Although we did not need any reminders, we received a number of e-mails and postings from people around the world recalling what happened exactly one year ago today. In an act of brutality and callousness that rivaled any terrorist or criminal act committed anywhere in the world over the last year, Judge Brain Walsh of the Santa Clara County Superior Circuit, a man who says he sits on the bench with angels at his side, condemned to death the beautiful, gentle family dog Lucy. Her only crime was being a dog, a pit bull. In doing so, Judge Walsh ignored the pleas of thousands of people around the world who had rallied to Lucy's side in less than 24 hours, pleading with him to show compassion, not to mention fairness, and to do what was right. Judge Walsh, a graduate of the Roman Catholic University of Notre Dame University no less, opted for death, when other options were available to him to protect the community, if indeed that was even a cause of concern. Worse, he allowed the Sunnyvale city attorney and the Humane Society of Silicon Valley to deprive Lucy's long-time guardians of being with her when she breathed her last breath and of taking her body home for a decent burial. He committed these despicable miscarriages of justice and compassion after Governor Arnold Schwartzenegger also refused to intervene.
Judge Walsh did not act alone in what should be unforgivable acts. To be sure, the judge did not initiate the chain of events that led to Lucy's wrongful death, but he had the last chance to stop this tragedy from happening. (Pontius Pilate acted more nobly than did Judge Walsh.) David Kahn, the Sunnyvale city attorney, and Don Johnson, the callous police chief who initially condemned Lucy to death for an act that was provoked and expected, bear as much responsibility for what happened to Lucy as Judge Walsh does. Although we are not close to the situation, there is no indication that any have shown the slightest remorse over their actions.
Although some showed concern, if not compassion, Sunnyvale Mayor Otto Lee, City Manager Amy Chan, and City Council members Christopher Moylan, John Howe, Dean Chu, and Melinda Hamilton essentially stood off the side, silent, and could do nothing. The ugly chore to kill Lucy fell to Christine Benninger and Beth Ward of the Humane Society of Silicon Valley, individuals whom the public believes speak for animals and not betray them, as Benninger and Ward did to Lucy. Outside the animal shelter where Lucy was killed, a place that is supposed to be a refuge of hope for animals, tears flowed as the sun set over an already dark city. Across the world, during a time that was supposed to be joyous for many people, tears also flowed for Lucy. They still flow today if the e-mails and comments we received are any indication.
The only people who showed any sign of jubilation over Lucy's death were those with whom civilized society would prefer to have nothing to do. Those are the people whose values Judge Walsh represents.
Lucy has since become an icon in the animal welfare and protection movement. Her death represents all that is wrong with the system, and society. Lucy's death has already motivated many to work to spare many other beloved dogs and their guardians from the same dreadful fate she suffered. Some day, Judge Walsh and his accomplices in this terrible event will understand the impact of what they did to Lucy. Until then, Lucy's death shall not be forgotten.
As sad as Lucy's case is, what happened to her is happening in many cities across the country every day. Please do what you can to stop this callousness. Please write to the above named individuals and plead with them to remember what they did to Lucy, and to understand why what they did was wrong. But please be polite in your letters as these people, no matter how dark their actions, can be forgiven because they truly did not understand that what they did was wrong. And they were only doing the jobs the public pays them to do, as abhorrent as those jobs are.
Thanks for remembering the horror of the day, one year ago, when Judge Walsh and the city of Sunnyvale killed Lucy. Thanks for remembering Lucy.
Saturday, December 20, 2008
Thursday, December 20, 2007
Lucy is dead
Please also see the original petition site set up by Lucy's guardians.
Tongith, at this very moment, David Kahn, Sunnyvale city attorney, ordered that Lucy be put to death at 5:15 (8:15 EST) this evening. Gov. Schwarzenegeer chose not to got involved in the matter. In what was a despicable, unforgivable act of callous vindictiveness in retaliation for the international campaign to save Lucy, Sunnyvale city attorney David Kahn refused to allow Lucy's guardians to be with her when she was killed by the Humane Society.
Evil exists in this world. It is evident that we the people have little control in stopping it, or at least our public officials want us to believe that.
Thank you all for your efforts to save Lucy. Even for those of us who never met Lucy, she was a good dog. Our hearts go out to Liam, Ian and Desiree for their great loss. Our hearts also go out to Shannon Keith and Christine Garcia who worked tirelessly for five months to save one dog from a grievous injustice. As for the rest of us, the very first commenter to this blog (KC) said it best when he or she wrote, "I AM SO PROUD TO BE PART OF THIS COMPASSIONATE MOVEMENT." That is precisely what this was all about. Our public officials still do not understand that.
We cannot let Lucy's unjust death at the hands of our government just disappear. So please return to this site --- and others --- for or with suggestions on what we all can do to make sure this wonderful dog did not die in vain. I intend to keep this blog up for as long as Lucy remains in my heart, probably forever. Lucy was our dog, too.
And we call ourselves a civilized society. And we call a dog our best friend.
For those wishing to express their opinions in writing by mail to the Sunnyvale and Santa Clara County officials involved with this case, please click here to/or see appendix (2) for their office addresses. E-mail addresses and other contact information can be found elsewhere on this blog. In your communications to these public officials, Blogger suggests that you be polite and constructive. Avoid criticizing their person and comment only on their actions and behaviour. (Of course, we all know that actions speak about the person, but that's not the point.) What you are trying to do is to improve the process of government for Sunnyvale and Sana Clara County, because if it improves there, it will save many dogs in the future there, and then it will serve as a model for elsewhere. You can say everything you would ever want to say in a calm, constructive tone, everything. It will go much farther than angry, ad hominem remarks. But you do what your heart tells you to do.
