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ALDF Founder Profile: Emergency Addresses Criminal Justice Preparedness Conference on Program Director Guide for You and

27.1 SPRING 2008 3 Animal Cloning 4 Scott Heiser 7 Your Animals

Cricket, one of the dogs rescued from a house of horrors in ALDF v. Conyers Goodbye, Ruff Life! Swift settlement protects lives in North Carolina hoarding case

SHE CLAIMED THE SCORES of tiny dogs were with urine. Many of the animals suffered covered in mud. Sadly, it turned out to be from broken jaws, severe and extremely dried excrement. Sadder still, that was painful dental disease, corneal ulcers, hardly the worst evidence of neglect inves- cataracts and urine and fecal scalding. tigators would discover. According to veterinarian Kelli Ferris, the Thanks to the prompt work of an animal animal cruelty investigator at the scene, the cruelty investigator, animal control officers, dogs probably never left Conyers’ house; and the Animal Legal Defense Fund, more consequently, the home was filled with than 100 severely neglected animals seized urine and piles of feces – the measured from a Raleigh, North Carolina, breeder are ammonia level in the house was 10 times now safe. The 106 dogs and nine birds were the USDA’s maximum recommended removed from the residence of Janie Cony- ammonia level for large swine operations! ers on October 19 when authorities discov- Investigators reported seeing dogs with ered them living in squalor. ALDF quickly feces caked in their fur, cockroaches roam- filed an injunction against Conyers, 77, to ing through the birds’ food dishes, and one permanently remove the animals from her blind dog who was unable to stand up to possession and control, and a settlement was relieve himself and whose jaw had rotted reached in December. away from lack of proper care. “He was The dogs found in Conyers’ home were covered in their own feces and dripping continued on page 6 A NEWSLETTER FOR SUPPORTERS OF THE ANIMAL LEGAL DEFENSE FUND LETTER FROM THE EXECUTIVE DIRECTOR Matthew Hiasl Pan

PAGE 2 Is Not a Person

“WITHOUT LEGAL PERSONHOOD ONE IS INVISIBLE TO CIVIL LAW” FOR THE and “might as well be dead.” So wrote legal scholar, and former ALDF board president, Steven Wise in his seminal RECORD animal law book, Rattling the Cage. And so, according to the Austrian Supreme court, Matthew Hiasl Pan might as well be dead. Matthew, the court ruled in January, is not a person. Matthew is property--a thing. “You mean he A “legal person” is not to be confused with our com- mon understanding of a “person” as an individual human. threw a helpless Other entities are considered “legal persons” for various purposes, like corporations and ships. Unfortunately for animal off three Matthew, he is neither a ship, corporation nor human being. Matthew is a 26 year-old chimpanzee. floors because Captured as a baby in the jungles of Sierra Leone and smuggled into Austria for sale into the he was mad at pharmaceutical testing industry, Matthew was rescued from that fate and has lived in a sanctuary for the past 25 years, according to news sources. But his future is in jeopardy. The sanctuary he has someone?” called home has gone bankrupt and though donors would like to help Matthew, the court’s ruling assures that he cannot receive gifts nor can someone else receive them on his behalf —“things” — Charleston, S.C. can’t own other things. And so Matthew could be sold into the fate he evaded 25 years ago. Circuit Judge Edward Matthew’s case exemplifies the fundamental problem for animals under the law. Centuries of jurisprudence have shackled animals to the status of things, a status that conflicts with our mod- Cottingham to the ern understanding of animals and their capacity for thought, self-awareness, and suffering. prosecutor, before Do animals have rights? ALDF thinks they do. And although ALDF has had many successes sentencing a man to using existing laws to protect animals, we believe that until the courts recognize the inherent three years in prison rights of animals, they will suffer needlessly from the inability of animal advocates to represent for tossing a 10-week-old their interests directly in court. So, while we work within the laws of today, we also work towards puppy to his death from a future where animals are finally recognized as more than “things” in court. And Matthew? His case will now go to the European Court of Human Rights. Stay tuned. a balcony during an argument with his For the animals, girlfriend

Stephen Wells Executive Director

Stephen BOARD OF DIRECTORS The Animal Legal Defense Fund Wells is a nonprofit organization fund- Katie M. Brophy Sarah H. Luick ed almost entirely by individual, Executive Chair Secretary Director tax-deductible contributions. If Joshua K. Marquis Robert L. Trimble you would like more information NEWSLETTER STAFF Vice Chair Treasurer about our work, are interested Lisa Franzetta Editor in joining, or wish to notify us Directors Kathy Hessler • Paul R. Leonard Mark Hawthorne of a change of address, write Contributing Writer Cheryl Lightle • Tracy A. Miller to the address on back, email Stephen Farley Design Katharina Otto-Bernstein us at [email protected], or call Newsletter Design Dean G.C. Vanech (707) 795-2533. Patents, Profits, and Animal Protection ALDF’s Tischler addresses Animals and Bioengineering Conference PAGE 3

