Blogger is not connected with anyone involved in Lucy's case and has never met Lucy. In fact, he lives on the opposite side of the country from Lucy. His interest is only out of compassion for Lucy and her guardians and all the other animals that will be saved if Lucy succeeds in showing our public officials what the right thing to do is and to remind them that they are accountable to those who elected them.
Blogger is always extremely careful to report only confirmed facts. However, if anyone reading this blog sees anything that is not correct, please let Blogger know through a comment and he will consider it. (No one has reported anything so far.) Also, if anyone has any update on anything connected with Lucy's case or any additional information that should be published, please let us know in a comment, too.
Readers of this blog are certainly welcome to make comments, although that is not its purpose. However, because this is a serious blog, only intelligent, value-adding comments will be posted. Blogger, of course, reserves the right to redact or edit any comments submitted and publish them under a comment of his own.
This Blog is not necessarily arranged by the date the comment was published. It is mainly organized by the subject matter. "Older" entries, therefore, may change from time to time as additional information or ideas become available. Posted comments, of course, will not be changed.
Thank you for visiting this log and showing compassion for Lucy, her guardians, and all the other dogs dying every day as the result of callous, vindictive public servants and neighbors.
P.S. BLOGGER WOULD LIKE TO MAKE IT ABUNDANTLY CLEAR THAT WHILE IT MAY APPEAR THAT HE IS "SIDING" WITH LUCY IN THIS BLOG, NOTHING COULD BE FARTHER FROM THE TRUTH. THIS BLOG IS NOT ABOUT WHAT HAPPENED IN THE TRAGIC INCIDENT ON JULY 30TH. EVERYONE, EVEN THE CITY, ADMITS IT WAS AN ACCIDENT. ALL READERS OF THIS BLOG I AM SURE HAVE GREAT COMPASSION FOR THE LITTLE DOG ("BOBBIE") THAT DIED. IT IS WHAT HAPPENED AFTER THAT THAT WE ARE ALL CONCERNED ABOUT HERE. WHAT WE HAVE HERE IS A CALLOUS POLICE CHIEF, A MALEVOLENT CITY ATTORNEY, A CITY COUNCIL UNSURE OF WHAT THEY CAN DO, AND A JUDGE WHO SAW THE TRUTH BUT SAID HE COULD NOT DO ANYTHING ABOUT IT, NOT TO MENTION A GOVERNOR WHO WAS TOO BUSY BUILDING HIS IMAGE ABOUT BEING THE PEOPLE'S GOVERNOR TO SHOW SOME COMPASSION FIVE DAYS BEFORE CHRISTMAS. WHAT HAPPENED ON JULY 30TH HAPPENED. THERE IS NOTHING ANYONE COULD HAVE DONE TO AVOID THAT. BUT THERE IS SOMETHING WE ALL COULD DO NOW TO MAKE SURE SOMETHING LIKE WHAT HAPPENED AFTER THE UNFORTUNATE INCIDENT ON JULY 30TH NEVER HAPPENS AGAIN.
Tuesday, December 18, 2007
Appendix (1) Fact Sheet Distributed by Sunnyvale City on Lucy
The below fact sheet is being distributed by the Sunnyvale City Manager. It is shown below in whole.
Blogger notes that the fact sheet says nothing about Lucy's prior record, nothing about the subsequent evaluations of her by professionals as NOT VICIOUS, and says nothing about the discretion allowed in cases like this. (No one disputes that an attack took place. In fact, it confirms precisely what this whole case is about, that it was an unavoidable accident.) Likewise, it says nothing about how they judge's own comments and what he was permitted to do under the law, once the determination was made by the city. It fails to own up to the City's role in the initial determinations which, everyone admits, were permissible under the law). It says nothing about compassion. It says nothing in defense of Mr. Kahn's decision to refuse Lucy's guardians to be present when Lucy died. It says nothing about Mr. Kahn's quick attempt to euthanize Lucy before a final appeal and request for a pardon were filed, an attempt that was thwarted when the shelter's employees refused to comply. It says nothing about how several City Council members tried to "agendize" the matter. Notice also that the fact sheet describes the Legal Process but NOWHERE does it describe the ETHICAL PRPOCESS (it does not, because there was none.) Finally, notice how the fact sheet is quick to point out in the 2nd word that Lucy was a pit bull, as if that had some bearing on the matter. Sunnyvale is going back to the days when if a crimnal was of a certain color, the press was quick to point that out. How revolting. Shame on all of you public officials in Sunnyvale.
The things the fact sheet is silent on speak volumes about where the truth is in all of this. They want all of us to believe that once the ball starts rolling, it is impossible to stop. And we call ourselves a civilized society?
FACT SHEET (DITRIBUTED BY THE CITY OF SUNNYVALE) ON LUCY
Lucy, a pit bull, attacked two dogs in the City of Sunnyvale in July 2007, killing one dog and injuring the second. Lucy was determined to be a vicious dog and was humanely euthanized December 20, 2007, shortly before 3 p.m.
What Happened
Sunnyvale Animal Control, part of the Department of Public Safety, was called to the scene of a dog attack July 30, 2007. On investigation, it was determined that Lucy had escaped from the owners’ property through a dilapidated fence, and, without provocation, attacked two leashed dogs. As a result of the attack, Bobbie, a Chihuahua, was killed and Dude, a small mixed-breed, was injured before escaping the scene. The woman who was walking the dogs also suffered injuries.