Please also see Palo Alto News report on Lucy's death (In the report, Ms. Fulda, of the Humane Society makes an ambiguous hypothetical comment about Lucy that I must point is wrong. She said that to cover the Humane Society's actions in this case. Lucy tested zero for aggression on a scale of 0-10. All at the Humane Society who knew Lucy there agreed. Fulda's comment was purely hypothetical and could have applied to any dog. For that reason, her comment was totally irresponsible. And she calls herself a member of a humane society? Her comment was even HUMAN.)
Shannon Keith and Christine Garcia represented Lucy for over five months as part of their pro bono efforts, which they do from time to time in their work. To learn how you can help out and support their efforts, please visit their their organizations' web sites:
A.R.M.E. (Shannon Keith, President)
Animal Law Center (Christine Garica)
Please note: Blogger is not connected in any way with either of these attorneys.
Tongith, at this very moment, David Kahn, Sunnyvale city attorney, ordered that Lucy be put to death at 5:15 (8:15 EST) this evening. Gov. Schwarzenegeer chose not to got involved in the matter. In what was a despicable, unforgivable act of callous vindictiveness in retaliation for the international campaign to save Lucy, Sunnyvale city attorney David Kahn refused to allow Lucy's guardians to be with her when she was killed by the Humane Society.
Evil exists in this world. It is evident that we the people have little control in stopping it, or at least our public officials want us to believe that.
Thank you all for your efforts to save Lucy. Even for those of us who never met Lucy, she was a good dog. Our hearts go out to Liam, Ian and Desiree for their great loss. Our hearts also go out to Shannon Keith and Christine Garcia who worked tirelessly for five months to save one dog from a grievous injustice. As for the rest of us, the very first commenter to this blog (KC) said it best when he or she wrote, "I AM SO PROUD TO BE PART OF THIS COMPASSIONATE MOVEMENT." That is precisely what this was all about. Our public officials still do not understand that.
We cannot let Lucy's unjust death at the hands of our government just disappear. So please return to this site --- and others --- for or with suggestions on what we all can do to make sure this wonderful dog did not die in vain. I intend to keep this blog up for as long as Lucy remains in my heart, probably forever. Lucy was our dog, too.
And we call ourselves a civilized society. And we call a dog our best friend.
For those wishing to express their opinions in writing by mail to the Sunnyvale and Santa Clara County officials involved with this case, please click here to/or see appendix (2) for their office addresses. E-mail addresses and other contact information can be found elsewhere on this blog. In your communications to these public officials, Blogger suggests that you be polite and constructive. Avoid criticizing their person and comment only on their actions and behaviour. (Of course, we all know that actions speak about the person, but that's not the point.) What you are trying to do is to improve the process of government for Sunnyvale and Sana Clara County, because if it improves there, it will save many dogs in the future there, and then it will serve as a model for elsewhere. You can say everything you would ever want to say in a calm, constructive tone, everything. It will go much farther than angry, ad hominem remarks. But you do what your heart tells you to do.
Please also see Palo Alto News report on Lucy's death (In the report, Ms. Fulda, of the Humane Society makes an ambiguous hypothetical comment about Lucy that I must point is wrong. She said that to cover the Humane Society's actions in this case. Lucy tested zero for aggression on a scale of 0-10. All at the Humane Society who knew Lucy there agreed. Fulda's comment was purely hypothetical and could have applied to any dog. For that reason, her comment was totally irresponsible. And she calls herself a member of a humane society? Her comment was even HUMAN.)
Shannon Keith and Christine Garcia represented Lucy for over five months as part of their pro bono efforts, which they do from time to time in their work. To learn how you can help out and support their efforts, please visit their their organizations' web sites:
A.R.M.E. (Shannon Keith, President)
Animal Law Center (Christine Garica)
Please note: Blogger is not connected in any way with either of these attorneys.
Another Posting that Came in On Lucy - LUCY IS GONE
Late this afternoon, Lucy and her family and friends ran out of options. After being allowed a short time with her family, the order for Lucy's execution was given and the "Humane" Society dutifully complied and ended her life. How have we gotten to a place where a dog....a dog that was well known for being friendly and affectionate.....a dog that had never been a problem except for that one point in time.....was killed despite the outpouring of compassion and support that came from places across the United States and even from around the world?
There is something terribly wrong with our system. There is something terribly wrong about elected officials that trip over each other to point fingers, while swearing they do not have the power to help. There is something terribly wrong when Judges and City Officials are rude to callers who just want to register a comment about what they believe to be a terrible injustice. There is something awfully, horribly wrong when animal advocates reach out to a "Humane" Society and fail to get the courtesy of a response. In a world where people do not respect other people, is it surprising that the life of a dog was considered not worthy of returning a phone call?
The crux of the problem is that animals are still considered property and treated as such. This we MUST change.
Lucy's following grew bigger and bigger every day. The outcry over her death sentence was deafening. Why was it that we were so moved by the plight of this one dog? Lucy was a dog. She never pretended to be a human, even though she seems to really love humans a lot...especially her family.. Lucy did what dogs do and our hearts break for the family of the dog who, some would say, instigated a fight with Lucy, and came out the loser. Lucy had a lifetime of good behavior, service and a family that loved her very much. Yet the callous administrators and officials of the city of Sunnyvale, California along with a Judge from the District Court found that Lucy had to pay for her mistake with her life. Sadly, not only was her life taken but great sadness was visited upon her family and her friends. Tonight there is a young boy who went to sleep a few days before Christmas, thinking not of the presents he will receive next week; but, of his best friend that was taken away from him today.