YOU MIGHT EXPECT ANIMAL ADVOCATES at a confer- under the U.S. patent law? Joyce observed to ence on the genetic engineering of animals to conference attendees that how we refer to ani- be in front of the building chanting in protest, mals guides our treatment of them. “If we call not inside as invited speakers. This past animals ‘manufactures’ or ‘compositions of November, the Animals and Bioengineering matters’ [as they must be defined according to Conference, sponsored by the American Bar law, if they are to be patented], we will treat Association and Duke University School of them as things: disposable, not worthy of Law, brought together for the first time animal moral consideration of their needs; if we deny law and patent attorneys, litigators, vivisectors, that they feel pain, we will be lax about giving ethicists, government regulators and industry them pain relief.” representatives to explore the evolution and In contrast to the U.S. court’s decision, the development of laws relating to the use of ani- Supreme Court of Canada held that the “Har- mals in bioengineering. vard” genetically engineered mouse was not Increasingly, the lives of animals raised by the patentable under Canadian law. Judge Michel billions for the food industry are being affected Basterache, who authored the opinion in that by scientific advancements that allow case, explained to conference attendees how “Most of the researchers to manipulate their genes to the Canadian court grappled with the ethical attempts that have increase economic profits—as Professor implications of patenting animal life—issues Bernard Rollin, a bioethicist, explained to con- that the American courts failed to address. thus far been ference attendees, “Most of the attempts that Meanwhile, Joyce explained that organizations have thus far been made to genetically engineer like the American Anti-Vivisection Society made to geneti- farm animals have generated serious welfare (AAVS) are now beginning to apply creative problems.” These problems have included “life- new legal strategies to challenge the patenting cally engineer shortening pathogenic changes in pigs includ- of animals. farm animals have ing kidney and liver problems” and “a wide The Duke conference demonstrated that variety of diseases and symptoms, including while animal attorneys are still frustrated and generated serious lethargy, lameness…gastric ulcers… degenera- facing an uphill battle when it comes to provid- tive joint disease, heart disease of various kinds, ing legal protections for animals in the new welfare problems.” nephritis, and pneumonia.” world of bioengineering, there are some encour- Professor Bernard Rollin In the contemporary scientific environment, aging signs of progress for animals—even from what will be the basic rules addressing the treat- surprising corners. Dr. Charles Ham- ment of animals, and who will make those ner, who spoke on behalf of the rules? Up until now, the industry has for the biotechnology sector, noted at the most part done what it will, motivated primar- conference that “…the changes ily by profits and efficiency; animal advocates at sought on moral grounds by the [ani- the Duke conference raised the numerous rea- mal] activists may be indeed worth sons to consider the welfare and interests of the making, at least in major part, animals and the perspective of the animal pro- because alternatives to use of animals tection movement. in experiments and pharmaceutical ALDF founder Joyce Tischler gave a speech testing are now available that are not addressing one of the conference’s major only cost effective but produce results themes—the patentability of animals. A law- and outcomes that are as or even suit filed by ALDF back in 1988 that unsuc- more accurate than those obtained cessfully challenged the patenting of animals using live animals.” It is now up to the (in that case, a mouse who was genetically U.S. courts to get in step with progress altered by Harvard University researchers) that even the bioengineering industry raised an important issue that the American itself is slowly beginning to make with legal community has largely sidestepped — regards to the use of animals. Dolly, the first should animals be patentable subject matter cloned mammal violence cases.” and domestic with childabuse pile, rightthere at thetopof cruelty cases “I putanimal

