"Case dismissed for lack of merit. Animals to be returned to owner."
My cats were seized on November 5, 2019 by the Maine Animal Welfare Program. This page documents my fight to win back these cats and change the laws, policies and procedures that allowed it to happen. A Court's judgment on this action was made almost a year later on September 25, 2020 after three days of testimony. The following is a synopsis of the Judge's order.
It states that the evidence was voluminous and challenging, that the Court admitted and considered scores of exhibits. There were six witnesses for the state and one for the defendant.
Zulu, sad and defeated in state custody on 11/6/19 is back happy and free at home on 11/8/20.
The Judge determined I had not violated the permissible standards of care for the cats. He further remarks that the state's inaction in failing to seize or make other provision for 44 cats left behind on the property significantly undermined their position that I was mistreating or depriving the cats of necessary care and treatment, and it unfairly exposed me to additional civil penalties. The lien for the cost of care was unfair in the Court's view.
"It is the Judge's order that the cats be returned to the owner as soon as it can reasonably be arranged, consistent with the health and safety of the cats."
Notice Posted December 26, 2020, Updated April 24,2021 by Elmvale Farm
The Returned
I was told I should be grateful the cats were being returned at all. On October 26, a month after a Judge's order that my cats be returned, seven male cats were delivered. The state would not accommodate my work schedule, so it had been agreed they would leave the cats on the porch in cardboard carriers. This did not happen. I was forced to leave my work to accept the cats and transfer them out of the state's wire cages. I work from home, but that doesn't mean different rules apply. I cannot just get up and leave my station or make up missed time. Leaving work to accommodate the state's schedule meant I lost wages and accrued a warning that can lead to getting fired. Why do I have to lose money and put my job at risk when the jobs of these state employees are completely flexible? Instead of graciously returning the cats and apologizing for their error and the inconvenience, the officers chose to admonish me for having all these cats and told me I should be thankful they were being returned. This is prejudicial and abusive. My thankfulness for the return of my cats is appropriately directed toward the Judge and my lawyer.
Let it be clear that I offered to pick up the cats. I provided a complete list and schedule of cats to be picked up over the course of several weekends. I asked for information on their situation and health, anything I should know about how they have been living for the last year. I was willing to work with the shelter on spaying and neutering and adopting out the younger cats. Instead, the state chose to release information to reporters, to pretend I don't know where the animals are being housed, to pretend to be people interested in adopting cats, to harass me about being a shelter, refuse to allow me to pick up the cats, refuse to work with my schedule, unnecessarily delay the delivery of the cats, transport the cats in an unsafe manner, deliver the wrong cats, hold onto cats, continue with more accusations and more lies, and further to make demands exactly like the demands they made the very first time they appeared at my door in July of 2019.
She yelled at my old cat. The second delivery occurred almost two weeks later on November 6, a year and a day after they were taken. Cats were again delivered in wire cages, some large cages containing multiple cats. In one cage, my old Wheezy—she's now 14—was in a cage with other cats and hissing and lashing out at them. One of the delivery people was yelling very loudly at her to stop. Replace this image with a state employee yelling at your child and perhaps you'll understand my point of view. I found this to be completely inappropriate and offensive. And it's just more proof the state has no idea what it is doing. Wheezy is generally threatened by other cats and doesn't like them near her and the state chose to put her in a situation where the other cats couldn't get away from her and were likely to get thrown up against her. There are cats Wheezy tolerates and could have shared a cage with her without a problem. If the state really cared about the welfare of these cats, wouldn't they make it a point to know these things?
The 57 cats in the second delivery came unidentified. They were delivered in livestock trailers, the residue of sawdust dropping from cages as I struggled to drag them to safety. (It's a proven fact that wire cages are dangerous transport choices for animals.) Due to time constraints, the cats were released inside the house and the cages returned to the state handlers with little opportunity to identify the cats they had contained. I would later realize four strange cats came with that delivery.
Junie, 11/6/20, As Delivered By State
The state dismisses me. Delivery documents would prove inaccurate as to number of cats and identity of cats returned. When informing the state of their error, I was completely ignored. Further, the cats were not "...returned in good body condition and medical conditions treated..." as indicated on the delivery papers. Cats were returned with the same issues they had when they left plus new issues, the most shocking being two emaciated cats. Junie had a jackknifed back, tucked up stomach, sides sunken in and listless behavior. The cats returned infected with a diarrhea-inducing organism that is extremely difficult to eradicate and has no approved treatment. The cats are now exhibiting symptoms of a different and more serious viral infection. Both of these infections are life-threatening. Ollie was returned with matted hair on his back and dried fecal matter stuck to his back end. Bismark was returned with extreme matting along his back. Peg was returned emaciated and with obvious mouth pain that I had to treat immediately. Stella was returned morbidly obese. Crazy was returned with strange scrapes and missing hair along both her sides. Fanny was returned with strange folds and tears at the tips of her ears. I don't even want to get into the additional hypocricy of the unsocialized and unmanageable cats.
Before the state injected itself into our lives, we were struggling to recover from devastating personal and financial losses but we were making our way forward. I am ever grateful to my lawyer who not only won an extremely difficult case, but continues to help me when I haven't been able to pay him. I am grateful to my friends and relatives who remain my friends and relatives because they know me and do not believe the gossip. I am grateful to the Judge and Court personnel for their kindness and fairness. I am grateful to the people who have donated money to help me feed the cats. Unfortunately, the good has not outweighed the bad in this situation and we have lost ground in our struggle, but I will continue to fight until my last breath for these cats and the future of all other animals who may be affected by the same misguided laws, policies and procedures. You are welcome to join me.
Notice Posted April 24, 2021, Updated July 10, 2021 by Elmvale Farm
The Missing
The Maine Animal Welfare Program continues to hold eighteen of my cats despite the Judge's order and repeated requests that they be returned. They say nine cats require regular medical treatment. That is not accurate or a reason to continue holding them. On the contrary, it is a reason to return them. They say nine cats were in one of the returned groups, but they were not. I question how that can be an honest mistake.
Every minute that goes by is time that is being stolen from us. Some of these cats are already in their geriatric years. Some are in their bonding years. Some are very closely bonded to me, are my personal cats, and spent most of their time with me.
The records have already proven that the State is not providing better care for these cats, the State is not making better medical decisions for these cats, the State is not protecting them from exposure to new health threats, the State is not protecting them from becoming lost or stolen.
From top left: Adorable, Aodghan, Beebs, Boo, Boyo, Bud, Casey, Charger, Ellie, Elan, FeralGray, Gracie's Kitten A, Hopper, Ina, Shed Kitten 2, Shed Kitten 3, Pipp, Ziggy
For more information, click the photo above or visit The Missing.
Notice Posted February 17, 2021, Updated April 3, 2021 by Elmvale Farm
The Dopplegangers
What led the Maine Animal Welfare Program to allow four strange cats in with a group of 57 cats they delivered to my door? I cannot think of a single reasonable or acceptable explanation. Perhaps this is why they deny it and insist the cats belong to me. I don't imagine they would want it known that they gave four additional animals to someone they accused of cruelty. This unaccountable lying in the face of reality—there are photos proving these are not my cats—is typical of this program and it speaks of a program that believes itself immune to consequences.
Does anyone recognize these cats? I would like their rightful owners to contact me please, so I can get them to where they were intended to go. What are their names? How old are they? Are they male or female, spayed or neutered? What is their history? What is their medical status? Were they surrendered to the state or a shelter? Do you want me to find them good homes, surrender them at a local shelter, surrender them to the state or keep them?
This is a big intact male cat who is very friendly and comfortable around the other cats. He has green eyes and is a talker. Super nice, easy-going cat. I feel somebody must have loved him a great deal and given him a name. If he was surrendered, I imagine it was with great reluctance. If he belonged to you, is there anything I can do to help you keep him? He seems to enjoy being here with the other cats and I certainly give him attention, but he needs his own loving forever home. He looks nothing like any of my cats. Even his body type is significantly different from any of mine.
This is a medium-sized cat who is either feral or not at all socialized to strange people and places. I only catch sight of it when it comes out of hiding to eat. I do have black and white cats, but they are not feral or unfriendly and the markings on all the cats are very distinct and this one is clearly not one of mine.
This is a medium-sized cat who is either feral or not at all socialized to strange people and places. I rarely saw this cat and this was the only time it was in a situation to get a photo. After four months, I am seeing more of this cat, but he or she still will not let anyone approach too closely. Beautiful cat with green eyes. No cat who looks remotely like this was taken by the State.
This small female cat is not socialized to strange people and places. After many months, she will allow me to approach and enjoys affection, but she is still very wary and will not allow me to pick her up. Based on her body type, she may be related to the big friendly male.
Notice Posted December 26, 2020, Updated May 28, 2021 by Elmvale Farm
Did the State Provide Necessary Medical Care, Necessary Sustenance and Humanely Clean Conditions?
The cats were seized because they were allegedly being treated cruelly as defined by Title 17 §1031 E. The Animal Welfare Program sought permanent possession of the animals under Title 17 §1021 so they could be provided necessary sustenance, necessary medical care, proper shelter, protection from the weather, and humanely clean conditions. The state had every resource available to care for my cats. So how did the following happen and why does anyone find it acceptable?
On the first day, three kittens being fed bottles every three to four hours are separated from their human mother and denied food for over eight hours. We don't know when they actually got fed.
On the first day, eight kittens are separated from their mothers when taken by the state.
On the first day, a cat is lost at the destination. He isn't recaptured until five days later. It isn't until three months later that he shows up on a veterinary record and he is lethargic and has one ear full of debris and another full of pus.
On the second day, six cats have distended bladders because they are afraid to urinate in a shelter situation and many cats are dehydrated. These medical issues did not exist until the state took possession of the cats.
Butterball, State Shelter Photo, 86 Days in Custody, 1/30/20
On the sixth day, a momma cat with four newborn kittens has lost one kitten to starvation or pneumonia and she and the remaining three are dehydrated.
On the eighth day, a cat whose scratches were healing at the time he was taken, is at the veterinary with large areas of scabs and oozing pus.
On the fifteenth day, a cat with a history of seizures is misdiagnosed as having rabies and killed.
On the fifteenth day, cats begin to come down with bloody diarrhea and fecal tests are positive for the Giardia organism.
Two and a half months into captivity, a handwritten note in Naomhan's records reads, "There are no additional medical records for C70. Unable to handle." This sweet, hand-raised cat was presumably given no affection while in state custody and given no medical attention after 11/6.
Five months into captivity, records show cats with cocci in their urine and half a dozen are coming down with urinary tract infections.
Seven months into captivity, 15-year-old Taffy is killed when her medical condition deteriorates to an absolutely deplorable state. An autopsy is required by law, but has not been provided.
Seven months into captivity, a cat is found dead in his cage. An autopsy reveals he died from severe acute bacterial cystitis (bacterial infection of urinary bladder), nephritis (inflammation in kidney) and septicemia (infection in blood stream).
The day of the seizure, a police officer asked me how often I found a cat dead in my house. Tell me that's not a prejudicial question. Think he would ever ask that of the shelter owner?