What kind of community are we to allow such an atrocity to occur? The kind of community that is so obsessed with safety and security that we will happily and quickly give up our freedom for a little peace of mind? A community that values only material possessions, getting more of them and making sure that we can keep them?
The nobel and beloved Staffordshire Terrier, more commonly referred to as Pit Bull, is demonized and vilified up one coast and down the other. Yet they are one of the most popular breeds in America. Those of us that are old enough, remember when it used to be Rottweillers or Dobermans and before that the German Shepherd. Now it is the Pit Bull singled out for our enmity and fear. The worst thing about all of this is that statistically there is no basis for our fear. Ironically, Pit Bulls have more to fear from humans than humans have to fear from Pit Bulls....witness Michael Vick and the dogfighting industry. The headlines and the kill numbers from our nation's shelters, prove that beyond any doubt.
Lucy's tragic death at the hands of the hard hearted and mean spirited people that ordered her killed is a clarion call that the animal advocacy community and compassionate people everywhere must heed. We must address this issue before more dogs like Lucy join her on the other side of the Rainbow Bridge. Our thoughts right now are with Lucy's family and the people who loved Lucy during her life. Our sympathy and our admiration go to the attorneys that fought "hell and high water" to find justice for Lucy, hampered by a broken system. Our love goes to Lucy, who has gone to a better place. Let us take the time to grieve Lucy's loss and then quickly get back to work to make sure that this never happens again.
Please take action.......for Lucy and for all animals.
Until all are free,
There is something terribly wrong with our system. There is something terribly wrong about elected officials that trip over each other to point fingers, while swearing they do not have the power to help. There is something terribly wrong when Judges and City Officials are rude to callers who just want to register a comment about what they believe to be a terrible injustice. There is something awfully, horribly wrong when animal advocates reach out to a "Humane" Society and fail to get the courtesy of a response. In a world where people do not respect other people, is it surprising that the life of a dog was considered not worthy of returning a phone call?
The crux of the problem is that animals are still considered property and treated as such. This we MUST change.
Lucy's following grew bigger and bigger every day. The outcry over her death sentence was deafening. Why was it that we were so moved by the plight of this one dog? Lucy was a dog. She never pretended to be a human, even though she seems to really love humans a lot...especially her family.. Lucy did what dogs do and our hearts break for the family of the dog who, some would say, instigated a fight with Lucy, and came out the loser. Lucy had a lifetime of good behavior, service and a family that loved her very much. Yet the callous administrators and officials of the city of Sunnyvale, California along with a Judge from the District Court found that Lucy had to pay for her mistake with her life. Sadly, not only was her life taken but great sadness was visited upon her family and her friends. Tonight there is a young boy who went to sleep a few days before Christmas, thinking not of the presents he will receive next week; but, of his best friend that was taken away from him today.
What kind of community are we to allow such an atrocity to occur? The kind of community that is so obsessed with safety and security that we will happily and quickly give up our freedom for a little peace of mind? A community that values only material possessions, getting more of them and making sure that we can keep them?
The nobel and beloved Staffordshire Terrier, more commonly referred to as Pit Bull, is demonized and vilified up one coast and down the other. Yet they are one of the most popular breeds in America. Those of us that are old enough, remember when it used to be Rottweillers or Dobermans and before that the German Shepherd. Now it is the Pit Bull singled out for our enmity and fear. The worst thing about all of this is that statistically there is no basis for our fear. Ironically, Pit Bulls have more to fear from humans than humans have to fear from Pit Bulls....witness Michael Vick and the dogfighting industry. The headlines and the kill numbers from our nation's shelters, prove that beyond any doubt.
Lucy's tragic death at the hands of the hard hearted and mean spirited people that ordered her killed is a clarion call that the animal advocacy community and compassionate people everywhere must heed. We must address this issue before more dogs like Lucy join her on the other side of the Rainbow Bridge. Our thoughts right now are with Lucy's family and the people who loved Lucy during her life. Our sympathy and our admiration go to the attorneys that fought "hell and high water" to find justice for Lucy, hampered by a broken system. Our love goes to Lucy, who has gone to a better place. Let us take the time to grieve Lucy's loss and then quickly get back to work to make sure that this never happens again.
Please take action.......for Lucy and for all animals.
Until all are free,
Messages for Judge Brian Walsh, the judge who sentenced Lucy to death
Please feel free to post comments here about how you feel about Judge Brian Walsh's decision to put Lucy to death. Please focus on the decision and not the person as, as he would say, he was only doing his job. Comments will be moderated and Blogger reserves the right to publish comments in whole or in part, or not at all.
Judge Walsh himself has said himself that is job is only to enforce communality standards, so to imporve our government, it is especially important that he hear from you directly, especially if you are from his county. For further information on how to contact the Judge or to learn more about him, please click here to go to www.JudgeBrianWalsh.blogspot.com.
Judge Walsh himself has said himself that is job is only to enforce communality standards, so to imporve our government, it is especially important that he hear from you directly, especially if you are from his county. For further information on how to contact the Judge or to learn more about him, please click here to go to www.JudgeBrianWalsh.blogspot.com.
Message to David Kahn, the city attorney who prosecuted Lucy, which lead to her death
Please feel free to leave messages here for the city attorney, David Kahn, who prosecuted Lucy, which ultimately led to her death. Blogger also suggests you send Mr. Kahn your messages directly to him at his e-mails: cityatty@ci.sunnyvale.ca.us or dkahn@ci.sunnyvale.ca.us
Again, please be polite with Mr. Kahn as he was only doing his job. You should not expect a return message from Mr. Kahn. After he responded to a few e-mails himself (see one response below, for instance) it is evident he was advised not to respond to any others himself.