PAGE4 Man withaMission Scott Heiser: to working directly foranimals? led you attorney from along career asadistrict cutor for17years before joiningALDF. What named Georgia. andahorse thegoodfight, the system, fighting usaboutworking to within talkwith enough nal Justice Program (CJP).Scott paused long year hehasbeenthedirector ofALDF’s Crimi- Animal DefenseFund, Legal where forthepast thatrecentlyfor theircrimes ledScott to the passion forholdinganimalabusersaccountable conduct, including capitalmurder. But itishis ofcriminal Oregon hasprosecuted alltypes inBenton County, attorney and elected district prosecutorprey onthedefenseless.Thisformer itcomes when to pursuingthosewho especially JUSTICE TO DEDICATED MAN A IS HEISER SCOTT animal abusersbehindbars Former prosecutorspearheadsALDF’s fighttoput are, ayear later. be joiningatop-shelf andhere organization, we Frasch, ALDF’s counsel, general Iknewwould ALDF becamethenewplan. After meeting Pam infavorseas escape options with ofexploring Consequently, theprospect ofcanceling ahigh- child abuse and domestic cases. violence with there casesatthetop ofthepile,right cruelty three cats — and,asaprosecutor, Iputanimal person” —my andIhave wife two and dogs ALDF. Moreover, I’ve always beenan“animal bothDana and impressedand Iwasvery with wedidforlocallawjoint training enforcement, years ata prior abouteight Dana Campbell, Justicethe Criminal Program (CJP). looking foranexperienced prosecutor to run received anemailannouncingthatALDFwas ing sabbatical;however, I thatallchanged when planwasto takeoriginal six-to 12-month sail- in office, Idecideditwastimeto resign. My despite having justbeenelected to athird term judge.So,formance ofthelocalpresiding trial local politicalsituationandthelackluster per- the fallof2006,I’d ofthe simplyhadenough taxingmurder in inaparticularly trial victions Justice Program over thelastyear? esting casesyou’ve worked theCriminal onwith SCOTT HEISER: THE ANIMALS’ADVOCATE: AA: I hadmetALDF’s chief contract attorney, SH: Can you tell usabout someoftheinter- There have anumber ofthem.The been Fate, really. After con- securing You hadbeenaprose- – earlier. died intheworst possibleway acouple ofdays conditions. had Onehorse namedGeorgia injustmiserable were andsuffering neglected me ofasituationwhere anumber ofhorses cold Friday evening inearly December. He told just after 5:00p.m. wet and onaparticularly The investigating officer dropped by my office onyou?that hadanimpact deserved. they casesandensure gottheattention thatthey ty ed DA wasthatIcould theanimalcruel- review elected DA. of beingtheelect- Oneofthe perks DAoffice, Iwasadeputy bothwhen andthe each year.ty were They inthe always apriority many animalsoranimallaw? casesdealingwith looked animals. onproviding justiceour efforts to theseover- ly resolved--stay tuned.We continue to focus County,in Harrison Kentucky, once itisfinal- (www.aldf.org/blog) horsecase onaparticular ablogonALDF’srewarding. write Iwill site cases thathave and beenbothfrustrating filesatthesametime. other open to attend to hundredsdoing sowhiletrying of the lawyers working casesare theanimalcruelty thatinmostprosecutors’harsh reality offices, grossly overburdened prosecutor was.It isa by how thisyoung, antly surprised grateful caseandwere a cockfighting pleas- with Florida RICOlaws.] currently 32stateswith seeking justice fortheanimalsabused.There are casesincreasedtors powers indogfighting in OrganizationActand Corrupt gives prosecu- theRacketeerto animalfighting, Influenced predicate actfortheirstate RICOlaw. [Applied gon’s uniqueleadandmake a animalfighting to inducetraction otherstates to follow Ore- U.S. Attorney’s office, butthiscasegave usgood were, notsurprisingly, by largelyignored the advocacy profile.most high Dogfighting efforts Michael Vick caseisnodoubt the dogfighting The officer wasn’t sure to what do. Iwas. SH: AA: SH: AA: There have alsobeenanumber ofneglect We helpedanassistantstate’s in attorney Yes, wehadseveral casesofanimalcruel- Can you tell usaboutany ofthosecases One horse neglect casereally gotto me. One horseneglect Before coming to ALDF, didyou have

