Sunday, October 6, 2013

I thought I was done with the Bones story, I was wrong

I was sure that I was done with the freak show that is the Bones affair but I was so wrong.  The insanity marches on.

Lets start with the Fourth Amendment  ""The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
This quote comes from "The Fourth Amendment specifically requires a law enforcement agency to possess judicially sanctioned search and arrest warrants, which are supported by probable clause, to be administered before a person’s property can be inspected."

This quote comes from  describing what a Private Investigator cannot legally do.
Trespass.  Private investigators cannot enter a property, house, or building through illegal means, including breaking and entering.  Though trespassing laws very from state to state, in some jurisdictions the investigator must have permission from the owner before entering a property.

The searches of the property formerly known as the North West Ohio Underdog Rescue were not headed by law enforcement with a valid court order.  The searches were not headed by a Private Investigator with permission by the owner, in this case Kat Sutter. Neither of these professions had the right to trespass on private property to search for evidence of a crime without a valid court order.  Why would the Lexus Project authorize trespass and search of private property by ordinary citizens and expect that any evidence found would be admissible in court proceedings against Kat Sutter?   The Lexus Project is made up of lawyers, why might they feel that they are above the law?   As disgusting as Sutter may be, she has legal rights.

Now that the illegal search of Sutter's property is complete the Lexus Project wants the public to fund the analysis of the illegally obtained remains of dogs that they did not own taken from property where they had no legal right to search.  The Lexus Project has set up a chip-in page for just this purpose.

The Lexus Project has continued to post details on their public Facebook page. Details of exactly how the Lexus Project intends to proceed indicates that the public is expected to foot the bill for legal action as well as necropsy costs.  In  a comment on the necropsy chip-in post a question is asked about setting up another chip-in to pay for a lawyer to "put (Sutter) away for a long time and ban her from ever having animals again." The response from the Lexus Project?  Business as usual.

The Lexus Project, Legal Defense for Dogs Right now the humane society is doing an investigation. If we need an attorney, we have one pro bono on stand by and would only need to collect for court fees as we do our usual cases.

In comments following a discussion of the death of another dog in the possession of North West Ohio Underdog Rescue The Lexus Project had this to say. "This is not about who sent her where, this is not about we save dogs that bite or are deemed dangerous and people don't like it, this is not about TLP stance on greyhound racing in the USA, this is about 2 dogs reported missing by the very person who vowed to care for them, only to be found mutilated in shallow graves in her backyard. 

People, get your priorities straight. - MK

There you have it.  The Lexus Project is well aware that their actions are not supported by the public.  "This is not about we save dogs that bite or are deemed dangerous and people don't like it."

Nope, the public sure doesn't like it and the public would like Lexus Project to "get their priorities straight." The goals of the Lexus Project are clearly out of touch with the priorities and safety of the public.

Update 10/3/2013  Please click here.  Per Northwest "Greg Willoughby of the Toledo Area Humane Society says his agency is investigating Ms. Sutter.  Willoughby is concerned that the Lexus Project's actions Wednesday night at Ms. Sutter's Luann Avenue home may hamper the investigation.  "It may make our case more difficult because we weren't there to witness it, our veterinarians didn't see the animals and our officers weren't part of it,"

Update 10/8/2013

This is what we may expect to see from any attempt to prosecute Kat Sutter using evidence removed from her property by volunteers sent by the Lexus Project without a court order. Let me set this up so you can follow the story.  Lee Coleman Krisle will go free after a judge ordered that key evidence must be suppressed.  Krisle was charged with eight counts of animal cruelty.

Per the Tennessean " The animal cruelty case against Robertson County businessman Lee Coleman Krisle has been dismissed after a judge ordered that most of the key evidence in the case be suppressed."
“I felt we did not have enough evidence to take what was left of the case to a jury,” said Robertson County Assistant District Attorney Dent Morriss. “So, I reluctantly dismissed it. At least we were able to get the animals that were there out of the situation they were in.”Krisle, 55, was charged with eight counts of animal cruelty in February. His original indictment, handed down by the Robertson County Grand Jury, claims that he failed to provide needed food and water, along with proper shelter and care for eight animals – seven horses and one mule. Documents also describe the mule as having an injured leg with wire wrapped around it."

This is one of Mr. Krisle's horses.

This is another one of Mr. Krisle's horses.  The mule was euthanized at the time the horses were picked up.
"At an August court hearing, Robertson County Judge Michael R. Jones ordered that evidence collected during a search of Krisle's property could not be used in trial because the search warrant was not valid, according to court documents.
The warrant was thrown out because an employee of the Humane Society of the United States signed it, but the employee was not authorized to do so, according to Krisle.  The rules of criminal procedure require that search warrant applications be made by law enforcement officers."

10/9/2013 update.  No charges will be filled against Kat Sutter.  Per the Dayton Daily News the executive director of the Toledo Area Humane Society  stated there is "insufficient evidence" to press charges.