Since the Animal Welfare Program came into our lives, there has been pain, suffering and death that has never occurred before and would never have occurred otherwise. That is a simple truth.
Article Posted August 15, 2020, Updated May 29, 2021 by Elmvale Farm
Assumptions and Lies
On 11/5/19, Rachael Fiske joined a crew of people to hunt down and capture as many cats as possible from my father's property. You will see that photographic evidence and professional references prove the truth is contrary to the statements in her reports. These are the facts:
Rachael Fiske was the Assistant State Veterinarian for the state of Maine on November 5, 2019.
November 5, 2019 was the first time Rachael Fiske had been to the property or seen the cats.
The owner had never seen Rachael Fiske prior to this date.
Rachael Fiske has never spoken to the owner.
The only other time the owner saw Rachael Fiske was during court.
Rachael Fiske was an expert witness for the state and was allowed to view the entire court proceedings.
Cat Feces on Surfaces?
In the second paragraph of this report, Rachael Fiske states, "...cat litter and cat feces were present on the floors as well as most surfaces of the house." These photos taken by the state during their search and seizure or by myself after the state left the property on 11/5/19 prove that statement incorrect. We'll talk in another article about whether this environment is really unhealthy for the cats.
Full Litter Boxes?
She goes on to say, "There were several litter boxes present throughout the house, but most were full or almost full of excrement." These photos of 22 litter boxes were taken by the state during their search and seizure or by myself after the state left the property on 11/5/19. A more accurate statement would be there were many litter boxes present throughout the house, and most were empty or almost empty of excrement.
Ammonia Levels?
She then talks about measuring ammonia levels in areas of the house. She states levels ranged from 8-10ppm (parts per million). You can smell ammonia at 5ppm. She further states that 0 is normal, which is not true. Ammonia exists naturally in the air at 1-5ppb or 0.001-0.005ppm. Those are small levels, but they are not zero. There is no evidence of where Fiske took those ammonia levels, no evidence showing the actual levels recorded or proof that they were harmful to the animals or people in the building. The CDC's Public Health Statement for Ammonia states, "If you were exposed to harmful amounts of ammonia, you would notice it immediately because of the strong, unpleasant, and irritating smell, the strong taste, and because of skin, eye, nose, or throat irritation." The only comparable safety guideline is OSHA's 8-hour exposure limit of 25ppm for people in the workplace. That's very different from 8-10ppm in areas that seemed most affected.
Observations?
Fiske states that brief observations of health and medical issues became more and more difficult. We know from the state's documentation that many of the cats were examined through nets or had no exams done on them. Yet Fiske makes an assessment that 61 of the cats had at least one medical issue that required attention. We don't know where that number comes from. She states how two of the cats were in need of immediate medical attention. As you will learn in another article, these cats were being treated and were healing. They did not receive any medical treatment at the veterinary that could be called urgent and were in fact allowed to re-injure themselves and undo the hard work I had done to correct the issue. Fiske calls a momma cat with a litter something that required specialized attention and makes the assumption that the cat's condition prevented her from properly caring for her kittens. There is no record of specialized attention being given to this cat and her kittens, but we know one of the kittens died and all were dehyrated six days into custody. What kind of specialized attention would you call that?
Guinea Fowl?
Chicken Coop, State Photo, 11/5/19, 11:16AM
Fiske states that the guinea fowl were found to be kept in a pen with no access to water and were unable to be seized. This statement epitomizes the attitude of the state in this case. My guineas and chickens were closed in their coop and typically run out of water between 10AM and 11AM, so this was the time I normally did morning chores. That morning, I was unable to do chores because I was told by a young officer to stop running my mouth and go sit in the shed where men with guns stood over me until the government employees they were protecting left the property. It was noon or later when I told the officers I was opening the door of the coop so the birds could find water. I was still unable to refill the waterer because I was not allowed in the house. The law specifically states, "If potable water is not accessible to the animal at all times, it must be provided daily and in sufficient quantity for the health of the animal." So we can only conclude that the Maine Animal Welfare Program is once again making up its own version of the law and typically considers it animal cruelty and justification for seizure if they find an animal's food or water bowl empty, regardless of the circumstances.
Article Posted August 1, 2020, Updated September 1, 2021 by Elmvale Farm
Extraordinary Exaggeration
In this second report, Rachael Fiske attempts to summarize the records. In the first section summarizing reports, Fiske cites repeated violations. How did I repeat violations when I received only one notice of alleged violations and was even complying with the requests on that notice when the state took this action? She says I failed to provide humanely clean living conditions for all the animals seized. That must include the outdoors and my office and if those areas were unacceptable, everyone's cat is subject to seizure. She says I failed to provide necessary medical attention. The state chose to ignore the fact that the cats were receiving and have always received medical treatment.
In her summary of the triage exams, Fiske states the number of animals affected as abnormal and unacceptable. Where is the reference for what is normal or acceptable for this population under these specific circumstances? She goes on to talk about body condition scores (BCS). Her assertion that these subjective scores are objective is ignorant, arrogant or an error, which we prove with professional references and common sense. She states several cats had scores of 3 or less. They scored no cat with less than 2. She tries to separate the body score issue from the presence of ample food on the property when she writes, "...despite evidence of cat food at the property." She then finds "...no evidence of veterinary prescribed products, medical records or invoices were found during a thorough search of the house." I provide photos of these items as evidence. She states that none of the cats appeared to be under veterinary care or management. Is this another new law?
In her summary of the 11/6/19 exams, Fiske states 57 cats were given a BCS of 2 or 3. The actual number is 53. Rogers said it was 58 and Jordan said it was 50. The Fiske number includes four newborn kittens. I dispute those BCS findings in greater detail in other articles. Fiske makes particular note of 10 cats who were "referred for extensive, urgent dental cleanings and extractions to treat this painful condition as it was causing significant suffering and inappetence." You will see in another article that only one cat was referred for urgent dental care during the 11/6/19 exams, yet was not seen by the veterinary until seven days later when he needed no dental care. The 10 who actually got dental care had dental findings no better or worse than other cats who did not get dental care. These cats who allegedly had medical situations causing significant suffering and loss of appetite were not even treated until two or more weeks later. Surely, if what Fiske alleges is true, the state would not have allowed these cats to suffer and go hungry for weeks. Wouldn't that be considered intentional animal cruelty?
In her summary of various other medical records, she mentions cats examined for bloody diarrhea and urinary tract infections as though those conditions were related to their care at home. This is blatant misinformation as I will prove in other articles. It is an intentional misrepresentation of the evidence. She talks about the cats with cerebellar hypoplasia and misstates it is most often caused by the herpes virus. I will show professional references that state otherwise. She describes the nasopharyngeal polyp in such a way as to blame an untreated herpes virus infection. I will show that this is another piece of misinformation. She refers to the killing of Toxic as unfortunate. This was a wrongful killing and I explain it more thoroughly in another article.
Margie, State Shelter Photo, 86 Days in Custody, 1/30/20
In her summary, she works hard to make it sound like the cats were suffering. One of the obviously incorrect statements is "...forms of suffering existed in an inability to avoid or retreat from other animals in the house that posed a threat..." Forty-four cats were able to avoid capture by the human threat that entered their territory on 11/5/19. That fact disproves Fiske's statement. I have posted videos and photographs spanning many years and I'm sure you'll agree the only photos where the cats look like they are suffering are the ones taken while in state custody. Furthermore, the clutter seen by the state as a negative provides a positive opportunity for avoidance and retreat. Fiske goes on, "...lack of access to necessary sustenance while sick from an upper respiratory infection and severe, painful stomatitis that affected the ability of the cats to eat properly." Photographs prove all cats have access to unlimited amounts of food with multiple feeding stations, yet the state continues to pretend we are all blind. Fiske has absolutely no proof that any cats were not eating due to dental issues. The state talks about infectious diseases, yet their solution is to spread these animals throughout the state instead of keeping them in their isolated community, something we all know would be the sensible course of action. Notice that she makes diseases plural, again taking every opportunity to exacerbate the situation. Fiske states that there was a "complete disregard" and "lack of awareness." This is a clear attempt to identify me as a mentally incompetent hoarder, something that should require a degree in psychology, not animal husbandry.
Article Posted August 7, 2020 by Elmvale Farm
Stick to the Facts, Ma'am
Animal Welfare Agent Angela Rogers wrote several reports. One was the affidavit for the warrant. That document was Rogers' viewpoint slanted toward gaining a warrant and her misrecollections of our two conversations. It also contained summaries of most of our emails, though six emails were completely missing from state's discovery. The affidavit document was not admitted into evidence because it contains heresay. The emails were not admitted into evidence.
Another report documented the search and seizure. That report was attached to the "Order to Appear and Show Cause" and was admitted into evidence, even though it also contained heresay. That search and seizure report is included with this article and this is my response to that admitted Rogers document.
Article Posted August 11, 2020 by Elmvale Farm
Geriatric Cat Tortured and Killed in State Custody
Taffy, State Capture Photo, 11/5/19, Killed 203 Days Into State Custody on 5/26/20
Warning: This story references medical information and reports that may be disturbing to some viewers.
Taffy was a 16-year-old cream seal point with light blue eyes, medium length hair and polydactyl paws. This photo shows how the state handled a geriatric cat with health issues. I would never scruff Taffy and consider this mistreatment.
I brought Taffy inside from the feral population as a kitten in hopes of giving her a longer life. She never truly lost her feral nature. She was a shy cat, didn't like strangers and always looked up into my face when I picked her up to make sure it was me. She and I had been dealing with her mouth issues since she had a dental five years ago. The veterinary technician said they didn't pull any teeth or find anything unusual, so when she continued to have trouble eating, I treated her at home. She would get better for a long time, then she'd have another episode of needing treatment, and so it went until the state took her. Seven months in their care and she was dead. These are Taffy's photos and state records. Several times the state asked my lawyer if I would surrender her so they could kill her because of her medical condition. In return, we asked them to return her so I could get a second opinion, but they refused. Fiske testified in court that Taffy's heart condition caused her to have no energy. Just days before the state took her, Taffy flew about six feet off the kitchen counter and ran up the stairs for her dinner. It was times like that I knew she was not ready to leave this world. Does the state ever consider how their actions stress the animals they capture? Do they ever consider the psychological impact of their decisions? The state kept my Taffy in a strange place with strange people touching and poking and prodding her until she finally deteriorated to the point where she is described as emaciated, damp fur matted all down forelimbs and forepaws and on chin, unkempt, hunched, very depressed, unresponsive, very weak, circling propulsively and knocking into walls. Imagine if this was your cat, a cat you'd spent time with every day for fifteen years, a cat you gave special feedings and treatments to, a cat you'd put all that love and effort into. Imagine having to live with the knowledge of what she suffered in the hands of strangers for the final seven months of her life. I know some of you understand what that means. You also understand those strangers don't really care and don't have to live with anything. In fact, they get paid with a portion of our hard-earned dollars. They wouldn't even return her body for proper burial in the place where she was born. She and the other cats who were killed or died in the care of the state were dumped in a group cremation and thrown into a mass grave somewhere. Cruelty is defined as behavior that causes physical or mental harm, intentionally or not. How is this not state-sanctioned cruelty?
