Posted on: Thursday, February 3, 2005
Humane Society cites dog breeder
By Eloise Aguiar
Advertiser Windward O'ahu Writer
KAHALU'U — The Hawaiian Humane Society has issued citations against a Kahalu'u dog breeder on 55 counts of failure to provide necessary sustenance for his animals after the agency removed 64 animals Saturday from the breeder's home on Mahakea Road.
Meanwhile, three children removed from the home by police on Tuesday are still under the care of Child Welfare Services, which has initiated its own investigation. The children are two girls ages 9 and 12 and a boy, 14.
A lawyer for the children's parents said neither the children nor the dogs were mistreated or neglected.
"It seems like it's quite the travesty that having an investigation based on an animal charge should lead to the children being given to CPS. That's quite a stretch," attorney Melodie Aduja said.
"It seems highly, highly unfair because there is not evidence of abuse to the animals or to the children," Aduja said. "The HPD court order was totally unreasonable and this has probably caused excessive pain and suffering to the children."
Jacque Smith, Humane Society spokeswoman, said 55 citations were issued, not 64, because nursing dogs and their pups are covered under a single count.
Animal cruelty is a misdemeanor with possible penalties that include a fine of up to $2,000 and up to one year in jail. The issuance of a citation is considered a formal charge. No arrest is made and the next step would be an arraignment before a judge.
The Humane Society expects to wrap up its investigation in about two weeks and send the information to the prosecuting attorney, which would take any court action, Smith said.
The Humane Society removed the animals after finding unacceptable conditions, it said.
Acting on a tip that more animals might be at the kennel, the Humane Society returned there Tuesday with police, but found none. That's when the police determined that the condition of the house was unsafe for the three children and removed them.
"The parents are providing a safe home," Aduja said. But she said she and others would help them clean the house today.
The state Department of Health brought the situation to the Humane Society's attention, she said.
The animals that were removed included a litter, and two of its newborn puppies died while under the Humane Society's care. The kennel bred mostly small dogs including Shih Tzu, pug, corgi, a mixture of pure breeds and poi dogs.
The Humane Society decided to remove the animals after the owner failed to bring the kennel up to a minimum standard, Smith said, adding that the shelter gave the kennel owner two weeks to make improvements.
"When he failed to do that we felt for the duration of the investigation the animals are going to be better off in our care," she said, adding that taking someone's animals is always a last resort.
Adequate access to water, protection from the elements and their living quarters were unacceptable, Smith said. Aduja disputed those allegations, and said the Humane Society issued its notice on Jan. 20 and expected improvements by Jan. 24.
Residents have been calling the shelter offering to adopt or care for the animals until the case is resolved, she said. Where possible, the confiscated animals will be placed into foster care.
The shelter is always in need of foster care homes, but Smith said people must remember that a pet placed in foster care may eventually be returned to the owner.
"The Humane Society has received calls of support and encourages those who want to make a difference in the lives of animals to volunteer," she said. "There's an ongoing need for foster families, as well as dog walkers and exercisers.
Donations of dog crates, clean towels and baby gates are also being sought, Smith said.
She said people who are in the market for an animal should always insist on inspecting the area where the animal is kept and ask how often an animal is bred.
Eloise Aguiar at eaguiar@honoluluadvertiser.com or 234-5266.