Here is a message to the City Attorney, David Kahn, the man who killed Lucy
Sent: Thursday, December 20, 2007 9:57 PM
To: cityatty@ci.sunnyvale.ca.us
Subject: Message for David Kahn
You are an evil man. Some day your conscience will begin to bother you and you will be burdened forever by the guilt of what you did to Lucy, her guardians and a two-year-old boy. If you have no feelings about the wrong of what you did, that speaks to precisely the kind of person you are. You are a bad lawyer. You are a bad man. You are no better than Hitler's counselor or the lawyer who drafted the Fugitive Slave Act of 1850. May God have mercy on your soul.
Here is the message from the city attorney, written two hours after he killed Lucy:
From: City Attorney AP [mailto:cityatty@ci.sunnyvale.ca.us]
Sent: Thursday, December 20, 2007 10:30 PM (EST)
Subject: Re: Message for David Kahn
Unfortunately, the information that is on the Internet is wrong and misleading. I have been an animal supporter all of my life and am very saddened by the loss of the dog. The decision that the dog be put down was made by the Superior Court and reviewed by other judges, and was not the decision of the city attorney. Had the dog's owners responsibly kept her inside their yard this situation would not have occurred.
(Blogger's note: Mr. Kahn he completely fails to note that he was the person who prosecuted Lucy and passes the buck to the judge, who was bound by the boundaries of his prosecution. This is precisely what the above message is all about. But also --- and this is very critical --- notice the last sentence. HE ADMITS THAT LUCY WAS PUT DOWN FOR WHAT HAPPENED ON JULY 30TH. My God, this man is incompetent. Lucy was supposed to have been put down because she was a continued threat to the community and not as punishment. This man doesn't even know the law. This is unbelievable. And those are his exact words two hours after he killed Lucy. Now do you see why Kahn was ordered not to send out any more e-mails and the city publish a Fact Sheet instead? They took away his license to use a computer, but now they should take away his license to practice law.)
HERE IS THE RESPONSE BACK TO MR. KAHN:
Mr. Kahn:
Thank you for your comment, which I noted you wrote two hours after you killed Lucy. But what I do not understand is how can you say you were saddened by Lucy's death when in less than two hours you were back at your desk answering your e-mail. Those of us who did not know Lucy and only learned of her plight this week will grieve for a long time. Have you no decency, sir?
Thank you also for passing the blame to Judge Brian Walsh. I and others will be sure to tell him that when we write to him. I am sure as a judge, he will appreciate that. Perhaps he will then understand how wrong he was with his decision.
Also, thank you for not being man enough to own up to your role in the whole matter. Any self-respecting attorney would have owned up to his or his client's position. By that single omission you proved all our points. As an attorney, I know what your role was.
As an attorney, I can honestly say that you are a bad lawyer. You are a despicable person. Because of your despicable actions, many other innocent dogs will die.
I wish no ill on you. But when tragedy does strike you or your loved ones --- as it will strike all of us --- and you cry out for relief from the pain, please think back to the moment of Lucy's death last night and think about how you had to opportunity to reduce suffering, but you went ahead and caused more suffering. And by depriving Lucy's guardians of their right to be with her when she died, you earned your place in Hell beside the likes of people like Adolph Eichman.
My God have mercy on your soul, even though you have demonstrated no capacity to show mercy yourself.
PLEASE E-MAIL MR. KAHN YOURSELF AND EXPRESS YOUR OPINION TO HIM ABOUT WHAT HE DID TO LUCY, HER GUARDIANS, AND COMPASSIONATE PEOPLE EVERYWHERE. (YOU MAY ALSO LEAVE COMMENTS HERE FOR MR. KAHN. ALL SUCH COMMENTS WILL BE SENT TO HIM BY MAIL.) BUT PLEASE BE POLITE AS HE WAS ONLY DOING HIS JOB. YOU CAN E-MAIL HIM AT cityatty@ci.sunnyvale.ca.us
ALSO, SINCE MR. KAHN PUTS THE BLAME SQUARELY ON SANTA CLARA SUPERIOR COURT JUDGE BRIAN WALSH, YOU MAY ALSO WISH TO WRITE TO THE JUDGE TO TELL HIM YOUR OPINION ABOUT HIS JUDGMENT. (The Judge was the one who said, "I wish I could send Lucy home," but he did not, even though he had the discretion to do so, proving the fundamental point that Lucy was not a vicious dog.) But please be polite with the judge. The purpose of your comments should be to point out the flaws that he overlooked that we the public so clearly see so that when he and other judges are faced with the same malevolent attorneys in the future, they will have Mr. Kahn's actions to relate to, and, as the result, make wise, compassionate decisions.
A fact sheet on Lucy being distributed by the City is shown in Appendix (1)
Again, please be polite with Mr. Kahn as he was only doing his job. You should not expect a return message from Mr. Kahn. After he responded to a few e-mails himself (see one response below, for instance) it is evident he was advised not to respond to any others himself.
Here is a message to the City Attorney, David Kahn, the man who killed Lucy
Sent: Thursday, December 20, 2007 9:57 PM
To: cityatty@ci.sunnyvale.ca.us
Subject: Message for David Kahn
You are an evil man. Some day your conscience will begin to bother you and you will be burdened forever by the guilt of what you did to Lucy, her guardians and a two-year-old boy. If you have no feelings about the wrong of what you did, that speaks to precisely the kind of person you are. You are a bad lawyer. You are a bad man. You are no better than Hitler's counselor or the lawyer who drafted the Fugitive Slave Act of 1850. May God have mercy on your soul.