Wexford, State Shelter Photo, 2/4/20, Died 178 Days Into State Custody
Warning: This story links to an autopsy report that may be disturbing to some viewers.
Wexford was found dead in his cage at the shelter on or just before 5/1/20. He was a year-old cream male with white on his chest and face. He and his brother, Galway, had virus symptoms as kittens and while both responded well overall, each had one eye that did not—strangely, the left eye in one and the right eye in the other. While Wexford's right eye looked bad, it had been treated and it just wasn't going to get better, the permanent damage had already been done. He was a sweet, affection-seeking cat who was handled regularly, including having veterinary prescribed ointment put in his eyes. However, you will see in his medical records that the state incorrectly labeled him feral. A feral cat is one who is afraid of all humans. Just because he doesn't like you, doesn't make him feral. In the hands of the state, by 11/25/19, he has lost weight and the right eye is reported by the veterinary as full of pus.
Sometime in late April, the state must have decided to do surgery on him and remove what was left of his bad eye even though the state is not permitted to do surgeries that will alter an animal. This is documented in the 5/1/20 autopsy report as a post-surgical enucleation site, but I do not have the medical report from that surgery. I found out Wexford had died when I received an email containing new state discovery including the autopsy report. I learned he was found dead in his cage when assistant state veterinarian Rachael Fiske testified in court. The conclusion of the autopsy report is that he died of severe acute bacterial cystitis, nephritis and septicemia. Cystitis is an inflammation of the bladder and a common form of urinary tract infection (UTI). You will see that at least six male cats came down with UTIs months after being taken. UTIs typically occur when bacteria enter the urinary tract through the urethra. Left untreated, bacteria can move into the kidneys and result in nephritis, an inflammation of the kidneys. Septicemia occurs when an infection enters the bloodstream. Signs of bladder infection include frequent, painful or difficult urination. There may be blood in the urine. This is a medical emergency. According to the caretaker, there were multiple people taking care of these cats every day, three times a day. I've only seen three urinary tract infections over the last 20 years. All three showed obvious signs of discomfort and were immediately taken to the veterinary and treated successfully with no repeat of the issue. How did Wexford's caretakers miss his suffering?
Gracie, 11/5/20, Kitten Died in Custody 6 Days Later
Gracie had four newborn kittens at the time of the state's search and seizure. Her records will show that her kittens were specifically checked for cleft palate on 11/6/19. The records for A and C specifically state no cleft palate. There were instructions on the exams to weigh the kittens daily and supplement their feedings as needed. Then six days later they show up at Falls Road where kitten C is noted as deceased with cleft palate and all are dehydrated.
They don't die of cleft palate, they die from the consequences of cleft palate; that is they cannot get enough to drink and starve or they continually aspirate fluid into their lungs and get pneumonia. Cleft palate is not a death sentence. It depends on the severity of the cleft. For instance, it's possible to feed with longer nipples to bypass the cleft. If they can survive long enough, surgery can be done to close the cleft. If you are weighing kittens every day and feeding them supplemental bottles, surely you would realize one was dying. Did the people taking care of my cats have any experience with newborns? Which veterinary report do we believe? Did the kitten have a cleft palate or not? If it did, did it die of starvation or pneumonia? How were any of these conditions missed by the caretakers? Or did the kitten die of dehydration? How did these animals come to be dehydrated after six days in the state's custody?
Over a period of 40 years, I have only had three UTIs in this population. One occurred 20 years ago, after which I fed only Friskies special diet canned food and a dry food for urinary tract health. Then one day Friskies stopped carrying their canned food and the dry food disappeared from the shelves. Several years later, Casey came down with a UTI. He needed catheritization and an overnight hospital stay. Then Bud also came down with a UTI. He responded to antibiotic treatment. Those were both around seven years ago. After that I started adding water to the canned food I was feeding once a day as this helps keep their urinary tract flushed out.
Taffy had a known issue with her urinary tract or kidneys. Elan allegedly has some type of kidney disease. I've never seen the girls strain to urinate, so we can probably eliminate them from this discussion. That leaves us with the six males. Ronan's issue is not clear from his medical record. He may have had both a UTI and diarrhea caused by infection from the Giardia organism. Still, whether it's seven or six, there is something wrong when this many male cats come down with UTIs, especially when one dies from it.
Article Updated March 1, 2021 by Elmvale Farm
What Is Cerebellar Hypoplasia?
I have three cats, Ziggy, Beebs, and Aodghan (eh-gawn) with a condition called cerebellar hypoplasia. These cats were born with an underdeveloped cerebellum, a part of the brain controlling fine motor skills, balance and coordination. The condition is caused when the feline panleukopenia virus is passed from a pregnant cat to her unborn kittens and attacks the rapidly dividing cells of the cerebellum. There is no treatment. It is not painful or contagious. In a safe, familiar environment, it does not limit the quality or length of a cat's life.
The symptoms of this condition become exacerbated during times of stress or illness and provide a measure for the degree of distress the cat is suffering. The videos below of Ziggy and Beebs prove they have been shaking like this for at least 24 hours. I don't know how anyone can look at these cats struggling to control their symptoms and not want to put them back where they belong. It's so disturbing, I can't even watch the videos. The cats were still shaking and looking miserable on 1/24/20. A review of their medical records indicates prolonged suffering caused by being away from their safe, familiar environment and caretaker.
Ziggy, State Shelter Video, 11/6/19, 24 Hours in Custody
Beebs, State Shelter Video, 11/6/19, 24 Hours in Custody
Beebs' condition deteriorated to the point where they wanted to euthanize her. Ziggy was unresponsive on 1/24/20, would barely open his eyes. Aodghan is not getting medical care because they are unable to examine him, he can't be picked up and he's experiencing severe tremors. This means he's also not getting the affection or attention he requires.
In addition, these cats are getting unnecessary medications and procedures based on bias. They were treated for toxoplasmosis, an infection caused by the organism Toxoplasma gondii. It takes a minimum of 24 hours for oocysts in the environment to become infectious, so the prejudicial assumption is that cat feces are left in the home environment for over 24 hours. Tremors are more often caused by cerebellar hypoplasia and by hypoglycemia, exposure to permethrin or many other toxicologic agents, kidney failure, side effect of a drug, severe pain and more.
The assistant state veterinarian, Rachael Fiske, incorrectly stated this condition is most often caused by the herpesvirus. Check the references. This is the common cause in dogs, not cats.
These cats absolutely do not exhibit these severe symptoms at home. As you can see in his home video below, Ziggy doesn't tremor at all when in his familiar environment. Instead of providing the available cure, which is to return them to their owner, the state is choosing to subject them to ongoing suffering and continues to hold these cats on the excuse that they need special medical treatment.
The state tried to imply vaccinating the cats would prevent this condition. My cats have already been exposed to the feline panleukopenia virus, so they have acquired a long-lasting immune response. According to a study on vaccination, this immunity interferes with vaccination of kittens and results in a high incidence of failure. For this reason, it is highly unlikely that vaccinating all the cats as kittens in this population would have made a difference for these three cats.
Article Posted July 30, 2020, Updated April 17, 2021 by Elmvale Farm
Faulty Interpretations Lead to Wrong Conclusions
Case, State Shelter Photo, 11/6/19, 24 hours in custody
On 1/27/20, I received additional medical records. Those records included what I thought were duplicates of the 11/6/19 exams ("originals") that I had already received. It turns out these were partially completed ("incomplete") exam forms. As it is, the 11/6/19 exam forms are not completely filled out and are missing simple things like sex and age and now evidence shows they were not completed in a single sitting, they were not completed by the same person, and copies of the incomplete forms were made and distributed.
In some cases, the incomplete exam forms had things added to them like sex and weights, things that do not appear on the more complete originals. In some cases, the original exams had changes made like additions of antibiotics or crossing out and replacing of notes. Both the incomplete and original exams can be seen on the pages for specific animals on this site.
The following were not entered on the incomplete exam forms:
case #
body condition score
Sometimes a note like "very thin" was made in the BCS and someone later went in and added a number.
behavior may be omitted
mentation
vaccine notes omitted on most
In addition, some exams had boxes checked and items circled while others did not. This would seem to indicate different people doing the exams. Also, we note the handwriting differs between forms.
What methodology was used to collect and record evidence? What were the methods of data collection? If the body condition scores were not done at the same time as the exam notes, when were they done and by whom? If the vaccines were not given at the same time as the exam, when were they given and by whom?
Data should be as accurate, truthful or reliable as possible. If there are doubts about the data's collection, data analysis is compromised. Interpretation of results will be faulty and that will lead to wrong conclusions.
Article Posted August 26, 2020 by Elmvale Farm
Incorrect Data to Mislead the Court
Bud, State Shelter Photo, 1/30/20, 76 days in custody
On 2/18/20, I received a chart that was compiled by Heidi Jordan. This chart indicates 50 cats are thin, 14 of those are very thin. What are these numbers based on? This is a third person submitting numbers and they don't match the exams or the other two submissions. I started to cross check the numbers. C1 was actually scored a 5, not a 3. C20 was actually scored a 4, not a 3. C27 was actually scored a 5, not a 3. With three errors in favor of the state on a brief analysis, it was clearly an unreliable and biased source of data. And yet it was admitted into evidence.
The chart indicates 65 cats were given Convenia, 29 were given it more than once. Here are the accurate numbers:
70 cats total were given Convenia. The cats who were not given it were four newborns; C79, a feral barn cat; C70 and C43, cats they can't handle; C57, C36 and C30 who were not treated with anything; C8 who was treated for eye issues and diarrhea; and C75 who got other antibiotics.
51 cats were given Convenia on the 11/6/19 exam, 13 of those same cats were given Convenia again on 11/8/19 by Falls Road, one cat was given Convenia on 11/5/19 and 11/6/19.
36 cats were given Convenia more than once. Six of those cats were given it three times. Of the 36, 22 received additional doses within the seven day window for therapeutic levels.
Convenia is being used off-label. It provides seven days of therapeutic levels, but persists in the body for 65 days. It has many side effects including anaphylaxis and death. This information is available on the product insert.
The chart indicates 54 were given BNP, a triple antibiotic eye ointment, with 12 on two or more courses. Again, here are the accurate numbers:
A total 49 cats were prescribed eye medications, including tobramycin and BNP, while in the custody of the state, but only 35 began treatment as of 11/6/19. At least three of those cats, C14, C23 and C33 were being treated for untreatable permanent scars. C31 was being treated, but had no eye issues per her history and 11/5/19 photo. Some, like C8 and C51 were being treated for extremely mild discharges.
A total of 30 cats were treated more than once with 14 of them prescribed eye medication on the 11/6/19 exam and again on 11/8/19 by Falls Road.
Of the 30 cats who were treated more than once, only 21 were prescribed eye medication with more than a few days interval between the prescriptions.
The chart indicates 31 had wounds or scabs. Here are the accurate numbers:
38 cats were described with some degree of scabbing.
C9 and C74 had scabs from self-harming.
C12's nose was injured during capture.
C34 & C74 were described with distal injuries, most likely caused by capture and caging.
