when Littleton decided to declare war on multiple pets.

Visit Attleson Dog Defense to get contact information for Littleton city officials.

Below is an email from a long time friend of mine who has English Setters and does a bit here and there of handling. Bob has been extremely active in All Setter Rescue for a long time - even before it was consider a problem. A bit of background before you read his email .. about 18 months ago, Bob and Melissa (who he’s lived with forever), purchased the house next door to their’s. More as a tax deduction as their house had been paid off some years before. At some point in time, the City of Littleton changed the number of MAMMALS (to include dogs, cats, gerbils, etc.) on one property and didn’t grandfather Bob in. So with the purchase of the house next door, Littleton just freaked out a bit and then revised the law again stipulating if you owned two properties within the city limits the maximum was to still be THREE. So they started hasseling Bob and he kept on his normal low key way of dealing with it, but knew he had to purchase property away from the metro area. He would have been out earlier, but it is a bit hard to get fencing up in the winters around here. So from here, you can read Bob’s email:

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Hi All,

Thought that I better touch base and let you know that I am still out here and, as yet, not in jail (but of course working on it).

As you know, Littleton broke into both of my houses in Littleton on February 15, 2008, after making sure that I was not there, and took one adult dog out of one and three adult dogs and four 9 week puppies out of the other. Bashed the front door in with a battering ram used for drug raids, to get at the one dog, and broke into a back door on the other house and then broke blinds, screens, etc., in order to hand the dogs and puppies out through the window of the second house. All this with four police cars, at least six patrolmen, two animal control trucks (Littleton only has one), animal control officers. As told me by my neighbors, there were zoning and other people, while my neighbors watched in horror as to what was happening.

I need to note again here that there are no known complaints about me and/or my dogs, or number of dogs, from my neighbors. The day before, I finally told the city that I had the place out at Strasburg (actually said that it was 60 miles away as they wanted the complete address) and that all dogs would be moved out there by Monday night February 18th. This appeared to be okay with them and a meeting was set up for 10 am Tuesday, February 19th. with animal control to verify. That was my mistake because I allege that they then went back to City Hall and laid out the plans for the raid the next day. The Court then called an emergency hearing for Friday morning and left a phone message for me to attend, knowing full well I would be at the Denver shows. When I did not show up as directed, I was declared a fugitive and they proceeded with their raid.

They actually staked out my house (according to one neighbor on the corner where they saw their car parked) and waiting until they saw me leave with three dogs to go to the show that day. They had verified the day before that I was going to be at the shows all four days. After I left, they attempted entry, and then went back to the judge for a forcible entry warrant, which they exercised about 4 pm that afternoon. Quite a show and very upsetting for my neighbors who witnessed it.

Melissa came to the house about 6 pm to check on the pups as I was still at the show (going Best Brace in Show with two of my mistreated, neglected and abused 8-1/2 year old English setters; Pig & Joe). I can only imagine her horror finding the houses broken into and the dogs and puppies gone. Freaked her out and she could not reach me because my cell was off at the show. She caught up with me at the show just after I had finished getting my show photos shot.

The paperwork that she found at the houses demanded that I bring to the city the 3 dogs that I had taken to the show. Of course they expected I would do this immediately but instead they went home with me to Strasburg. The paperwork they left also had the judge’s orders that the dogs taken (plus the three at the show) were not to be returned to me, my agents, or anyone that might be suspected of being a straw buyer/adopter for me.

The shelter where they were taken is the same one that was in trouble last fall with the State Attorney General. It cannot and allegedly has not passed minimum state standards (PACFA) for a number of years. It was here that the city felt that the dogs seized would be safer than with me even though the city had canceled their contract with the shelter last fall Almost all other public contracts with this shelter have been canceled. It should be noted here that the animal control officer for Littleton, used to work for Colorado Humane Society, and before that worked 11 years in animal control in San Diego, California.

Try finding a criminal defense attorney (especially a good one) on a Friday night before a three day holiday. Also note that this raid was done late on a Friday afternoon before a 3 day Holiday where no City Offices would be open until Tuesday.

I was fortunate and well taken care of by friends in the rescue side of the dogs, and by 9:30 am Saturday morning I was talking to my lead attorney on the phone. I met with both of my attorneys at the show on Sunday. They prepared the Emergency Motion On Illegal Seizure Of Property that I believe I sent to you last week. They also contacted the shelter where the dogs had gone. By Tuesday morning, all involved city departments and the shelter were put on notice that we were coming. My lead attorney, Susan Martin, came highly recommended by the prosecutors and others in the Denver District Attorney’s office.

We could not tell if an arrest warrant had actually been issued, so I started staying out at the Strasburg house Friday night and each night since. To make this short, we ended up getting a 3 pm emergency court hearing on Friday, February 22 with the city. Our priorities were to get the dogs back; then keep me out of jail; then deal with the charges, etc., and then get mad. When they offered to return the dogs in pre-hearing negotiating, we jumped at it. As a consequence, I had to agree to a number of outrageous terms including; 3 year deferred jail time, up to $3,000 in fines, $1,000 board and care costs on the dogs, 3 years unannounced access to my houses and I cannot be caught with a dog anywhere within the city limits (not even my vet’s office). Also required a professional inspection of my Strasburg place, and that I must plead guilty to all charges brought against me. Hell of a price to pay to get my dogs back, but the only way, as they were holding them ransom so that my motion against them would not see the light of day in their court.