PAGE 5

Scott Heiser with Atticus “We pride ourselves on wrote the affidavit and search warrant for the the system to get the right result. This is what officer, and that night and the next morning, distinguishes ALDF’s Criminal Justice Program working within Saturday, the officer--with the help of a sizable from other animal advocacy groups. the system to get team of horse-loving volunteers he had Beyond that, we provide direct assistance to rounded up that night--saved all the surviving police and prosecutors who need help investi- the right result. " horses. I remember listening to the rain on the gating and/or prosecuting animal cruelty cases; roof at my house that night knowing that this attempt to change the thinking of those prose- was last miserable night these horses would cutors and/or cops who don’t currently, for have to endure. whatever reason, invest the time and resources Furthermore, one of the photographs in the into these cases; provide training to law enforce- case is quite telling. The defendant had asserted ment professionals in areas where they may be that she couldn’t afford to feed the horses, yet lacking experience (such as using investigative the photo shows her standing over the dying tools to crack organized criminal operations Georgia, and the defendant is nearly nine like dogfighting rings); draft and/or consult on months pregnant, with her pack of smokes and legislation related to substantive and procedur- a thirty-two ounce cup of, no doubt, some al changes in state and federal criminal codes, sugar-laden soda. She couldn’t afford to provide and then lobby to get the good bills enacted; even the most basic care of the horses but she and we provide sentencing judges with feedback can afford her smokes, soda and expansion of on how well they handled the case (it’s rare for her family. judges to receive feedback from any source AA: How do you view your role with the other than the appellate court). Criminal Justice Program? AA: So, whatever happened to your sailing SH: I lead a team of legal professionals to sabbatical? achieve a very lofty goal: to “protect the lives SH: (Laughs) Well, plans for a long sabbatical and advance the interests of animal through the were scrapped after my work began with the legal system.” With two of the three CJP attor- Animal Legal Defense Fund. But I did take a neys being former prosecutors and the third a wonderful two-week vacation on the high seas career animal lawyer who is our legislative last winter. It was as long a break as my case- expert, we pride ourselves on working within work will currently allow! authorities would confiscate them. Though they Ruff Life may call themselves “an animal lover,” hoarders treat animals with anything but loving kindness. continued from front page Indeed, living conditions are often so bad that caged by himself in the basement, and sat in his they threaten both human and non-human cage, shaking,” said Mike Williams, director of occupants of a home. According to the Hoarding the Wake County Animal Care, Control & of Animals Research Consortium at Tufts Uni- Adoption Center, in an affidavit. versity, many hoarders’ dwellings have been con- As a result of ALDF’s lawsuit, Conyers, a for- demned as unfit for human habitation. Air in

PAGE mer AKC champion breeder who also ran a some homes is so polluted that a visitor cannot 6 boarding operation, relinquished custody of all enter without protective breathing apparatus. her animals, is forbidden to own or work with Animal hoarding, says Dr. Ferris, is a wide- animals in the future, and must admit animal spread, national phenomenon in which indi- control officers into her home to make sure she is viduals subject large numbers of animals to cru- in compliance with these terms of the settlement. elty on a daily basis, usually through knowing The Animal Legal Defense Fund’s complaint neglect and failure to provide even minimal was drafted by ALDF’s chief outside litigation care and nutrition. “Two hallmarks of hoarders counsel, Bruce Wagman, and ALDF staff attor- are that they deny the animals are suffering, ney Matthew Liebman, who notes that the happy even when the pain and distress is obvious, and ending in this case is largely due to a North Car- recidivism: they always return to hoarding, or olina statute, Chapter 19A, that allows concerned continue to hoard, unless they are permanently Contrary to the individuals and organizations to bring civil suits barred from having animals.” popular stereo- to enforce the criminal animal cruelty laws. “In Contrary to the popular stereotype, animal other words,” Matthew explains, “when ALDF hoarders are not harmless “cat ladies” who “col- type, animal finds animal cruelty that violates the law, Chap- lect” animals; they are typically people with an ter 19A provides a supplement to a criminal obsession that leads them to acquire more ani- hoarders are not prosecution. This law is focused solely on the mals than they can care for. “The biggest chal- animals’ safety, and not on punishment for lenge with a potential hoarder is being able to harmless “cat breaking the law. Thus, we can file our own civil recognize early on there is a trend and then to ladies” who suit to protect the animals. So in the Conyers intervene before they get to 140, 500 or, in some case, the statute enabled us, in conjunction with cases, 1000 animals,” says Dr. Ferris. “collect” animals. the county animal cruelty investigator, to imme- “Because the rate of recidivism for animal diately get the dogs and birds out of their hor- hoarders is close to 100 percent, the fact that the rendous surroundings and to safety utilizing our settlement terms prohibit Janie Conyers from ever own lawyers and resources.” owning another animal is an important safeguard to protect other animals in the years to come,” says PET PEEVED ALDF Executive Director Stephen Wells. Conyers has been quoted in the media defending how she raised her dogs, which CIVIL ACTION included about 80 toy poodles, and referring to North Carolina’s unique civil statute, Chap- them as “my babies.” She also told the press, ter 19A, has helped ALDF rescue animals in “Nobody I know loves animals more than me.” hoarding cases before; it is the same law that Such statements are typical of animal hoarders, ALDF used in 2005 to rescue more than 300 Cage after cage of tiny dogs who may sincerely believe they are treating their dogs from hoarders Barbara and Robert Wood- found living in their own filth animals humanely and often have no idea why ley. Thanks to this law, a judge can issue a tem- at Conyers’ home porary injunction that allows the animals to receive care and, if necessary, remove the ani- mals from inhumane conditions. Following a non-jury trial, the judge can decide whether to order a permanent injunction authorizing the removal of the dogs and transfer of ownership to the plaintiff or other appropriate party. “With the Conyers case, ALDF is proving the indisputable value of a civil action for cruelty, lifting much of the burden of these cases from local authorities and rescuing large numbers of animals from horrible conditions involving chronic pain and suffering,” says Bruce Wagman. Matthew Liebman agrees, adding that given the prevalence of animal cruelty and the relative infre- quency of its criminal prosecution, every state in the country should have a law like North Caroli- at least three days. ➤ A backup leash, collar and identification tag for each animal. This is in addition to the collar and i.d. tag that your animal normally wears. Consider permanent identification, such ASK as microchipping. ➤ A carrier for each cat and a crate for each dog. JOYCE ➤ If your dog or cat takes medications, an