C25 was described with a bloody nose and bleeding gums, but this exam description does not fit the cat, so the actual cat with these injuries remains a mystery.
The chart indicates 25 had ear mites. Here are the accurate numbers:
There was no evidence of a cytology on any cat, just visual assumption of ear mites, except in the case of kitten C3 where a tape test was done and I assume a microscopic exam of the tape. So, the cats with proven ear mites is one.
The chart indicates six will need eye removals. Here are the accurate numbers:
Whether these cats need eye removals is the opinion of one veterinarian. They include C23 who has been seen by four different veterinarians and none of them ever suggested removing his eye. So, the cats needing eye removals is zero.
This chart includes a column for lice and makes it appear as though there was lice found on a cat, yet the existence of lice was disproven by a Falls Road test. This fact alone proves the state will misrepresent the evidence in order to prove their case.
Article Posted August 26, 2020 by Elmvale Farm
Newsworthy Lies
Bottle Kittens, State Capture Photo, 11/5/19
"...the cats were everywhere, including in the walls." It is a sensational description that will be repeated in news articles across the internet. "According to Jim Britt, communications director for Maine's Department of Agriculture, Conservation and Forestry, which oversees animal welfare seizures, many of the cats are kittens that were found in 'filthy' condition 'in walls' and 'on ceilings.'" That sentence appears in an article and video posted by NECN titled Maine Authorities Seize 83 Cats on Animal Cruelty Warrant. Anyone reading it would be appauled, but compelled to keep reading.
Except, is it true? The three bottle kittens found in my office were most certainly not filthy, not in even remotely filthy conditions or in walls or on ceilings. The four newborn kittens found in a box with their mother were most certainly not filthy or in even remotely filthy conditions or in walls or on ceilings. Two of the kittens were captured outside, also not in filthy conditions or in walls or on ceilings. Ten other kittens, some of whom had just been brought inside for medical treatment the day before, had the run of the house, and while the condition of the house as a whole could be a matter of opinion, the kittens were most certainly not filthy or in walls or on ceilings.
"They're just doing their job." That's either an excuse for bad behavior or a humble person's response to praise and I can't imagine anyone praising what happened on this day. The communications director further states, "The officers and agents involved in these really challenging cases are required under law to respond..." What was so really challenging about this case? Fabricating evidence? Anyone can use the authorities to harass someone else by making a complaint that the authorities are required to investigate. The authorities are not required to take further action. They are not required by law to make unreasonable demands or perjure themselves in signed court documents or lie to fellow citizens or withhold evidence or seize property that is not evidence of a crime.
The "full investigation into their owners begins," according to Jim Britt. What investigation? The news piece went on to say the people taking care of these animals are "highly skilled and trained." If the people taking care of my cats are highly skilled and trained, why am I able to accumulate all this evidence to the contrary?
Another news article states, "A few of the cats fled into nooks behind the walls," police said, "and could not be captured." Where are these nooks behind walls? Is this the accuracy we can expect from police reporting?
The state doesn't take animals unless the animals or people are in jeopardy. This is what Jim Keithley, a reporter for channel 8 news said to me when he came by for a story. Is this what we call objectivity in news reporting?
"Officials said the cats were everywhere, including in the walls." This sentence appears in multiple news stories. There is no evidence to support this comment. It's just something someone said, and it's sensational, so they are printing it.
I believe these comments created a substantial risk of serious prejudice. What if this were a case that went to court with a jury? Would these comments published in newspapers taint the opinion of the jury members? The prejudice exhibited throughout this case is one of the reasons I am publishing these articles. It's one thing to express an opinion; quite another to misrepresent facts because you have a bias. The only way to eliminate prejudice is to shine a light on it. We can't change what we don't acknowledge and we can't acknowledge what we don't see.
Fanny - Left Photo As Captured At Home | Right Photo As Returned by State
I soon noticed the damage to the tips of her ears. Fanny is a very sweet, affection-seeking cat. What could possibly have happened to her in the hands of the State that caused such damage to her ears? The photo on the left was taken by the State on November 5, 2019 as she was captured. You can see her ears are perfectly normal. The photo on the right was taken by me on May 31, 2021 as she was flaunting her vampire look and shows the damage to her ears. This is the way she was returned to me by the State. The tips of her ears have clearly suffered some sort of trauma.
According to Jim Britt, communications director for Maine's Department of Agriculture, Conservation and Forestry, which oversees animal welfare seizures, the people handling my cats are "highly skilled and trained." To do what?
Article Posted June 1, 2021, Updated August 16, 2021 by Elmvale Farm
Savior or Slaughterer
"Save lives by killing feral cats." This is an accurate interpretation of the Animal Welfare Program website. It actually states, "save lives by...reducing the number of feral cats." Potatoe potato. It couldn't be more clear that it is a true goal of the Animal Welfare Program in the state of Maine to kill feral cats. An appropriate stated goal would be, "Save lives by helping manage feral cat populations." But they cannot say that because that is not what they do. There is absolutely no proof offered to show that spay and neuter programs help do any of the things listed. In fact, this state has barely made a dent in shelter intake over the last nine years. Any real people out there benefitting from these funds?
Animal Welfare Program Website, 6/7/21
"Help kill pets by making a donation online." Further along we read that we can help fight pet overpopulation. Apparently, the State believes we have too many pets and wants to reduce those numbers. Do you believe you have too many pets? Do you believe the State has the right to tell you how many pets you may own? Do you believe the State has the right to take your pets away from you for this reason? Do you believe the State has the right to make decisions for your pets? If you answered no to any of these quesions, you must stop supporting this program.
Animal Welfare Program Website, 6/7/21
The Animal Welfare Program in this state has no lofty goals. Their goals and actions are negative and intrusive and morally objectionable. Their motives are not even keeping with the law. There is no law limiting the pet population. There is no law requiring that you spay or neuter your pet. There is no law that allows the State to reduce the number of pets or feral cats. I have proven through this website that they will bully people and circumvent the law to achieve their goals. Protecting an animal's welfare means providing for its mental and physical needs. It doesn't mean eliminating animals or acting like a police force.
Here are the goals I would like us to achieve:
Improve the human-animal bond through education and outreach.
Create a program that helps people keep their pets when they are struggling financially or physically.
Create a program that gives pets to seniors who cannot afford them. The program provides the food, medical care and any specialty items while the senior provides the love and care. The pets remain the property of the program so if the senior is hospitalized, the pet is guaranteed continued care. A program volunteer or employee visits the senior each week to deliver necessities, thereby providing our seniors another caring person to visit with and keep an eye out for them.
Create a program to identify and manage feral cat communities throughout the state. This is the kind and sensible way to allow attrition by natural means to reduce feral cat colonies. Along with this we must address the high incidence of abandoned cats.
Act with kindness and compassion always.
Create a program to provide financial assistance for any animal in need that is brought to a veterinary clinic in this state.
Cooperate with local police and sheriffs to ensure full, complete and proper investigations into reports of animal abuse. The Animal Welfare Program should not be a policing unit.
Make it illegal for veterinarians to report suspected animal abuse. A veterinary office must be a safe place where pet owners can be assured their pet will get the care they need. There should be no distrust, suspicion, prejudice or bias clouding the relationship between a veterinarian, owner and pet. The current penchant for veterinarians to cooperate with the state by giving them your records and report the most ridiculous situations to animal control serves to create an atmosphere where animals cannot get the care they need.
Eliminate animal seizures for any reason except a finding of imminent danger or serious physical injury.
Article Posted June 11, 2021, Updated July 10, 2021 by Elmvale Farm
Shocking Overspending by Animal Welfare
At an outrageous cost of $182,392, the Maine Animal Welfare Program kept my 78 to 82 cats over a period of seven and a half months. The six-figure total would reach an embarrassing $291,827 per year and does not include any spays or neuters. That's over five times the average yearly income for a Maine household or around the cost of raising 21 children for a year. By law, the state is only required to compensate a shelter $5 a day for a cat or $8 a day for a momma cat with a litter, but you'll see the shelter is charging $6 and $9 a day. Some of the inappropriate expenses appearing on invoices to the state include capital improvements to the shelter's barn, and assets like tables and clipboards. Unnecessary expenses include candy for people and interactive toys for cats. A 28-pound bag of the World's Best Cat Litter—what the state bought—costs $26.95, while a 40-pound bag of Fresh Step Clay Litter—what I buy—costs $13.99. For just $30,000—one tenth what the state spent—I could have supported all the cats for a year, including all their rabies vaccinations and spays and neuters while they remained safe and happy at home. Instead, the state housed the cats in an old dairy barn at a questionable 68 degrees in winter, several dozen were in cages with no room to run and play, the others were in group rooms nowhere near the space they had at home, almost half a dozen picked up Giardia and suffered bloody diarrhea and another half dozen developed urinary tract infections. One cat was found dead in his cage seven months into custody. Three others have died or been killed under questionable circumstances while in the custody of the state.
According to Maine animal welfare laws, the owner is responsible for any reasonable costs associated with the keeping of the animals unless the complaint is dismissed without merit. This law is a license to steal as I believe is brought to light by this case. There are absolutely no controls on this spending. It is an unfair and unjust law that is too easy to abuse.
I would like to point out this part of the law: "If the complaint is dismissed for lack of merit, the board and the municipality where the possession occurred may share in paying the lienor's expenses." Every time this program moves forward with inappropriate actions and spending, it is neighbors and other taxpayers who bear the cost. Is this how you want your hard-earned money spent?
I am the stereotype, the butt of jokes, someone on whom society takes a generally negative view. I am the single woman with cats. I am shocked to experience prejudice at veterinary offices when veterinarians condescend to me as though having more than a few cats makes me mentally incompetent. They never talk to me that way when my male friend accompanies me. My veterinarian of over 35 years never talked to me that way. This condescension was never more obvious than when Angela Rogers, an animal welfare agent for the state, was speaking to me. The official paperwork contained a statement, "Hoarding situation with over 100 cats inside dwelling. ACO Allegedly is aware but wasn't allowed into residence." The person who sent animal welfare to my door reported me as hoarding over 100 cats. (This person, Roland Raubeson, is someone I have never met.) The state labeled me a hoarder and treated me accordingly. To understand what it means to label someone a hoarder, you need to know the actual definition of an animal hoarder.
The following definition comes from the Hoarding of Animals Research Consortium, an independent group of academic researchers based in Massachusetts.
An individual possesses more than the typical number of companion animals.
The individual is unable to provide even minimal standards of nutrition, sanitation, shelter and veterinary care, with this neglect often resulting in starvation, illness and death.
The individual is in denial of the inability to provide this minimum care and the impact of that failure on the animals, the household and human occupants of the dwelling.
Many people mistakenly believe having more than the typical number of companion animals automatically makes you an animal hoarder. The proof of that bias appears throughout this documentation as the state attempts to position me as someone who meets all of these criteria. Instead of looking at the definition and honestly determining if those criteria applied to my situation, they just applied those criteria. The day of the seizure, a police officer asked me how often I found a dead cat in my house. That question is evidence of prejudice, a preconceived opinion not based on reason or actual experience.