Here is the message from the city attorney, written two hours after he killed Lucy:
From: City Attorney AP [mailto:cityatty@ci.sunnyvale.ca.us]
Sent: Thursday, December 20, 2007 10:30 PM (EST)
Subject: Re: Message for David Kahn
Unfortunately, the information that is on the Internet is wrong and misleading. I have been an animal supporter all of my life and am very saddened by the loss of the dog. The decision that the dog be put down was made by the Superior Court and reviewed by other judges, and was not the decision of the city attorney. Had the dog's owners responsibly kept her inside their yard this situation would not have occurred.
(Blogger's note: Mr. Kahn he completely fails to note that he was the person who prosecuted Lucy and passes the buck to the judge, who was bound by the boundaries of his prosecution. This is precisely what the above message is all about. But also --- and this is very critical --- notice the last sentence. HE ADMITS THAT LUCY WAS PUT DOWN FOR WHAT HAPPENED ON JULY 30TH. My God, this man is incompetent. Lucy was supposed to have been put down because she was a continued threat to the community and not as punishment. This man doesn't even know the law. This is unbelievable. And those are his exact words two hours after he killed Lucy. Now do you see why Kahn was ordered not to send out any more e-mails and the city publish a Fact Sheet instead? They took away his license to use a computer, but now they should take away his license to practice law.)
HERE IS THE RESPONSE BACK TO MR. KAHN:
Mr. Kahn:
Thank you for your comment, which I noted you wrote two hours after you killed Lucy. But what I do not understand is how can you say you were saddened by Lucy's death when in less than two hours you were back at your desk answering your e-mail. Those of us who did not know Lucy and only learned of her plight this week will grieve for a long time. Have you no decency, sir?
Thank you also for passing the blame to Judge Brian Walsh. I and others will be sure to tell him that when we write to him. I am sure as a judge, he will appreciate that. Perhaps he will then understand how wrong he was with his decision.
Also, thank you for not being man enough to own up to your role in the whole matter. Any self-respecting attorney would have owned up to his or his client's position. By that single omission you proved all our points. As an attorney, I know what your role was.
As an attorney, I can honestly say that you are a bad lawyer. You are a despicable person. Because of your despicable actions, many other innocent dogs will die.
I wish no ill on you. But when tragedy does strike you or your loved ones --- as it will strike all of us --- and you cry out for relief from the pain, please think back to the moment of Lucy's death last night and think about how you had to opportunity to reduce suffering, but you went ahead and caused more suffering. And by depriving Lucy's guardians of their right to be with her when she died, you earned your place in Hell beside the likes of people like Adolph Eichman.
My God have mercy on your soul, even though you have demonstrated no capacity to show mercy yourself.
PLEASE E-MAIL MR. KAHN YOURSELF AND EXPRESS YOUR OPINION TO HIM ABOUT WHAT HE DID TO LUCY, HER GUARDIANS, AND COMPASSIONATE PEOPLE EVERYWHERE. (YOU MAY ALSO LEAVE COMMENTS HERE FOR MR. KAHN. ALL SUCH COMMENTS WILL BE SENT TO HIM BY MAIL.) BUT PLEASE BE POLITE AS HE WAS ONLY DOING HIS JOB. YOU CAN E-MAIL HIM AT cityatty@ci.sunnyvale.ca.us
ALSO, SINCE MR. KAHN PUTS THE BLAME SQUARELY ON SANTA CLARA SUPERIOR COURT JUDGE BRIAN WALSH, YOU MAY ALSO WISH TO WRITE TO THE JUDGE TO TELL HIM YOUR OPINION ABOUT HIS JUDGMENT. (The Judge was the one who said, "I wish I could send Lucy home," but he did not, even though he had the discretion to do so, proving the fundamental point that Lucy was not a vicious dog.) But please be polite with the judge. The purpose of your comments should be to point out the flaws that he overlooked that we the public so clearly see so that when he and other judges are faced with the same malevolent attorneys in the future, they will have Mr. Kahn's actions to relate to, and, as the result, make wise, compassionate decisions.
A fact sheet on Lucy being distributed by the City is shown in Appendix (1)
Lucy, 2001-2007
Lucy, a gentle six-year old rescued dog, was killed today, December 20th, shortly before 6:00 pm (Pacific Time) by the Humane Society Silicon Valley. By order of the city attorney, David Kahn, no one from her family was permitted to be with her when she was killed.
Lucy was killed today because she is a dog, a pit bull dog in fact, and for no other justificable reason. On July 30th, Lucy accidentally escaped from her back yard and after never having shown any aggression toward any person or animal, got into a fight with the Chihuahua next door, whose owner for years had recklessly allowed his dog to antagonize Lucy on her own property. No one except the owner of the Chihuahua saw the initial fight, and so no one really knows which dog provoked the other, but regardless, the Chihuahua dog's owner caused two needless deaths and incalculable pain for thousands of people from around state, country and the world because of her recklessness in coming so close to Lucy's property. Lucy was impounded immediately after the accident and her guardians were only permitted to visit her twice a week under orders of the city attorney, David Kahn. They never missed a single visit over the almost five months of her impoundment. Lucy was tested for aggression and scored 0 out of 10, No Aggression. She was not, therefore, a continued threat to the public's safety.
