Below is a
press release about the conclusion of a
confiscation case in Florida.
.............................................................................
JUDGE ORDERS PINELLAS COUNTY SPCA TO RETURN
EXOTIC BIRDS AND OTHER ANIMALS CONFISCATED
FROM HOME OF PINELLAS COUNTY BIRD BREEDER
Lynn Andrews
is a breeder of exotic birds who keeps
breeding birds and other pets in her home.
Lynn is licensed and regulated by the
Florida Fish and Wildlife Conservation
Commission.
Lynn left for the weekend of September 9,
2006 to attend a two day bird fair. Prior to
leaving, Lynn made arrangements with a
friend, Cheryl Sawyer, to come feed and
water Lynn's birds, service their cages over
the weekend, and check on newly hatched
chicks in the nests. Lynn's teenage son, who
stayed with his older brother for the
weekend while Lynn was away, was also to
come to feed and water the other animals.
On September 10, 2006, while Lynn was away
from home, on a "tip" from a hostile
neighbor who has filed many unsubstantiated
complaints against Lynn in the past,
Pinellas County Sheriff's Deputy Amy White
went to Lynn's home to investigate barking
dog complaint. Deputy Sheriff White, finding
nobody to answer her knocks at the front
door, nevertheless went through gates and
entered the home through a back door which
she claimed was ajar.
Upon entering the home Deputy Sheriff Amy
White saw Lynn's birds, and she called
Animal Control. Deputy Sheriff Amy White was
apparently not aware that the Florida Fish
and Wildlife Conservation Commission has
jurisdiction over exotic birds and licenses
exotic bird breeders and made no attempts to
notify the Florida Fish and Wildlife
Conservation Commission to investigate to
see if Lynn's birds were properly cared for.
Although an officer from Animal Control
Officer came, they took no action.
Undeterred, Deputy Sheriff Amy White, who
apparently has no knowledge of breeding of
birds, then called the Pinellas County SPCA,
to come
to seize all of Lynn's animals, including
the birds, two dogs, a rabbit, and a turtle,
on the claim that they were neglected and in
distress. Most interesting was the failure
to even investigate any of the conditions
including an allegation that the dogs were
chained by Lynn and did not have adequate
water available, when the dogs were chained
up at the insistence of Deputy Sheriff Amy
White. The seizure of all of Lynn's animals
was unnecessary as was later determined by
the Judge Dorothy Vaccaro after a full
trial. The SPCA called out the media to
publicize the raid on Lynn's home and to
photograph and video the removal of her
animals; their comments included outlandish
statements of neglect and of a neighbors
allegation that she did not know of the
birds when that neighbor had been in the
house with her children to see the birds.
Lynn's friend, Cheryl Sawyer, arrived on
Sunday morning as planned, to check on the
eggs and hatchlings and to check on food and
water. She arrived during the raid on Lynn's
home, and was handcuffed and arrested for
animal cruelty.
The SPCA's confiscation of all of Lynn's
breeding and pet birds and other animals was
without reasonable cause or justification.
The SPCA claimed the son, birds, and other
animals were in distress and needed to be
rescued from Lynn, without really
investigating the matter and also
discounting breeding expert Frederick Smith,
regional director of the AFA, who viewed the
confiscated birds.
The SPCA
filed a petition in court for custody and
control of the birds and animals. Lynn and
Cheryl opposed the SPCA's petition. Lynn
hired attorney R. Michael Robinson, of St.
Petersburg, Florida, to represent her in
both the forfeiture civil action filed by
the SPCA and the criminal charges for which
she was arrested. The cost of defense far
exceeds the monetary "value" of her birds.
During the 4 days of hearings (spanning a
period of almost three
months) on the SPCA's petition it became
clear that Cheryl Sawyer had nothing to do
with the case, other than being the person
asked to come feed, water and check on
Lynn's birds while she was away, and Judge
Dorothy Vaccaro dismissed the civil case
brought by the SPCA against Cheryl Sawyer
after the SPCA had introduced their
evidence.
R. Michael Robinson, attorney for Lynn,
obtained two expert witnesses, Frederick
Smith, an establish bird breeder and
Regional Director for the AFA, and Dr.
Margaret Wissman, a Board Certified Avian
Veterinarian, who testified at the trial.
Dr. Wissman stated that (based upon the
testimony, over 50 photographs, and
veterinarian records to establish by clear
and convincing evidence), Lynn's birds were
properly cared for by Lynn while they were
in her home and had not been neglected or
abused as alleged. Testimony was presented
to show that some of the birds were injured
during the raid and transport to the SPCA
facility, and that other birds later became
ill while in the custody of the SPCA due to
their care. During the raid, cages and nest
boxes were overturned, fertile eggs were
destroyed, and baby birds suffocated in
their overturned nest boxes. Testimony was
presented that SPCA personnel had virtually
no knowledge of the proper care and
maintenance of exotic birds, that they fed
the birds unsuitable food, that they were
unfamiliar with bird diseases, and that they
used improper cleaning methods for the birds
(i.e. they used bleach to disinfect their
bird holding area and the fumes from the
bleach damaged the birds' sensitive
respiratory systems).
On December 13, 2006, Judge Dorothy Vaccaro
ruled on the Petition to Grant Ownership of
Confiscated Animals on each and every
animal, (101 birds, 2 dogs, 2 turtles, and 1
rabbit) in Lynn's favor and dismissed the
SPCA's petition and denied the SPCA's
request that Lynn never be
allowed to ever own animals again, and
ordered the birds and other animals returned
to Lynn. Judge Dorothy Vaccaro ruled that
Lynn was not neglectful, and that Lynn was
entitled to have her birds and dogs.
The Pinellas County SPCA, despite losing on
every count in their petition, was, and
still is, attempting to charge Lynn for the
care of her animals which they held hostage
while they tried to prosecute her. As of
this date, these "charges" exceed $6,000.00
according to Jeffery Jensen, one of the
attorneys for the SPCA.
This is a tactic commonly used by
prosecutors against animal owners in an
effort to force the animal owner into
compliance with the demands of the
prosecution. The Pinellas County SPCA seems
to think that even though they were found to
have wrongly seized the animals, and have
lost their petition to take permanent legal
custody of the animals, they are entitled to
have Lynn pay their inflated charges for the
care of the animals and for veterinarian
care for attempting to prove the animals
were neglected which was ruled by the Court
as insufficient.
Additionally, the criminal charges against
Lynn Andrews and Cheryl Sawyer were dropped
as the Office of the State Attorney filed a
"No Information" in their cases on December
11, 2006.
In this case, Lynn Andrews, and her many
avicultural supporters, refused to be
intimidated by bullying tactics. Lynn
Andrews, with the help and backing of her
many supporters, fought back. Lynn has won
and obtained a court order that she is
entitled to her animals back.
Aviculture has won an important battle in
the war to preserve the right to keep and
breed birds.