Article Posted July 26, 2020 by Elmvale Farm
Humane Defined
Ina, 11/6/2019 Capture Photo
Humane is an adjective meaning having or showing compassion or benevolence. Compassion is to show sympathy or concern for others. Benevolence is the quality of being well-meaning and kind. It is not exclusive to non-human animals. I would like someone to show me where and when, in any form, humane activity or behavior was exhibited in this case. People involved in this case through the animal welfare program should be ashamed to call themselves humane agents. No animals on this property had ever been treated inhumanely before the state took control of them.
Thankfully, this behavior does not extend to the court system, a place you would expect to find people with a jaded view of humanity, but where the security officers, the court clerk, the Judge and others within the courthouse were nice, helpful, kind and respectful.
Article Posted July 26, 2020 by Elmvale Farm
Misrepresentation of the Law
The Animal Welfare Program appears to be making its own version of the law. In this email from Animal Welfare Agent Angela Rogers, you will see her misstate the rabies law. Also, in all her emails she inappropriately capitalizes the word veterinarian, indicating clear bias toward this profession.
Rogers writes that, "The vaccination would be required annually, unless a Veterinarian deems a cat should receive a 3 year rabies due to temperament."
Maine rabies law states, "...must get a booster vaccination for that cat one year after the initial vaccination and subsequent booster vaccinations at intervals that do not exceed the intervals recommended by a national association of state public health veterinarians for the type of vaccine administered."
That national association recommends, "Vaccines used in state and local rabies control programs should have at least a 3-year duration of immunity."
Therefore only the very first vaccination must be a one-year. In fact, both the one-year and three-year rabies vaccines provide the same duration of protection. In the eyes of the law, however, the one year label means just that, one year duration. The difference between them is explained in the articles below. Nowhere does the temperament of the cat come into play. The important thing to remember is to use a non-adjuvanted vaccine as the adjuvanted ones have a high incidence of sarcoma formation at the injection site. A three-year non-adjuvanted vaccine is available from Merial called PUREVAX. It will cost more than the one year. If you are taking your animals to the veterinary every year anyway, the one year may be more cost effective for you, but that should be your decision, not the decision of your veterinarian and certainly not the decision of the state.
And be sure to get and keep copies of your rabies certificates in case the authorities show up at your door.
Significant Suffering and Inappetence Ignored by State
Wheezy, State Shelter Photo, 1/30/20
The state suggests 49 out of the 82 cats they seized have dental disease. The American Veterinary Dental Society reports that 70% of cats show signs of oral and dental disease by age three, so this would certainly not be an unusual finding in any population. Still, if 39 of the cats were two days to one year old, that means every single cat plus some of those too young to have dental disease have dental disease, making the state's findings unbelievable.
In my inspection of the state's documents with regard to dental findings, I identify nine with no findings, 16 with no exams, 10 with just gingivitis and 47 with some other kind of finding. Of those 47, at least 5 have questionable records, one was getting medical attention and 7 were under veterinary care for any dental issues. Only one cat showed signs of pain on eating and she was treated for that issue. Many dental problems, like some resorptions, may not require treatment. No cats showed an inability to eat or lack of appetite while under my care.
The state suggests 10 cats were referred for extensive, urgent dental cleanings and extractions that were causing significant suffering and inappetence, but only one was referred on the 11/6/19 exams. The soonest extraction or cleaning occurred on 11/19/19, two weeks into state custody, the last on record 11/27/19, three weeks into custody. Surely the veterinarian of record would have scheduled them immediately if they were truly suffering or not eating.
The state implies the cats lacked appetite due to dental issues, yet half the cats who had extractions done had body score indexes of 4, 5, 6 and 9. A cat with an average body condition is scored a 5.
C63, who could not be identified until February 2020 as Ruadhan, is the one cat noted on an 11/6/19 exam as needing urgent dental work, but was not seen at Falls Road until 11/13/19 when dental disease was noted with no further action or treatment. On 2/28/20, he is noted with significant gingivitis. Then by 3/16/20, his oral exam is normal. Also, this cat was noted as needing to be sedated during exams at Falls Road due to his fractious nature, so how well could an exam have been done on 11/6/19? No dental work was ever done on this cat. Was his pain and suffering ignored or was the 11/6/19 exam another error?
There are some other illogical findings, such as C19, a 4-month-old kitten with a dental grade 3. I think you'll agree that record can't belong to that animal. These types of errors and inconsistences continue throughout the state's records. How can any of the information presented by the state be taken as fact?
Toxic at Home 9/17/18, Killed in State Custody 11/20/19
Toxic was a 2-year-old gray female who had her first seizure at three months old. She only had them about every three to six months unless she was frightened or startled by something, so she wasn't on medication for them. I knew the state's actions were going to cause her to have seizures and I was afraid those seizure would be unrelenting if they didn't treat her.
I tried to warn them they didn't know what they were doing, but a disrespectful young man with a gun told me to stop running my mouth, so I had no choice but to sit on the sidelines while the state mistreated my animals. They clearly couldn't have cared less. It's funny, the police were there to protect the state. Who was there to protect the citizens and the animals?
The assistant state veterinarian, Rachael Fiske, reports that Toxic began to show neurologic signs on 11/20/19, which given her history and the 11/5/19 and 11/6/19 exams, cannot be true. The fact that they didn't take her to the veterinary for 15 days is difficult for me to comprehend. I can't imagine what they thought was happening with her. Three, maybe four, different veterinarians saw her during this charade and made no attempt to treat her behavior as epilepsy.
Rabies should not even have been a consideration. This is more of the prejudicial thinking leading this case. Fiske states Toxic's rabies exposure history was unknown. This is a lie. I told the animal welfare agent, Angela Rogers, there has never been a case of rabies on our farm. Rogers knew the indoor cats are kept indoors to keep them safe from predators and pregnancy, and Toxic was captured in the house. The video of her outside on the porch was the only time she's ever been outside—besides veterinary visits—and that was only to take photos and videos. She's one of over 82 indoor cats, but she's the only one who magically came into contact with a rabid animal inside the house that remained invisible to me and my father? Plus, if she had rabies, she'd have been dead already.
They could have called and asked, but the state chose to ignore the information I could provide, consistent with the way they've ignored everything I've told them regarding the cats and their care. I accumulated over $400 in veterinary bills keeping this two-year-old cat alive while the state took only 15 days to kill her.
Furthermore, the state suspected a cat inside my house had rabies yet they never informed me of this fact. Fiske further states a poor prognosis of recovery as part of the reasoning for killing the cat. Recovery from what? They didn't know what was wrong with her and there were no attempts to treat her symptoms other than giving her Convenia, azithromycin and fluids on 11/6/19 and Convenia again on 11/20/19. Fiske states public health concerns. What danger was the cat to the public when she was caged and well past the 10 day quarantine period? The ones most in danger, that being me, my father and the cats living on my property, weren't even informed of the alleged danger. Instead of returning the cat to me for appropriate care, the state chose to kill her.
The side effects of Convenia include tremors, ataxia, seizures and lethargy, four of the symptoms listed for Toxic on the Falls Road medical record. She was given an injection of Convenia on 11/6/19 and again on 11/20/19.
Article Posted August 11, 2020 by Elmvale Farm
Giardia Parasite Infects Cats in Shelter
Hemorrhagic gastroenteritis afflicts at least four cats who were treated between 11/20/19 and 12/6/19, fifteen or more days after removal from my house. This condition is an inflammation of the stomach and intestine with bleeding. The associated note in the medical records says "Fecal in house with Giardia," plus the billing dates of testing, lead me to conclude the cats were infected with Giardia from the shelter or foster home. Symptoms occur in from 3-10 days after ingestion of the Giardia organism by a cat from contaminated water, food or surfaces. The state tries to shift the blame for this condition onto me, but facts prove otherwise:
Symptoms actually occurred after 14 days into custody
Symptoms are known to occur within 3-10 days of ingestion
My cats had a fecal in September that was negative for Giardia
These facts eliminate my house as a source and point to the food, water or environment provided by the state. In addition, the afflicted cats came from three different areas of my house. Only Bravo and Bismark came from the same room. Limper was in with the general population and Turlough was in the other boys room. Meaning, far more cats would have been afflicted if my cats were the source. I've never seen bloody diarrhea here and my cats have never tested positive for internal parasites. The first fecal test in state custody was done on 11/20/19. Two cases are on 11/20/19, one case on 11/25/19 and one on 12/6/19. This does not mean these are the only cats who were afflicted, just that these are the only ones for whom I received veterinary records where this is noted. There is no indication the state took a fecal sample from my house. If they did and found it contaminated with Giardia, I'm very sure they would have brought it up in court.
The cats were returned with this parasite, so now I and my cats have to deal with diarrhea, sometimes bloody, on an ongoing basis. This now costs discomfort for the cats and extra time, energy and expense for their human. Giardia cysts are very difficult to eliminate from the environment. There are no treatments approved for cats in the USA.
Article Posted August 11, 2020, Updated March 18, 2021 by Elmvale Farm
Misdiagnosis Leads to Warrant
Sargeant, State Shelter Photo, 11/6/19
Warning: This story links to graphic photographs that may be disturbing to some viewers.
So, how did the state get a warrant? I took a cat to the emergency veterinary where he was diagnosed with a chemical burn and reported to animal control. This occurred on Sunday evening 10/20/19. On 10/21/19, the state ordered supplies for housing and care as documented on invoices. On 11/5/19, the state executed a search warrant, just two weeks and three days after the veterinarian reported her diagnosis. No investigation was done on the veterinarian's report. My explanation of the cat's condition was ignored. The warrant document is little more than an animal welfare agent's description of interactions and information from receipt of the complaint from Roland Raubeson—a person I have never met—on July 29. The agent visited my place of residence twice. She summarized emails between us, but left out some notable ones. She summarized the medical records she obtained as I was complying with her order and gave them a biased slant. She relates our conversations with a biased slant and incorrectly imparts what I said. I remember telling her she and I don't speak the same language. This is generally a problem you will have with people who don't listen to you and don't care what you say or think. I find it hard to believe the warrant could have been obtained without the conclusions I repeatedly told the veterinarian were wrong, so this is the story of Possum who was diagnosed by Andrine Belliveau, DVM at the Animal Emergency Clinic of Mid-Maine.
Article Updated March 1, 2021 by Elmvale Farm
How the Female Cats Turned Into Male Cats
Baby, State Shelter Photo, 11/6/19
The state's documentation to prove their case included the seizure log from 11/5/19 ("Log"), the triage forms from 11/5/19 ("Triage"), the initial veterinary exam from 11/6/19 ("Exam"), records from Falls Road Veterinary Clinic ("Falls Road") and several other veterinary clinics. I could not identify cats based on the state's records because the records were incomplete, conflicting or inaccurate. These were not minor or occasional errors. The following are just some of them:
3-year-old Canice (C4) regresses to become 4-6 months old on Triage.
Wheezy (C10), a 12-year-old spayed female, changes sex to adult male on the Log.
A miracle occurs when Memphis (C15), who is described on the Exam with discharges from both eyes, has normal eyes two days later at Falls Road. Oh, but then what happened? Three days later he has conjunctivitis and requires treatment which is not so much an error as just unbelievable.
