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The Honolulu Advertiser

Posted on: Saturday, May 10, 2003

Search warrant executed at condo holding 29 pets

By Zenaida Serrano Espanol
Advertiser Staff Writer

Lucy Kagan, left, takes photos of Hawaiian Humane Society investigators leaving her apartment after executing a search warrant there. Officials left with items that could be used as evidence if animal cruelty charges are brought.

Richard Ambo • The Honolulu Advertiser

A woman accused of improperly housing 27 dogs and two cats in a Hawai'i Kai condo said yesterday her only crime is having a messy home, which she described as a "warehouse" for household items.

Lucy Kagan also denied allegations from people who buy puppies from her that she failed to provide breeding papers.

The Hawaiian Humane Society yesterday executed a search warrant at the Villa Marina condo. Officials left with bags of items, which could be used as evidence if animal cruelty charges are brought against Kagan.

Officials who discovered the dogs in the two-story residential unit Wednesday said the animals were living in squalor. Trash and feces littered the condo, and a strong stench was present. Officials removed the animals.

Kagan yesterday said she uses the condo mainly to store items from her previous home and boxes of her older son's belongings.

"My (younger) son and I stayed in Kaimuki and in the country," she said. "We're renovating this condo."

Kagan said a caretaker who stays in one of the unit's three bedrooms was helping her tend to the dogs. Of the 27 dogs confiscated by the humane society Wednesday, Kagan said six are hers and she was "baby-sitting" the rest.

"When I left town for seven days, (the caretaker) fed them, he watered them but he didn't clean as well as I wanted him to," Kagan said yesterday.

"But they were fine."

In response to complaints that she has scammed people who bought puppies from her, Kagan said she has never lied to them.

A miniature pinscher, which was being taken to meet a buyer, waited in the back seat of Lucy Kagan's car during the search of her condo.

Richard Ambo • The Honolulu Advertiser

"We deal with a lot of people and there's, of course, problems," she said. "They get mad when their papers don't come in on time. I've told them to call me, put it in writing what's the problem and we will remedy it."

But customers like Mililani resident Ilona Washington, who purchased a $1,500 chihuahua on Jan. 17 from Kagan, said her e-mails and calls to Kagan for her dog's pedigree papers have gone unreturned.

"I'm really outraged, because I spent a lot of money ... and I'm waiting for the papers," Washington said Thursday. "I think that she should be stopped."

Six humane society officials, including four investigators, arrived yesterday at the unit on Kawaihae Place with trash bags, disposable cameras, plastic gloves, boxes and plastic bags to conduct a search and gather evidence for an animal cruelty investigation.

Two police officers accompanied them.

Kagan was not home when officials began their search at 11:30 a.m. She showed up about 30 minutes later and yelled at the investigators to leave.

"Get out! Get out!" she screamed. "Don't steal my stuff!"

Kagan said investigators were taking items that included jewelry and personal paperwork.

"I'm taking pictures of them taking ridiculous things that don't even pertain to this," said Kagan, who had a disposable camera.

Kagan calmed down and followed investigators around the unit during the search while drinking a can of iced coffee and taking pictures of officials gathering evidence.

Bryan Windisch, manager of field services for the humane society, said they didn't take any of Kagan's jewelry. "We're here to confiscate items that were related to our animal cruelty issue only," he said.

Within two hours, investigators completed their search and loaded a humane society truck with several trash bags containing evidence.

Windisch said they're going to go through the evidence to put a case together, which would take "at least another two weeks," he said. He would not say what they found.

Windisch said the humane society could issue a citation, which would be forwarded to the prosecutor's office for possible animal cruelty charges.

Animal cruelty is a misdemeanor with penalties of a $2,000 fine and one year in jail, Windisch said.

Kagan arrived yesterday at the condo with Norman Teixeira, who identified himself as Kagan's employer.

Teixeira waited in a car while Kagan followed investigators throughout the unit.

"We're supposed to go to the humane society to feed our dogs because they don't have the right type of food to feed them," Teixeira said.

A puppy was in a dog carrier in the car's back seat. Teixeira said they were going to the humane society to deliver the dog, an 8-week-old miniature pinscher, to a man who arranged to buy it. Kagan said they sold the dog for about $600 or $700.

Humane society spokeswoman Eve Holt said the confiscated animals "are doing fine."

Holt said the society released two of the confiscated puppies yesterday morning to their owner. Holt said dogs are released to people who can prove ownership.

Reach Zenaida Serrano Espanol at zespanol@honoluluadvertiser.com or 535-8174.