As observers to this tragedy, Bloggers became aware of many actors in this sad saga, many of whom acted nobly and compassionately. But some, unfortunately, acted ignobly and uncompassionately. Based on the information available to us, here are those actors and the roles they played.
Sunnyvale, California - "The town that killed Lucy on Christmas; the place where compassion died ."
Ian Young and Desiree Hedberg - Lucy's rescuers and guardian for six years.
Liam - Ian and Desiree's two-year-old son and Lucy's constant companion who will grow up knowing how callous and uncompassionate public officials can be.
"Jane Doe" - The owner of the "Bobbie," the Chihuahua next door who was killed in the melee with Lucy and whose owner apparently permitted him to antagonize Lucy over several years . (NOTE: The name of the owner of the small dog will not be published to respect her privacy.)
Chief Don Johnson, The Sunnyvale, California, Chief of Pubic Safety who impounded Lucy and signed Lucy's death warrant immediately despite no evidence whatsoever that Lucy was a vicious dog and a threat to the Community.
Humane Society Silicon Valley - The shelter where Lucy was impounded after the accident. The workers in the shelter were extremely caring for Lucy (especially the manager, Mike Foltz) and even once refused to put Lucy to death because they believed the city attorney was wrong and they believed that they were morally and ethically right in refusing to do so.
Beth Ward - The Vice President of the Human Society Silicon Valley responsible for the operations of the shelter where Lucy was put to death and the person ultimately responsible to the city attorney for putting Lucy to death.
David Kahn, Esq. - The Sunnyvale City Attorney who prosecuted Lucy despite the evidence that she was not vicious and who lied to the Sunnyvale Mayor and City Council about Lucy's record and who attempted to short-circuit justice by moving quickly to put Lucy to death while he knew an appeal was in process, among other ethical lapses. Kahn also had a whole range of other options available to him for Lucy, but he chose to take only the extreme option and put her to death.
Judge Brain Walsh - The judge in the Superior Court of Santa Clara County who confirmed Sunnyvale's decision to put Lucy to death even though he stated on the record that he personally believed that he that she should be allowed to go home.
Mayor Otto Lee - The mayor of Sunnyvale who said that he had sympathy for Luck but was powerless to do anything about her situation and had to rely on the city attorney's allegations and conclusions.
The Sunnyvale City Council (John N. Howe, Dean J. Chu, Ron Swegles, Melinda Hamilton and Christopher R. Moylan) that decided not to overrule the city attorney's conclusions despite numerous pleas to spare her. Note: The vote on the council to "agenize" (as the city manager calls it) Lucy's case was split, and it is not known which members of the City Council voted for Lucy's death. (If anyone has any information about this, please post a comment).
Shannon Keith - One of Lucy's indefatigable attorneys and President of A.R.M.E.
Christine Garcia - One of Lucy's indefatigable attorneys.
Arnold Schwarzenegger - Governor of California who, despite the authority granted to him under California law to grant pardons, refused to get involved. In his message to all who wrote him, he wrote: "Thank you for taking the time to email and share your concerns. I believe government works best when elected officials listen to the people they represent on important issues. Decision-making authority for the matter you describe rests entirely with your locally-elected officials. Again, thank you for your email. I urge you to continue working with your local representatives to see that your concerns are addressed. Sincerely, Arnold Schwarzenegger"
12,000 Individuals, Blogger amoung them - The compassionate people from around the world who over one 24-hour period rallied and pleaded with the public officials in California to let Lucy return home. One such individual (KC) commented on this Blog: "I am so proud to be part of this compassionate movement. I am praying Lucy is spared!" KC spoke for all of us hwne he/she said that.
Good Citizens of Sunnyvale - Many, many people in Sunnyvale came to Lucy's support during her five-month impoundment and trial. Although compassion in Sunnyvale died with Lucy, there is hope for the city only becasue of the good citizens who pleaded for Lucy's life.
The Press - Except for one small piece in the Business Wire on December 18th and another the next day in the Palo Alto Daily News on December 19th the press completely ignored Lucy's plight. The reason, of course, is that Lucy is a pit bull. If the pit bull's reputation has been sullied in recent years, the press and the health departments and city councils of our municipalities are predominantly to blame.
There were many, many others involved with this sad matter, but these are the ones Blogger is aware of at this moment.
Why it was important that Lucy be saved; What you can do to stop this unethical killing in the future
LUCY is dead. There is nothing that anyone can do now to save her. An innocent life has been unethically and horrifically taken as the result of an unlikely combination of a string of unethical acts on the part of a vindictive neighbor, a hardened police chief, a deceptive city attorney, a floundering mayor and city council, an irresponsible and unqualified head of the local humane society, a governor who is more concerned with politics than ethics, and a judge whose own rigid residual attitudes towards authority overshadowed his own principles of decency and fairness.
Although Lucy is dead, the individuals responsible must be reminded constantly of their role in this unethical killing of an innocent creature so that they never, never repeat this again. Please read on to find out why.
To be sure, the goal of tens of thousands of compassionate individuals through out the word was to save Lucy herself because she did not deserve to die. The issues are not only humane but they are legal too. Lucy's case presented everything that is wrong about these dangerous dog laws and the way they are enforced. If we could have saved Lucy, many other dogs would have been saved too. From the time that the petition for Lucy started on December 17th to the time of her death, it is estimated that more than 60,000 dogs across the country were euthanized under the dangerous dog laws and animal control laws. Perhaps a few of them were so-called vicious dogs that stood no chance of rehabilitation (48 of the 49 Vick dogs were not vicious and adoptable). Most of the dogs had no one to care for them as Lucy so richly did; some didn't even have names or anyone to whisper "You were a good dog" to them as they were killed. If Lucy t made it, there would have been hope for some of those other dogs. But Lucy did not make it, and so now some would say that this is proof that there's little hope for the other dogs, other animals, even for us. So this is why it is important that our callous politicians learn that when it comes to matters of life and death, our dogs and animals do matter. They also must learn that when the people speak, they must listen. That goes for Arnold Schwarzenegger too, who prides on calling himself "the people's governor," but by one simple act of omission on December 20, 2007 , he proved that he is just like so many of the others.