Orlagh (or-la) (C36), a 1-year-old friendly female buff changes sex and disposition to become a 6-12 month old male possible caution feral on Triage.
Crazy (C14) is described on Triage as blind. If she's blind, I'm crazy.
Ina (C17) is a 3-year-old female red tabby who regresses and changes sex on Triage to become a yellow/buff 4-6 month old fearful male. Ina was never returned by the state and remains among the missing.
Margie (C20) is a 7-year-old spayed female who turns into a 1-3-year old male on Triage.
Lulu (C27) is a 3-year-old very friendly spayed red and white female described as yellow and white male with significant URI, stomatitis and ear mites on Triage, while Falls Road finds absolutely nothing significant two days later.
Ellie (C29), a 2-year-old female and the absolute sweetest cat ever is aged and loses her sweet nature to become a 4-6 year fearful possible caution on Triage. Ellie was never returned by the state and remains among the missing.
Pia (C56) is a 3-year-old female raised on a bottle who never knew a feline mother and is extremely bonded to me. She is regressed and changes disposition on Triage to become a feral 6-12 month old.
Caoimhe (kee-va) (C31), a 5-month-old kitten who has never had virus symptoms and is described with no significant findings on Triage, shows up three days later at Falls Road with respiratory infection, nasal discharge, congestion and conjunctivitis.
Tiggy (C77) is an 8-year-old spayed feral female who magically regresses and conceives as described on Triage as 1-3 years and likely pregnant.
Sierra (C49), a 4-year-old red and white female with medium length hair, became a male on Falls Road records.
Fairway (C16) is an 3-year-old neutered male described on Triage as feral and buff/white. He is not feral and has only a small bit of white on him. Then he is described as 4-6 years old and social on the Exam two days later.
At least 41 cats had significant errors in their documentation. The state's case is rife with incorrect data. There are duplicate forms. There is missing information. There is lack of methodology in data collection and recording. There is misidentification. If the state can't even record the sex correctly, why believe they have recorded anything else correctly?
Article Updated January 14, 2021 by Elmvale Farm
What Name You Call Them By
Kitten D, State Shelter Photo, 1/30/20
It was during my January 24, 2020 walk-through to view the cats that I learned Toxic had been killed. When I didn't see her, I had to ask where she was. Animal Welfare Agent Angela Rogers told me she was euthanized because they suspected she had rabies. Not one "I'm sorry for your loss" followed that pronouncement.
My lawyer had a difficult time just getting me a viewing of the cats. It was only allowed as part of preparing for the hearing. This was the one and only time I was allowed to see my cats for the entire year they were in custody. The caretaker was not comfortable having me visit her place, known as The Jordan Farm Livestock Rescue in Farmington. They asked my lawyer if they needed a police officer present while I was there. This says more about them than it does about me. My lawyer assured them they did not, but they had one there anyway. They also insisted my lawyer be present, which was fine with me. These cats are my property and I've yet to have my day in court, but I am not allowed to visit them, not consulted on their care and not informed of their situation. We were told that the cats must remain in their cages and not be handled. The director of the Animal Welfare Program, Liam Hughes, made a point of saying the cats were there temporarily and would be returning to their foster homes afterwards. I knew immediately this was a lie. First because there was no reason to tell us that, and second because there was no way they had that many foster homes. Clearly they were afraid I might return to cause trouble or steal the cats back if I knew their locations. Still, this made it impossible for me to ascertain the conditions under which the cats were being housed. We're just supposed to accept that the state knows best. It was later proven during the caretaker's testimony in court that many of the cats were housed at that location for the duration.
I already knew from the medical records that one of the kittens had died. I wanted to know how they would explain its absence, so when I saw Gracie in a room with her three remaining kittens, I asked, "Is this Gracie and all her kittens?" The response by one of the Jordan Farm people was, "I don't know what name you call them by." That struck me as such an odd, calculated response. Who says something like that? I can only conclude that statement was meant to insult me and minimize my connection to the cats. It's not what name I call her by, it's her name. Gracie was the only cat they took with kittens. I was standing right by the door to the room where they were being held. Either this person has difficulty making connections or she intentionally insulted me. "Where is the fourth kitten?" I asked. She had to look it up on paperwork being held by Angela Rogers. They tell me the kitten died of a cleft palate. Normal empathetic people would follow this with an, "I'm sorry for your loss." That didn't happen here.
Some of the cats were unresponsive and would not even lift their heads. I only noted four who were actively pacing their cages and seeking attention. Very sadly, Boo saw me and looked at me apologetically as though I was punishing him for something. There were quite a few people standing around and I overheard someone say to another person, "They are feeling better and getting used to you." The facts belie that claim and yet the claim is made. These people have totally lost perspective. These were cats who did not want whatever was happening to them, their cartakers were clueless and there was nothing I could do to make the cats feel better. Some had thicker hair as though they had been living in a cold environment. Most were out of place and not in with their sibling or familiar groups. They all had some kind of white plastic collar around their necks. Their state ID numbers were on their collars. When I inquired after the number for one of the cats, the Jordan Farm person said, "You can't approach her." I took that to mean it would be difficult to get her number. I also found that comment inappropriate and dismissive as I certainly can approach her.
Quite a few indoor cats were labeled with Caution warnings on their cages. This is very disturbing as there are only two cats I could not myself walk up to and pick up and only one of them is feral. The caution cats included one who was a bottle baby, very sensitive, but loving. They included a cat with cerebellar hypoplasia who comes when you call her name and sleeps with me. They included cats who actively seek affection. They included cats I've taken to veterinary offices without a problem.
As I was leaving, Angela Rogers explained that two cats had medical conditions that affected their quality of life and asked if I would surrender them so they could be euthanized. My response to my lawyer was that they could give them back so I could get a second opinion. Of course, the state refused. My lawyer commented later on how it was strange that if the cats had such serious medical issues they hadn't brought that to our attention sooner.
This would have been an opportunity for them to ask me about the cat's names or their histories, but nobody cared. I am unseen and unheard by people who have the power to hurt me and the things I care for. I have now experienced prejudice.
Article Posted August 8, 2020, updated March 22, 2021 by Elmvale Farm
If State Care Is Acceptable, Home Care Is Excellent
Pipp, State Shelter Photo, 1/30/20
I've already shown how the state's refusal to ask for owner input led to the deaths of several cats. Following are some more cases where lack of owner input, bias, arrogance or incompetence led to misdiagnosis and actual or potential mistreatment:
Limper (C8) was born with a short right front leg. The veterinarian seeing the cat while in state custody suggests "may require leg amputation." I find this to be an appalling suggestion, one that has never been made by any veterinarians who have previously seen Limper with me. Thankfully, Limper is now safe at home and will never suffer the pain and discomfort of an unnecessary limb amputation. Somehow I think if I had ever suggested such a thing to a veterinarian, they would have reported me to animal control.
Pipp (C23) has permanent damage to his right eye. It has been that way since it was first treated 5 years ago and I put a lot of money and time into saving it. Falls Road treated it repeatedly resulting in both eyes looking bad by January and recommends removing his eye. Pipp has been seen by four different veterinarians over his lifetime, two just in September, and none even hinted at removing his eye. Pipp was never returned by the state and remains among the missing.
Boo (C33) had no heart murmur when seen by a veterinarian in September or during any of his previous veterinary visits, but in the hands of the state, he's now described with one. And as with Pipp, they unnecessarily stained and treated his eye for a permanent corneal scar that is a result of the original infection treated six years ago. Boo was never returned by the state and remains among the missing.
Butterball (C43) is lost at the destination on 11/5, isn't recaptured for five days, then doesn't receive any medical attention until 2/5/20 when his ears are red, scabby and full of pus.
Ziggy (C55) is treated for toxoplasmosis when he has cerebella hypoplasia which is not treatable. Ziggy was never returned by the state and remains among the missing.
Beebs (C58) is treated for toxoplasmosis when she has cerebella hypoplasia which is not treatable. Beebs was never returned by the state and remains among the missing.
Peg (C73) is described as having a left hind limb malformation of unknown cause and the veterinarian suggests it may need amputation. It's not unknown and there is no reason to amputate. Thankfully, Peg is safe at home and will never suffer the pain and discomfort of an unnecessary limb amputation. Shockingly, she was returned by the state emaciated and with a severe mouth infection that required immediate attention.
Naomhan (C70) had a mass on the right side of his chest that was treated, but scheduled to get looked at by a veterinarian. Instead, he is taken by the state and gets only the cursory exam on 11/6/19 where no mass is indicated. He is never looked at again while in state custody because he "cannot be handled." Thankfully, Naomhan is now safe at home where he can get the love and attention he craves and medication he needs.
Twenty-three cats required treatment past the 60 day mark while in custody. That means the issues the state is complaining about being neglected in my care are continuing to occur in their care. This spreadsheet, which is based on the medical records, shows when cats were prescribed medications. Stella (C76), for example, is seven years old and is treated twice. One of Gracie's kittens is treated twice. Blackheart (C62) needed no treatment on 11/27/19, but on 3/16/20 his ears are full of debris and need to be cleaned and medicated. If we take the medical records as accurate, how can that 3/16/20 finding possibly be a reflection of his care at home? His ears are negative for mites on 3/16/20, as they should be given the shelter doused him with Revolution, but this is the first time I've seen a note "negative for mites" as though they actually did a test. They never did a test on any other exams, just kept pronouncing every cat with dirty ears as an automatic indicator for mites. Dirty ears are not unlawful, but an uncontrolled mite infestation could be, so the state wouldn't want to take any tests that might prove the mite situation isn't as bad as they need it to be.
If the care given the cats by the state is considered acceptable, then the care they received at home has to be excellent. Ear mites and virus symptoms may not always respond well to management, but that doesn't mean there is no management or that adjustments aren't being implemented. We aren't exposing the animals to new and dangerous parasites or organisms or diseases. Their basic medical needs are met. We have saved many cats and kittens who would have died without our intervention. We aren't subjecting them to physical trauma and we aren't subjecting them to psychological trauma. They have a selection of foods available at all times. They get water fountains in addition to still water bowls. Their food and water is clean. Many get special treatment. Beebs, for example, doesn't eat dry food so gets fed canned food twice a day. They are allowed access to 10 rooms in a 15-room house where they can run and play and hide. They all have names, they all have identities, they all have records and stories and histories. They are not strays, they are not unwanted, they are not homeless, they are not neglected or abused. We would never, within our power, let anything bad happen to them. Our only regret is that we couldn't stop what the state has done to them.
Article Posted August 24, 2020 by Elmvale Farm
What About Those Laws?
Zulu, State Shelter Photo, 1/30/20
Regarding section 4013, necessary sustenance.
At the time of the seizure, there were 359 lbs. of dry cat food comprising four varieties and over 240 cans of wet cat food comprising six varieties on hand. There are multiple food and water stations. There is milk replacer and there are supplies for the three bottle kittens. The cats prefer fresh food, so dry food and water containers are refilled throughout the day as they empty. A small amount of canned food with water added is offered once a day to all cats. Some cats with special needs are fed separately and get a full ration of canned cat food twice a day. Detailed documentation of expenses supports the ongoing quantity of food dispensed. The barn cats are given both dry and canned food and water once a day in the big barn and twice a day in the barn attached to the house.