Then for good measure, they added a number of additional charges/violations (mostly bogus) against my properties based on everything from the city codes to the International Property Maintenance Code (?). Most all of these violations are unspecified and are for failure to remove outdoor storage and rubbish, and failure to maintain plumbing, a clean and sanitary structure and maintain interior surfaces. We begin the fight on these tomorrow morning at 10:30 am. They have been inspecting both houses in Littleton since September 6, 2006 and now bring these additional charges. In my opinion, these charges are being brought in reaction to my bringing an attorney to the table, as this has happened before.

I emphasize, that no abuse, neglect, or cruelty charges have ever been brought against me, none at all, in the previous years of ongoing inspections. These claims were used by the city to justify their seizing of my dogs for their own health and safety. However, if they thought that they could prove such charges, I am sure that they would not hesitate in bringing them forward. That should say something for their strength, or lack of strength in their case and arguments against me.

The important thing is that I do have the pups and dogs back and I am not in jail. Pups and dogs are doing good, primarily because they were a good healthy state when seized. The puppies were down considerably in weight and body tone, and dehydrated, but they have responded well since I got them back Friday night. All were over medicated, including shots, if the reports that I was given on them are correct. The adults received DVM care, but the puppies were not seen by a vet. The report is dated February 22nd., the day they were released to my agents. The puppies were kept at Mary Warren’s house in Conifer {SALLY: GOOGLE Mary Warren & Colorado Humane Society} If we can get to next Monday or so without anyone getting sick, we should be okay on the short term as far as catching something from the shelter and captivity.

Over 45 people attended the hearing last Friday in support of me against the city. Someone started passing the hat for financial help, and $865 was collected. All sides of the dog game (showing/breeding, rescue, and welfare) were represented. This was put together in less than 40 hours notice.

Channel 7 news video team showed up and videoed after the hearing in the court lobby and at the location where I met with the recovered pups and dogs. I was not allowed to go to the shelter to claim them; only my attorneys, Melissa and other supporters to help with getting the dogs and transporting them to where they would meet up with me and the press. The bill to have them released was $1,100. My attorney had to call the Englewood police (two cars) to come out and enforce the court order to release the dogs to her. She also has filed assault charges against Mary Warren’s husband, Bob, and other charges against Mary, with the cities of Englewood and Littleton, Arapahoe County, and the state attorney’s office. She was pissed.

Sadly, it’s not over yet, but at least I have the dogs back, and I am not in jail. Littleton has started damage control with a press release, but is still having to answer to complaints from citizens and non-citizens. It has been given to all the major TV stations in Denver but so far has not been aired that I know of. It is coast to coast on the Internet and is getting put into dog related publications’ web sites. A defense fund is being set up to help defray my legal expenses, something that was recommended by those in attendance at the hearing.

My cell phone does not work well out here in the country, and of course I am not around Littleton much anymore except to begin moving from the residences there to here. The best number now to reach me at (after trying my cell) is 303-622-4488, and of course by email.

Sorry about the length of this.

Sincerely,
Bob

AND THIS IS FROM AN EMAIL THAT BOB SENT TO ME THIS MORNING …

After the dogs were seized 2/15, I made the decision that I had to just go really public about what has been going in Littleton the past 18 plus months. I hoped for some reaction and support, but never expected or fore saw how this has taken off and all of the support offered. To walk in that packed court room on the 22nd really blew me away, and I felt bad that I was having to plea bargain such a bad deal just to get my pups back. Susan (my lead attorney) and I had decided at our first meeting the priorities were, first to get the pups/dogs back or at least safe; second to keep me out of jail; third to rectify/overturn/correct what had been coming down; and fourth, get angry and revenge. We did not really believe that we could get the kids, but thought keeping me out of jail was possible. Appeal to higher court would have to take care of #3, and #4 would have to been in civil court and the arena of public outrage toward Littleton and the Littleton Municipal Court.

Susan & Ruthann put together an excellent 17 page motion and off to races we went. When Katz (the short prosecutor) offered return of the kids, I felt that I had no choice to but bargain to that end, whatever it would cost me. Thus we both won; I got my kids back and Katz could continue to exact his revenge on my head and succeed in his original goal of running me out of town. So I am still Littleton Public Enemy Number Uno, but the pups and adults seized, plus the rest of my beasts are safe in Strasburg (often referred to as “Defoe”) for at least the time being.

Now, without Katz being able to hold my kids for ransom, Susan, Ruthann, Melissa, and I can get mad. It is now my turn, but it is going to costly emotionally and financially. Katz has now moved toward condemning my two houses in Littleton, and, as of yesterday, filed charges against Melissa who now has a court date 3/12 to answer the charges revolving around 6519 {SALLY: for trash on the lawn!} I am due back in court 3/26 I believe.

Enough of the soapbox. Thanks for your help and support. This should be interesting, but it is needed to protect us all. If they can come after me this way, they can go after anyone in dogs.