(2) What You Can Do Now.
Some estimate that more than 20,000 dogs alone are dying each day in animal shelters across the country, being put to death by so-called Humane Societies. Saving Lucy would have saved many of them. But we did not save Lucy. However, we cannot let her die in vain. Here are some suggestions as to what you can do to make sure of that.
A- Write to those people who participated in the process, whatever their role. Write to Chief of Public Don Johnson, City Attorney David Kahn, Santa Clara County Superior Court Judge Brian Walsh, Mayor Otto Lee, the members of the Sunnyvale City Council, and the two officials at the Humane Society of Silicon Valley (Christine Benninger, president, and Beth Ward, head of shelter operations) who betrayed Lucy, and politely express your sadness and anger at their involvements, especially how each and every one of them passed the blame to the others. This will not help Lucy, but it will permanently impress upon the minds of each of these individuals about the consequences of their unethical actions in Lucy's case and just maybe it will help other animals --- maybe even people --- in Lucy's situation. The contact for these individuals is shown below.
B- Look around in your own community at what is going on with the unwarranted killing of dogs under your own dangerous dog acts and animal control acts and take what action you need to stop the unwarranted killing. For instance, for years, in Washington D.C., the Humane Society, which runs the animal shelter for the DC City government, said that their policy was to adopt out ALL dogs who are favorably evaluated for adoptability. Many, many people gave a lot of money each year to the Humane Society as the result of this "No-Kill" policy. It was only this year after the former well-regarded executive director of the Humane society abruptly left that it came out that for years their unwritten policy has been to NOT evaluate pit bulls for adoptability. Therefore, every pit bull or pit bull mix (as if one could define that so precisely), mothers, puppies, old dogs, pregnant dogs all alike, are killed immediately if no one claims them in the brief period specified by law. (I have ceased my large contributions to that Humane society until that unethical killing stops and will do other tings to help bring it to a halt.)
Public Contact Information For Those Responsible for the unethical killing of Lucy.
Sunnyvale City Attorney David Kahn
Sunnyvale City Hall * PO Box 3707 * Sunnyvale, CA 94088-3707
phone: 408-730-7464; fax: 408-730-7468
email: dkahn@ci.sunnyvale.ca.us, cityatty@ci.sunnyvale.ca.us
Honorable Judge Brian Walsh
Department 18, Old Courthouse
191 N. First Street * San Jose, CA 95113
phone: 408-882-2320
Sunnyvale Mayor Otto Lee
PO Box 64457 * Sunnyvale, CA 94088-4457
ph: 408-730-7473, 408-739-8887; fax: 408-730-7699
email: otto@ottolee.org
Executive Assistant to Mayor/City Council: council@ci.sunnyvale.ca.us
Sunnyvale City Council
P.O. Box 3707 * Sunnyvale, CA 94088-3707
main ph: 408-730-7500; fax: 408-730-7699
Christopher R. Moylan, Councilmember: 650-723-9518, cmoylan@ci.sunnyvale.ca.us
Amy Chan, Sunnyvale City Manager: 408-730-7480, citymgr@ci.sunnyvale.ca.us
John N. Howe, Councilmember: jh2@aol.com
Dean J. Chu, Councilmember: CouncilDeanChu@yahoo.com
Melinda Hamilton, Councilmember: mhamilton@ci.sunnyvale.ca.us
Humane Society Silicon Valley
2530 Lafayette Street * Santa Clara, CA 95050
main ph: 408-727-3383; fax: 408-727-7845
email: comments@hssv.org, pr@hssv.org
Phone: 408-727-3383,
Beth Ward, Director: (ext. 858) bward@hssv.org
Ms. Christine Benninger, President, cbenninger@hssv.org
(Note: Both Ward and Benninger both said that Lucy tested ZERO on a scale of ZERO to TEN for aggression towards humans, but went on to say that because she was a pit bull, the HSSV was not willing to take the chance to let her out because of the risks to any child who may be walking a dog near Lucy. In the opinion of many, of all the people in the chain of people responsible for Lucy's killing, Ward and Benninger alone betrayed the animals whose welfare they are charged with protecting.)
Department of Public Safety
Chief Don Johnson (the individual who, as chief of both police and animal control, initially signed the order to destroy Lucy)
Department of Public Safety * Public Safety Headquarters * 700 All America Way, Sunnyvale CA, 94088-3707,
408-730-7100 (General Number)
Note: the name of the careless and vindictive neighbor in the 400 block of Bryan Avenue in Sunnyvale who owned Bobbi and whose behavior led to both the death of her own beloved dog and Lucy's death is purposely omitted here.
Although Lucy is dead, the individuals responsible must be reminded constantly of their role in this unethical killing of an innocent creature so that they never, never repeat this again. Please read on to find out why.