Regarding section 4014, necessary medical attention.
Some of my cats had alleged virus symptoms and ear mites. The state, and apparently the complaintant, would have you believe I just ignored any medical issues with my cats. If that were true, there would be debilitated animals, dying animals and dead animals. Due to the problem of antibiotic and insecticide resistance, I choose to treat my animals with natural remedies. If those don't work, naturally I take them to the veterinary. I am very careful about how prescribed antibiotics or insecticides are used. For example, I will not put an insecticide on my animals every month as a preventative. First because I do not believe it is healthy to constantly expose our pets to insecticides, second because using the same insecticide every month is exactly how resistance is created and third because it isn't necessary unless the animals are being re-exposed to pests.
The state is basing their opinion on a single moment in time, on seeing a single animal in a window, on a report based on gossip. With prejudice, they are assuming animals with permanent damage never received veterinary care. In fact, I worked hard to save many of these cats. Pipp, for example, would have lost his eye. Aongus would have died from an umbilical infection, Peg would have died from the umbilical cutting off circulation to her foot, Maggot would have died from a racoon bite. Bud, Adorable, Pia, the bottle twins, Baby, Bebe, Charger, Tripp and Pipp would have starved from abandonment. Boo would have died from the side effects of a viral infection. Ziggy, Stella, Stevie, Casey and Taffy would likely not have survived into adulthood. The state didn't care if the cats had been seen by a veterinary or were being treated. In fact, eleven of the cats in custody had recently been seen by a veterinarian and I bet you couldn't pick out those animals just by looking at them or the state's records.
Regarding section 4015, proper shelter, protection from the weather and humanely clean conditions.
There are two large two-story weather-tight barns on the property, plus a shed and a large three-sided barn accessible to the cats with many nooks and crannies and hay piles.
According to the Journal of Feline Medicine and Surgery, one of the main causes of stress in cats includes a barren environment because it provides no opportunity for natural behavior. One of those critical natural behaviors is hiding and studies suggest that not allowing cats the opportunity to hide may adversely affect their welfare. Therefore, clutter or what the state might consider trash does not create an unhealthy environment for cats.
According to the American Association of Feline Practitioners and the International Society of Feline Medicine, the five pillars of a healthy feline environment are: 1) a private and secure place to hide or retreat to. 2) Multiple and separated environmental resources such as litter pans, food and water. 3) Opportunity for play and predatory behavior. 4) Positive, consistent and predictable human-cat social interaction. 5) Respect the importance of a cat's sense of smell. This means avoiding scented litter, using synthetic pheromones and avoiding cleaning areas facially marked by cats. My cats enjoy all of these, except the litter may be scented if that's the only choice for that brand and type of litter.
The assumption made by the state is that the situation they found on 11/5/19 is stagnant and never changes. There are numerous factors involved and none were considered that did not suit the state's case. Further, there is no evidence to support that the living environment at the time of the seizure was unhealthy for the cats or the people living here. What the evidence does support is that my cats were exposed to a nasty organism while living in a state-approved shelter and that they continued to get sick in that environment.
No cat here is ever deprived of a clean space to eat, drink, sleep or do their business. No cat is ever forced to eat, drink or sleep so close to a litter box their food, water or bedding can become contaminated. Look at the state shelter photos and tell me they can say the same. No cat is ever forced to lay in their own excretions like they are in some state shelter photos. There was nothing about the environment in my house that caused any pain, suffering or illness to the cats. All the cats want to do is run and play, knock things down, scratch things up, mark things, pee on things, chew things and make a big mess. According to a 2016 Scientific World Journal article on environment aspects of domestic cat care, many common behavioral problems are not tolerated well by owners, and approximately 12% of cats are relinquished to shelters due to behavioral problems. The leading reason in one study for relinquishment of cats was soiling the house, followed by destructive behavior. We are obviously tolerant of these natural behaviors and would never abandon a cat because it acted like a cat.
Thermal discomfort is thought to be a common experience for cats, despite being an issue that is relatively easy to remedy. They prefer temperatures from 86 to 100 degrees, but are usually forced to live in 71 degrees. According to testimony by the state's chosen caretaker for my cats, their barn is kept at a temperature of 68 degrees. At home, my cats get to pile around wood stoves during the winter.
Another environmental factor that impacts a cat's well-being is odor. Like the cleanliness of my house, the smell of my house being objectionable is more to do with humans than with cats. Potentially objectionable odors to cats include the scent of cleaning chemicals.
Reducing noise levels to a quiet conversational level may also be beneficial to cats. Since most areas of my house are unused by humans, they are very quiet. Note the high noise level in the videos the state took of Ziggy and Beebs.
Orono Temporary Isolation
Regarding space requirements of cats, recent studies indicate the quality of the environment to be more relevant than the size of the cage, though common sense will tell you they need enough room to play and their litter box activities can't contaminate their food and water. The picture here shows appropriate temporary housing I provided for four cats I had to move from the farm to my house in Orono. There are three hiding places in this room: an empty box, a carrier behind the closet door and the closet itself. Despite being taken to a veterinary for checkups and flea treatment, driven almost two hours and placed in a strange new environment, the cats never used their hide boxes or exhibited signs of distress because they were appropriately handled, had a familiar caretaker, had each other and had suitable space. Ten years later, the cats in this picture were taken by the state. One of the cats in this picture is shown in a state custody picture attempting to hide in a litter box instead of curiously looking out a window.
Scientific evidence indicates that removing feral cat populations only opens up the habitat to an influx of new cats, either from neighboring territories or born from survivors. This is known as the vacuum effect. Some cats will evade capture, people will continue to drop off unwanted cats, strays will wander in and the cycle will just start again. Trap-Neuter-Return-Monitor programs appear to be the most effective way to manage and reduce feral or outdoor cat communities over time. The person caring for a community provides food, water and shelter, spaying/neutering and medical care when possible.
It is not possible to capture and treat feral cats for every illness. Sometimes a cat will be injured and there will be nothing you can do if the cat won't go into a trap. But the law may still hold the caretaker responsible. This is another aspect of animal welfare law that is unfair and unjust and of no benefit to the animal. Allowing a feral cat to live out its natural life unmolested by humans is no more inhumane or cruel than allowing any wild animal to live out its life unmolested by humans.
But there is also a big difference between a feral cat and a housecat who became a stray. A feral cat will always be feral and will never be an affectionate housecat. An abandoned housecat who became fearful due to circumstances will respond well with time and patience. Capturing the first one is definitely cruel while capturing the second could be humane.
Campaign of Hatred, Prejudice and Harassment Continues
On September 25, 2020, the Court dismissed the state's case and ordered the return of my cats. The Lewiston Sun Journal published an article on October 6, 2020 that contained information, opinions and photographs released by Jordan Farm Livestock Rescue of Farmington, Maine, the state-approved shelter that was given care of my cats. The information, opinions and photographs were clearly intended to undermine the Judge's decision and the public's confidence in that decision. Furthermore, the caretakers had to know it would make me the target of harassment and put the animals in danger. And it did.
Harassment Flyer Postmarked 10/9/20
Certain members of the public chose to believe what the shelter presented and harass me with nasty posts and emails, spread their lies across the internet and even publish a flyer that they mailed to my neighbors. This flyer was mailed on October 9 and publishes, without permission, images and phone numbers of people who are not public figures. The return address was "Friends of Barn Cats," a nonexistent entity that purportedly resides on route 126 in Wales. We again have senseless statements, like this one, "Many won't survive the winter." How did they manage to survive last winter and the forty winters before that?
Daisy From Sun Journal Article of 10/6/20
The photo from the Sun Journal article shows Daisy on November 6, 2019, a day after she was captured, and on February 2, 2020 while in custody. This photo comparison was clearly intended to make it look like I neglected my cat. Except, please see the photo I took of Daisy as she was returned to me on November 6, 2020. If I was neglecting my cat based on her appearance, then so was the shelter. Daisy has a chronic susceptibility to the herpes virus. She needs to be treated often. And yes, her eyes can get bad during flare ups. The type of misleading information put out by the shelter is dangerous. It stems from prejudice, and I daresay ignorance, it feeds hatred and leads to harassment.
Daisy As She Was Returned to Me, 11/6/2020
The fact that you can come to my home and see a cat with eye issues does not mean I'm not treating her, it means I have a cat with eye issues. Is Daisy one of the reasons I fought to get my cats back? You bet. She's a beautiful cat with some cute quirks, but very few people want to provide a permanent home to a cat with chronic medical issues.
The same misinformation from the October 6 article appeared in a later letter to the editor. According to the reporter who wrote the October 6 article, people continue to contact him about my cats and want to see something done. Well, something was done to the detriment of my cats, me and my family, while the state enforced their vision of the law and took me to court. The state had every opportunity and resource to prove their case. Nobody thought I could win a case against the state and told me to just let the cats go. Of course I couldn't do that because nobody cares more about these cats than me, and nobody should be afraid to stand against injustice, prejudice and hypocrisy.
I can't help but notice the state seemed happy to comment for the news reporters after the seizure but I've seen nothing from them on the Court's decision. In fact, except for reluctantly returning most of the cats, their only response has been more demands. I should think the proper response for our government in this case would be a public acceptance of the decision and an apology for the pain and suffering they have caused.
Gossip is conversation or reports about other people's private lives that might be unkind, disapproving or not true.
Harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them.
Abuse is to treat a person or an animal with cruelty or violence, especially regularly or repeatedly.
If you can't help improve someone's life, why would ever want to diminish someone's life? What do you get out of harming others?
In these examples, you will see the prejudice toward hoarding. You will see how people assign all the characteristics of a hoarder to me even when they are disproven. You will see how people pick and choose pieces of evidence from this case to suit their narrative. These are people who have the capacity to harm animals (if they will go out of their way to harm a human being, they will harm any animal) and I do not want them around my cats, yet I have no control over who is caring for them.
One person threatens my life by writing, "...it's people like you we want to reduce." Another is desperate to prove I am a hoarder and cannot see past his own prejudice. He jumps to conclusions that suit his narrative. He is repeating heresay and that makes him a gossip. Still another cannot imagine a different life, so anyone leading a different life must be out of their mind. He thinks the stench must be unbelievable. Have you ever stepped into a cow, horse, sheep, chicken or pig barn? Animals come with smells. I've smelled worse in the visibly clean homes of dog lovers. We aren't asking you to live here and we would never invite you. We tolerate it because we love animals. The cats certainly don't care, so why do you?
Some assure me the harassment will not stop.
I'm thinking some people need to look in a mirror.
Shockingly, some woman named Becky Lane actually made a comment that the cats should all have been killed rather than returned to me. As she is a friend of one of the known caretakers, I fear this person has access to my cats and with eighteen still missing, I have every reason to be concerned for their welfare. This person should never be allowed around a shelter.
