14 confiscated dogs returned

By Will Hoover
Advertiser Staff Writer

Lucy Kagan, left, takes one of 14 dogs from Hawaiian Humane Society staffer Diane Gordon. "I missed them and my son misses them and we love them..." Kagan said. Photos by Bruce Asato • The Honolulu Advertiser

Chihuahua puppies were among the 14 dogs handed over to the woman from whose Hawai'i Kai home 27 dogs and two cats were confiscated.

Pam Burns, president of the society, said that on the advice of the organization's lawyer, 11 dogs and three puppies were returned Kagan yesterday afternoon.

"It has been very difficult for all of us who have cared for the dogs," said Burns moments after Kagan retrieved the animals. "But, it is the right thing to do."

Burns said she believes that there is adequate evidence to pursue charges of animal cruelty against Kagan, and that the society turned its findings over to the city prosecutor's office about a month ago.

Jim Fulton, an assistant to city prosector Peter Carlisle, said the prosecutor's office is reviewing those findings and proceeding with the misdemeanor case.

He said the society had the right to confiscate the animals and hold them throughout its investigation. But he said Hawai'i law is clear that the animals can only be detained if Kagan were convicted of animal cruelty — and she has not been charged.

"It takes time," said Fulton. "There is a presumption of innocence, and probable cause, and we've got to be able to prove beyond a reasonable doubt."

On May 7 the Hawaiian Humane Society confiscated 27 dogs and two cats from Kagan's Hawai'i Kai residence and initiated an animal cruelty investigation. The animals were discovered 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 it had received earlier complaints from people who had bought animals from Kagan. Bryan Windisch, manager of the society's field services, said pet owners complained the animals were in poor health.

Windisch described the conditions under which the dogs were living as "horrendous." The state Department of Health had cited Kagan more than a year before for accumulating animal waste at the condo and made a half-dozen visits regarding reports of rodents and odors. But Kagan said she was guilty only of keeping an untidy house.

Other than to say she was pleased to get the animals back, Kagan said little when she arrived to pick up the dogs at 1 p.m.

"I missed them and my son misses them and we love them and we'll be glad to see them," she said.

Burns said she, Kagan and Kagan's attorney, David Klein, had worked out an agreement by which the society can make unannounced inspections of the dogs at the private windward residence where they will be kept. She would not disclose that location, but said it has been inspected by society personnel.

Eve Holt, society spokeswoman, said the location is not the one where the animals were confiscated.

After going through about 45 minutes of paperwork, Kagan cheerfully loaded the dogs and puppies into cages inside a gray Nissan Quest mini-van parked near the entrance of the building.

The dogs appeared to be in fine health and glad to see Kagan.

Picking up one of two miniature pinschers, Kagan said, "These two are for sale — they've got papers."

Burns said she was aware that Kagan has continued to sell dogs.

"I have been told that all of the puppies were pre-sold and that all of the adult breeding dogs are going to be kept by her," said Burns. "She has been selling quite a few puppies even since this has happened."

Ilona Washington of Mililani, who paid $1,500 for a chihuahua from Kagan in January and has yet to receive the dog's pedigree, was outraged at yesterday's developments.

"If it's a business, that's one thing," she said. "But if you're selling animals just to make money and don't care about the conditions they live in, that's another thing. I wish they hadn't given her the dogs back."

Humane Society records indicate that since the animals were confiscated, 12 dogs have been reclaimed by owners, one miniature pinscher puppy has died and three Maltese-mixed puppies have been born.

The society continues to care for two Pomeranians, a poodle and two cats taken from Kagan, pending the determination of ownership.