To be sure, the goal of tens of thousands of compassionate individuals through out the word was to save Lucy herself because she did not deserve to die. The issues are not only humane but they are legal too. Lucy's case presented everything that is wrong about these dangerous dog laws and the way they are enforced. If we could have saved Lucy, many other dogs would have been saved too. From the time that the petition for Lucy started on December 17th to the time of her death, it is estimated that more than 60,000 dogs across the country were euthanized under the dangerous dog laws and animal control laws. Perhaps a few of them were so-called vicious dogs that stood no chance of rehabilitation (48 of the 49 Vick dogs were not vicious and adoptable). Most of the dogs had no one to care for them as Lucy so richly did; some didn't even have names or anyone to whisper "You were a good dog" to them as they were killed. If Lucy t made it, there would have been hope for some of those other dogs. But Lucy did not make it, and so now some would say that this is proof that there's little hope for the other dogs, other animals, even for us. So this is why it is important that our callous politicians learn that when it comes to matters of life and death, our dogs and animals do matter. They also must learn that when the people speak, they must listen. That goes for Arnold Schwarzenegger too, who prides on calling himself "the people's governor," but by one simple act of omission on December 20, 2007 , he proved that he is just like so many of the others.
(2) What You Can Do Now.
Some estimate that more than 20,000 dogs alone are dying each day in animal shelters across the country, being put to death by so-called Humane Societies. Saving Lucy would have saved many of them. But we did not save Lucy. However, we cannot let her die in vain. Here are some suggestions as to what you can do to make sure of that.
A- Write to those people who participated in the process, whatever their role. Write to Chief of Public Don Johnson, City Attorney David Kahn, Santa Clara County Superior Court Judge Brian Walsh, Mayor Otto Lee, the members of the Sunnyvale City Council, and the two officials at the Humane Society of Silicon Valley (Christine Benninger, president, and Beth Ward, head of shelter operations) who betrayed Lucy, and politely express your sadness and anger at their involvements, especially how each and every one of them passed the blame to the others. This will not help Lucy, but it will permanently impress upon the minds of each of these individuals about the consequences of their unethical actions in Lucy's case and just maybe it will help other animals --- maybe even people --- in Lucy's situation. The contact for these individuals is shown below.
B- Look around in your own community at what is going on with the unwarranted killing of dogs under your own dangerous dog acts and animal control acts and take what action you need to stop the unwarranted killing. For instance, for years, in Washington D.C., the Humane Society, which runs the animal shelter for the DC City government, said that their policy was to adopt out ALL dogs who are favorably evaluated for adoptability. Many, many people gave a lot of money each year to the Humane Society as the result of this "No-Kill" policy. It was only this year after the former well-regarded executive director of the Humane society abruptly left that it came out that for years their unwritten policy has been to NOT evaluate pit bulls for adoptability. Therefore, every pit bull or pit bull mix (as if one could define that so precisely), mothers, puppies, old dogs, pregnant dogs all alike, are killed immediately if no one claims them in the brief period specified by law. (I have ceased my large contributions to that Humane society until that unethical killing stops and will do other tings to help bring it to a halt.)
Public Contact Information For Those Responsible for the unethical killing of Lucy.
Sunnyvale City Attorney David Kahn
Sunnyvale City Hall * PO Box 3707 * Sunnyvale, CA 94088-3707
phone: 408-730-7464; fax: 408-730-7468
email: dkahn@ci.sunnyvale.ca.us, cityatty@ci.sunnyvale.ca.us
Honorable Judge Brian Walsh
Department 18, Old Courthouse
191 N. First Street * San Jose, CA 95113
phone: 408-882-2320
Sunnyvale Mayor Otto Lee
PO Box 64457 * Sunnyvale, CA 94088-4457
ph: 408-730-7473, 408-739-8887; fax: 408-730-7699
email: otto@ottolee.org
Executive Assistant to Mayor/City Council: council@ci.sunnyvale.ca.us
Sunnyvale City Council
P.O. Box 3707 * Sunnyvale, CA 94088-3707
main ph: 408-730-7500; fax: 408-730-7699
Christopher R. Moylan, Councilmember: 650-723-9518, cmoylan@ci.sunnyvale.ca.us
Amy Chan, Sunnyvale City Manager: 408-730-7480, citymgr@ci.sunnyvale.ca.us
John N. Howe, Councilmember: jh2@aol.com
Dean J. Chu, Councilmember: CouncilDeanChu@yahoo.com
Melinda Hamilton, Councilmember: mhamilton@ci.sunnyvale.ca.us
Humane Society Silicon Valley
2530 Lafayette Street * Santa Clara, CA 95050
main ph: 408-727-3383; fax: 408-727-7845
email: comments@hssv.org, pr@hssv.org
Phone: 408-727-3383,
Beth Ward, Director: (ext. 858) bward@hssv.org
Ms. Christine Benninger, President, cbenninger@hssv.org
(Note: Both Ward and Benninger both said that Lucy tested ZERO on a scale of ZERO to TEN for aggression towards humans, but went on to say that because she was a pit bull, the HSSV was not willing to take the chance to let her out because of the risks to any child who may be walking a dog near Lucy. In the opinion of many, of all the people in the chain of people responsible for Lucy's killing, Ward and Benninger alone betrayed the animals whose welfare they are charged with protecting.)
Department of Public Safety
Chief Don Johnson (the individual who, as chief of both police and animal control, initially signed the order to destroy Lucy)
Department of Public Safety * Public Safety Headquarters * 700 All America Way, Sunnyvale CA, 94088-3707,
408-730-7100 (General Number)
Note: the name of the careless and vindictive neighbor in the 400 block of Bryan Avenue in Sunnyvale who owned Bobbi and whose behavior led to both the death of her own beloved dog and Lucy's death is purposely omitted here.
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