Article Posted February 2, 2021, Updated March 10, 2021 by Elmvale Farm
The Road to Slaughter Is Paved With Good Intentions
Aodghan, State Shelter Photo, 1/30/20, 76 days in custody
Maine shelters took in 15,589 stray and surrendered cats in 2019. Five years ago, that number was 5% lower. There are many reasons people decide not to keep a cat, including soiling the house, problems between pets, aggression toward people, unfriendly and afraid. It would appear a large number of people choose to abandon a cat instead of taking it to a shelter, or perhaps they let their cat outside and the cat chooses to leave. This should tell us our methods of saving animals are not working, and given the actions of the Animal Welfare Program toward me and my cats, it's not surprising.
Cats are sometimes treated like vermin and systematically gassed as happened to 72,000 cats destroyed in the ASPCA's lethal chamber during the 1916 polio epidemic in New York City. Think that doesn't happen anymore? An entire population of cats was eradicated from the Montebello Islands in 1999 by lethal baits and trapping. This control and eradication of cats from islands is widespread. These activities are often supported by animal welfare and humane groups. Feral cat colonies in the United States and the people who try to care for them are constantly under seige by the authorities. If you are trying to help a feral cat colony, you are in danger of being cited for animal welfare violations.
According to Alley Cat Allies, 72% of cats entering shelters are killed and that number goes up to almost 100% for feral cats. Carols Ferals specifically tells us to never take a feral cat to a shelter as they will be immediately killed. Feral Felines of Portland states "Shelters, overflowing with domestic cats, often must euthanize ferals. No-kill shelters have limited space for unadoptables. For most adult ferals, the best help we can offer is to neuter them and allow them to remain in their established colonies..." This is what I was trying to do for the feral cats when the state stepped in and put a halt to my efforts.
Does the state consider the psychological effect of this event on the cats? In this situation, cats who are natural predators become the prey. The cats have and are being severely traumatized by the hunt and capture and confinement to a small cage with no environmental benefits. They are scared, as clearly indicted by several of my cats with cerebellar hypoplasia. They are stressed, as clearly indicated by the feral adult male who was pulling out his hair and would most definitely be euthanized if given over to the state. Instead of experiencing a natural death, he would find an early end in a gas chamber after months of suffering. Thankfully, he was returned and is back enjoying his freedom. Even for those who are adopted, cats acquired from a shelter, as a stray, or from a friend all tended to show anxiety more often than those born in the owner's home. One study found that owner surrender cats may experience an additional psychosocial stressor of forced social separation from their primary caretakers and home environments. The truth of this statement is evident in the number of my cats with incorrectly identified dispositions and experiencing new and increased health issues while in state custody. Even the cats left behind are experiencing new stresses from the trauma of predators entering their territory and having to adjust to a new community dynamic.
Some of my cats have perished in the hands of the state. Some are gassed in preparation for medical treatment because they are so scared they are unmanageable. Those same gas chambers would be used to end their lives. Good intentions are meaningless when they pave the road to slaughter.
The Fourth Amendment of the U.S. Constitution protects the privacy rights of citizens against excessive intrusions by the government. It states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
So, we need a number of things for a legal intrusion. First is probable cause and probable cause requires objective evidence to indicate a suspect's responsibility for a crime. Objective evidence is not subject to bias and is based on facts that can be independently proven by means of analysis, measurement and observation.
The next is an oath or affirmation, which is simply someone stating that the information in the affidavit requesting a warrant is true.
And finally, the affidavit requesting a warrant must provide a description of the place to be searched or persons or things to be seized.
The Fifth Amendment of the U.S. Constitution prohibits the government from depriving citizens of property without due process. It states:
"No person shall...be deprived of life, liberty, or property, without due process of law..."
In addition, the Fourteenth Amendment of the U.S. Constitution prohibits states from depriving citizens of property without due process. It states:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
So, now the questions are:
Was there probable cause to request a warrant? Did the affidavit identify objectively suspicious facts showing a search was reasonably likely to turn up evidence of a crime?
I do not believe a warrant would have been granted if the animal welfare agent had been reasonable, truthful and unbiased in her information or the veterinarian hadn't called animal control to report her opinion that one of my cats had a chemical burn.
Was all the information in the affidavit true?
No, it was not.
Did the affidavit describe the place to be searched or the persons or things to be seized?
The affidavit names me as Katherine O'Connell. That's not my name. It describes the property to be seized as evidence of the crime of cruelty to animals. Live animals do not need to be seized as evidence. The live animals themselves were never brought into court to be presented as evidence. They themselves were not an illegal possession.
Was the property seized evidence of a crime?
Of course not. The warrant specifically states, "...animals which have been found to be deprived of..." It is impossible to determine if an animal has been deprived of anything or has been treated cruelly based on a single moment in time. There are numerous scenarios in which animals can appear to be neglected or deprived or treated cruelly when they absolutely are not. Then there are scenarios in which animals are clearly being mistreated, but that mistreatment is excused because of who is doing it. Therein lies the hypocrisy, prejudice and abuse of power.
Last question, did the state deprive me of liberty and property without due process of law?
Absolutely. The state is currently holding my property without due process of the law. This fact should be clear and indisputable. The actions of the state have resulted in personal and financial losses and persistent cruel and unusual punishment.
Due process itself is based on principles of fundamental fairness. The qualifications for justifying actions is that they promote public safety, health, morals, public convenience and general prosperity. These cats have no contact with the public, so they didn't affect public safety, health or convenience until the state took them. I would argue that the state's actions endangered the public and promoted immoral behavior. And the only ones prospering were those on the receiving end of the $300,000 plus spent.
I am not providing the full affidavit requesting a search warrant because it was not admitted to the Court and it is 18 pages of heresay, misstatements and misinformation. I am only addressing the affidavit because it is important for people to realize how easily this instrument, contrived by a single person, can be used to violate your constitutional rights.
A sentence from the affidavit reads:
"The affiant is familiar with the premises and will assist in execution of the search warrant."
If two visits and standing in the front driveway constitute "familiar" with the property.
The property to be seized is described as "animals which have been found to be deprived of necessary sustenance, necessary medical care, proper shelter, protection from the weather and/or humanely clean conditions."
Every cat they could capture was taken, regardless of its circumstances and in clear view of sustenance, medical treatments, shelter and protection from the weather and even humanely clean conditions, all within the parameters of the law.
Agent Angela Rogers writes that she has probable cause to conduct the search and seizure on the basis of the information contained in the affidavit. The information contained in the affidavit goes like this:
A complaint from a man I have never met and, to my knowledge, has never been in my house or anywhere near my cats. The affidavit did not establish this man's relationship to me or my cats or how he came by this knowledge.
Pages and pages of Rogers' descriptions and recollections of her two conversations with me standing on my porch or in my driveway. This is why you don't talk to people who can turn around and put words in your mouth. Trying to reason with the agent was my mistake. Stupid me. I didn't realize she could turn around and rewrite every word to her viewpoint for a warrant. Let's look at the truth.
The agent writes, "Ms. O'Connell stated that she has been to several Veterinarians in the past but since they make complaints to the ACO [Animal Control Officer] when she leaves she does not want to continue using them." The accurate rendition would be, "Ms. O'Connell stated that after bringing almost a dozen cats to Lisbon Road Animal Hospital for neutering, the ACO showed up at her door, thereby leaving Ms. O'Connell to conclude that Lisbon Road Animal Hospital was not interested in providing her animals with veterinary care. This forced a delay in veterinary care while she sought out another practice."
Here's another doozy that you will see repeated on an internet post in the article on harassment. The agent writes, "Ms. O'Connell declined and stated that there is wildlife around that 'takes care' of some of the cats." This doesn't even make sense. The correct interpretation is, "Ms. O'Connell stated that there is wildlife around and that is why the cats are being kept protected inside the house."
In one paragraph, Rogers mentions Mr. Strout asking my father, an 83-year-old man with dementia, to be honest about how many cats are in the house. If this is true, not only is this taking advantage of the elderly, but there is no mention of Mr. Strout asking what kind of medical care the cats receive or if they have enough food or whether the cats live in a healthy environment.
This next one is pure fabrication. In a section relating the report from Dr. Andrine Belliveau, where Rogers states things the veterinary says I said, Rogers writes, "Ms. O'Connell stated that many of the cats in her home have FIV and FeLV and that was the reason for the cat's condition." I did not, nor did I have reason to, discuss FIV or FeLV with Dr Belliveau.
There were several pages summarizing the emails exchanged between myself and Rogers. Seven emails were missing, including one where I tell Rogers I am seeking legal advice due to her misinterpretations and one relating my continued efforts to comply with the agent's order.
As I was complying with the state's requests for rabies certificates, Rogers was calling veterinary clinics and collecting medical records. She writes about those medical records, "In the meantime, a mass of other medical conditions have been identified that require treatment." She implies that 11 cats had the listed medical conditions. There were 5 out of a total 16 cats with the referenced medical conditions, and some of those medical conditions were not even medical conditions (i.e., stained fur) or treatable (i.e., corneal scarring). Only three cats were treated, and those treatments were not "required" as they were not urgent and certainly not life-threatening.
The agent states she has repeatedly attempted to work with me and provide me with resources. This agent did not attempt to work with me or make any effort to cooperate with me or gain my trust or provide me with usable resources. This agent made demands and lied and manipulated. It is not possible to cooperate under these circumstances.
Monk, State Shelter Photo, Yellow Stains, 2/4/20
Rogers refers to the stained fur and writes, "As well as indications of the living conditions inside the home as the white fur on a cat's paws was stained yellow." She implies the living conditions are dirty in some way, yet another cat seen by the same veterinary at the same time has white feet and he had no staining. Please note the picture with this article of Monk after three months in the shelter with his chest and legs stained yellow. If yellow stained fur indicates a problem of some sort in my home then it also indicates a problem of some sort in the shelter. This is another example of hypocrisy.
Rogers goes on to state that a single cat she saw in a window required a notice to comply to get medical care. Animals have been treated on this farm very sucessfully for over 40 years without requiring direction from Rogers or anyone else from the state.
Rogers states, "Despite being given multiple resources, Ms. O'Connell has only vaccinated 16 out of the 21 known cats..." Rogers offered two possibilities, so this statement is not inaccurate, but her two resources proved inadequate, leaving in debate whether they can then be described as resources. This statement could be, "After being given multiple resources, Ms. O'Connell made every effort to get the cats vaccinated within a reasonable time and currently has 16 out of the 21 known cats..." It's a matter of perspective and when it comes to violating constitutional rights, should it be?
Rogers admits, "Assistance with spaying and neutering the animals has been repeatedly offered to stop the reproduction cycle of the population, if Ms. O'Connell agreed to downsize in the number of cats on the property. Ms. O'Connell has refused." I did not refuse the help with spay or neuter. I did refuse to kill any of my cats or put them into shelters. I found that contingency and that demand morally objectionable.
This affidavit is not a fair or honest compilation of facts. It is disturbingly biased. The rights outlined in our constitution are predicated on men and women risking their lives and violating the law themselves to free us from an oppressive governing authority. Yet, still today, that oppression can be seen in far too many places.
A warrant gained by deceit is an instrument of that deceit and not an instrument of the law.
