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The Honolulu Advertiser
Posted on: Monday, May 19, 2003

Warrant says pets 'dazed' in Hawai'i Kai condo

By Zenaida Serrano Espanol
Advertiser Staff Writer

A Hawaiian Humane Society investigator who responded to a Hawai'i Kai condo where authorities said 27 dogs and two cats were improperly housed said the animals were found "disoriented and dazed," according to a copy of a search warrant.

Lucy Kagan has said her only crime is having a messy home.

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"The animals appeared to be in shock and distressed," the investigator stated in the warrant.

The warrant also lists 19 types of items taken May 9 during a search by Humane Society officials and police. The items gathered could be used as evidence if animal cruelty charges are brought against Lucy Kagan, resident of the Villa Marina condo, Humane Society officials said.

Among the property taken: computer disks, a checkbook, a lease agreement, an American Kennel Club letter, a newspaper classified section, a file folder labeled "Dogs/Rottweilers '87" and refund checks.

The search occurred two days after the Humane Society took the animals. They were discovered by firefighters responding to a small kitchen fire at the unit. Officials said the animals were living in squalor amid trash and animal waste.

"We continue to gather evidence, and are working with the prosecutor's office," said Eve Holt, Humane Society spokeswoman. The society will continue to go through the evidence to put a case together, which may take at least another week, she said.

Kagan has denied allegations of animal cruelty and said her only crime is having a messy home.

Humane Society officials said animal cruelty is a misdemeanor with possible penalties of up to a $2,000 fine and a year in jail.

According to the warrant, the Humane Society investigator describing the scene at the May 7 fire said the three-bedroom condo had "an enormous amount of feces, too numerous to count, both fresh and old, throughout the premises.

"There was an extremely noxious stench permeating from the entryway into the kitchen and living room areas, which continued up the stairs to the second-floor bedrooms and bathrooms."

The investigator said the responding firefighters indicated they found most of the dogs contained in kennels when they entered the home. Several dogs were found loose within the residence.

"All of the kennels were filled with feces, urine and infested with insects, including cockroaches, flies, spiders and other pests," the investigator said.

The warrant was issued two days later, allowing Humane Society investigators to take photographs inside and outside the property, as well as gather "articles of personal property tending to establish the identity of persons in control of the premises."

Meanwhile, the Humane Society has since returned 13 of the 27 confiscated dogs to owners who have provided photographs and documentation proving the animals were theirs.

The remaining 14 dogs and two cats "are doing fine," Holt said.