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The Honolulu Advertiser
Posted on: Saturday, August 9, 2003

Dog owner may have dogs removed again

By David Waite
Advertiser Courts Writer

A woman accused of mistreating animals at her Hawai'i Kai condominium this year appears to be headed back to court Monday to explain why 14 of her dogs should not be returned to the Hawaiian Humane Society.

Lucy Kagan, accused in May of mistreating animals after 27 cats and dogs were found in her Hawai'i Kai home, confers with attorney Scott Strack at a new hearing.

Bruce Asato • The Honolulu Advertiser

The Humane Society confiscated 27 dogs and cats from Lucy Kagan's condominium May 7, but returned 11 dogs and three puppies to her July 29 after she signed an agreement saying she was moving to a Windward home and would allow unannounced inspections by Humane Society workers.

Linda Haller, director of shelter operations for the Humane Society, said workers visited the Waimanalo address several times, but never found her or the dogs at home.

The Humane Society yesterday asked for the return of the animals. During the Circuit Court hearing, Kagan said through her lawyer that she had sold 10 of the dogs, and put the four others into "foster care."

Circuit Judge Elizabeth Hifo gave Kagan until 5 p.m. yesterday to document the names, addresses and telephone numbers of people who have the dogs.

Humane Society spokes-woman Eve Holt issued a statement around 5:30 p.m. yesterday saying the information provided by Kagan came in after the deadline and was incomplete.

"Therefore, we felt it was appropriate to return to court on Monday," Holt said.

Kagan and her lawyer, Scott Strack, could not be reached last night to say why they missed the deadline to turn over information about the animals' whereabouts.

Lucy Kagan leaves Circuit Court, where she was ordered to list the whereabouts of dogs returned to her.

Bruce Asato • The Honolulu Advertiser

Hifo warned Kagan that if she did not provide the information by yesterday's deadline, she would have to return to court at 1:30 p.m. Monday and face additional court action, including the possibility of a court order that would allow the Humane Society to take the dogs again.

The animals were discovered May 7 after Honolulu firefighters responded to a small kitchen fire at the three-bedroom condo on Kawaihae Place.

The society issued a search warrant to collect additional evidence from Kagan's residence. At the time, the society said it had received complaints from people who had bought animals from Kagan. Bryan Windisch, manager of field services, said pet owners complained the animals were in poor health.

Windisch described the conditions in which the dogs were living as "horrendous." But Kagan said she was guilty only of keeping an untidy house, and has denied being cruel to the animals.

Pam Burns, president of the Humane Society, said the 11 dogs and three puppies were returned to Kagan on the advice of the organization's lawyer.

Humane Society records indicate that after the animals were confiscated, 12 dogs belonging to people other than Kagan that she cared for were claimed by their owners, and a miniature pinscher puppy died.

Haller said outside the court hearing yesterday that the Humane Society was continuing to work with the city prosecutor's office on an investigation that might lead to animal-cruelty charges.