extra supply of the medicine. PAGE ➤ Disposable litter box and litter for your cat. 7 ➤ Copies of each animal’s vaccinations, Dear Joyce: medical and adoption records. I saw what happened to animals in Hurricane ➤ A photo of each companion animal, in Katrina, and I worry about how to protect my dog case you get separated from them. and cats in the event that we face an emergency in This kit should be kept in a safe place that is my area. easy to find by all family members. Where will we go to? If you have to evacuate Dear Reader: your home, you may not be allowed to go back None of us wants to think that it could hap- there, and your companion animals may not be pen to us, but hurricanes, floods, earthquakes, safe there. The Red Cross disaster shelters will and fire occur, and planning ahead may spell not allow your companion animals in, due to the difference between life and death. Here are health and safety regulations, so you must plan a few ideas to get you started. now for where you will bring your companion What do I need to keep on hand? Prepare an animals in the event of an evacuation. emergency kit for your companion animals, ➤ Ask family members or friends who live with items stored in waterproof, airtight con- outside your immediate neighborhood if they tainers. Include: will house and care for your companion ani- ➤ Enough food and bottled water to last for mals. You must plan ➤ Ask your local humane society or animal shelter if they provide foster care during an now for where emergency. na’s. “For many prosecutors, animal cruelty is ➤ Speak to your veterinarian about board- you will bring not a high priority in relation to other crimes, ing options. so we end up with animal abusers acting illegal- ➤ Identify hotels and motels that will accept your companion ly with impunity. Giving animal protection companion animals. animals in the groups standing to ensure that animal abusers ➤ Keep a list of preferred, responsible are held accountable can fill this gap in enforce- boarding kennels. event of an ment of the animal cruelty laws. Laws such as ➤ Develop a plan with friends or neighbors, 19A not only provide a means of protecting ani- so that if you are away from your home during evacuation. mals, but they also conserve public resources by an emergency, they can evacuate your compan- allowing for private protection of animals. ion animals for you. “I am very pleased with the outcome of the Learn as much as you can about emergency case,” Matthew adds. “More than 100 dogs and preparedness. Become more informed about nine birds will have the opportunity to live out what emergency plans are in effect in your area their lives in loving homes with the individual- and state. Contact (800) BE-READY or go to ized attention Ms. Conyers denied them. The www.ready.gov. other provisions of the settlement ensure that Let’s plan ahead to protect those we love. no more animals will suffer neglect at the —Joyce hands of this breeder and hoarder.” Dr. Ferris is particularly grateful – both for If you have a question you would like to see Chapter 19A and ALDF. “As an animal control answered in The Animals’ Advocate newsletter, investigator in North Carolina, I have to say email Joyce Tischler, ALDF’s founding director, at: Chapter 19A is a great law in many ways, [email protected], or write to “Ask Joyce,” Animal allowing the seizure of animals under civil law. Legal Defense Fund, 170 East Cotati Avenue, Cotati, But a lot of expense is incurred, both in caring CA 94931. We regret that we are unable to publish for the animals in hoarding cases and in legal answers to all questions. This column provides gen- fees, which the animal control investigator is eral information only. Each state and, in some cases, responsible for. There’s no guarantee that each county has its own rules and procedures, so county commissioners will approve reim- please consult a local attorney to assure that you bursement, so it’s important to have an orga- receive advice specific to your jurisdiction. nization like ALDF to watch your back.” Nonprofit Org. U.S. Postage PAID Tucson, AZ Permit No. 3341

170 E. COTATI AVE. COTATI, CA 94931 www.aldf.org

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