Neighbors who witnessed the attack attempted to fend Lucy off with a garden hose, but were unable to deter the attack.
Lucy was seized, pursuant to Sunnyvale Municipal Code 6.08.115 – Threat to Public Health and Safety. This case is viewed as a public safety issue.
The Legal Process
An administrative hearing was held by the City of Sunnyvale and based on the investigation and witness and victim statements, Lucy was determined to be a vicious dog. The dog’s owners appealed the finding to Superior Court, Santa Clara County, and Judge Brian Walsh agreed with the finding and issued an order to have the dog humanely euthanized.
The owners asked Judge Walsh to reconsider and vacate his decision, which was denied. The owners then filed several petitions in multiple courts, all of which were denied.
The City’s Role: False Information on the Internet
A large amount of false and misleading information has been published on the Internet about this case. Most importantly, neither the Sunnyvale City Council nor the city attorney has the authority to overturn – or ignore – a court order. City Councils have responsibility for determining policy, and do not get involved in daily operations of government. As such, Lucy’s attack and subsequent adjudication, was never agendized for Council action. Once a court order is issued, however, only the court can change the order.
While this is an unfortunate case, Lucy’s owners had ample opportunity to plead their case in the judicial system. The legal process extended over several months before the final appeal, and at no time did any court find a reason to change the order.
Blogger notes that the fact sheet says nothing about Lucy's prior record, nothing about the subsequent evaluations of her by professionals as NOT VICIOUS, and says nothing about the discretion allowed in cases like this. (No one disputes that an attack took place. In fact, it confirms precisely what this whole case is about, that it was an unavoidable accident.) Likewise, it says nothing about how they judge's own comments and what he was permitted to do under the law, once the determination was made by the city. It fails to own up to the City's role in the initial determinations which, everyone admits, were permissible under the law). It says nothing about compassion. It says nothing in defense of Mr. Kahn's decision to refuse Lucy's guardians to be present when Lucy died. It says nothing about Mr. Kahn's quick attempt to euthanize Lucy before a final appeal and request for a pardon were filed, an attempt that was thwarted when the shelter's employees refused to comply. It says nothing about how several City Council members tried to "agendize" the matter. Notice also that the fact sheet describes the Legal Process but NOWHERE does it describe the ETHICAL PRPOCESS (it does not, because there was none.) Finally, notice how the fact sheet is quick to point out in the 2nd word that Lucy was a pit bull, as if that had some bearing on the matter. Sunnyvale is going back to the days when if a crimnal was of a certain color, the press was quick to point that out. How revolting. Shame on all of you public officials in Sunnyvale.
The things the fact sheet is silent on speak volumes about where the truth is in all of this. They want all of us to believe that once the ball starts rolling, it is impossible to stop. And we call ourselves a civilized society?
FACT SHEET (DITRIBUTED BY THE CITY OF SUNNYVALE) ON LUCY
Lucy, a pit bull, attacked two dogs in the City of Sunnyvale in July 2007, killing one dog and injuring the second. Lucy was determined to be a vicious dog and was humanely euthanized December 20, 2007, shortly before 3 p.m.
What Happened
Sunnyvale Animal Control, part of the Department of Public Safety, was called to the scene of a dog attack July 30, 2007. On investigation, it was determined that Lucy had escaped from the owners’ property through a dilapidated fence, and, without provocation, attacked two leashed dogs. As a result of the attack, Bobbie, a Chihuahua, was killed and Dude, a small mixed-breed, was injured before escaping the scene. The woman who was walking the dogs also suffered injuries.
Neighbors who witnessed the attack attempted to fend Lucy off with a garden hose, but were unable to deter the attack.
Lucy was seized, pursuant to Sunnyvale Municipal Code 6.08.115 – Threat to Public Health and Safety. This case is viewed as a public safety issue.
The Legal Process
An administrative hearing was held by the City of Sunnyvale and based on the investigation and witness and victim statements, Lucy was determined to be a vicious dog. The dog’s owners appealed the finding to Superior Court, Santa Clara County, and Judge Brian Walsh agreed with the finding and issued an order to have the dog humanely euthanized.
The owners asked Judge Walsh to reconsider and vacate his decision, which was denied. The owners then filed several petitions in multiple courts, all of which were denied.
The City’s Role: False Information on the Internet
A large amount of false and misleading information has been published on the Internet about this case. Most importantly, neither the Sunnyvale City Council nor the city attorney has the authority to overturn – or ignore – a court order. City Councils have responsibility for determining policy, and do not get involved in daily operations of government. As such, Lucy’s attack and subsequent adjudication, was never agendized for Council action. Once a court order is issued, however, only the court can change the order.
While this is an unfortunate case, Lucy’s owners had ample opportunity to plead their case in the judicial system. The legal process extended over several months before the final appeal, and at no time did any court find a reason to change the order.
Monday, December 17, 2007
Appendix (2) Names and Addresses for Mailing
For the convenience of thos who wish to send mail to the individuals involved in Lucy's case, their names and office addresses are show below. Blogger requests that all mail be polite, buit without sacrificing your honest opinions. Shannon Keith's and Christine Garoia's addresses are listed here also.
Mr. David Kahn, Esq.
Sunnyvale City Attorney
Sunnyvale City Hall
PO Box 3707
Sunnyvale, CA 94088-3707
Fax: 1-408-730-7468
Phone: 1-408-730-7464
Honorable Judge Brian Walsh
Judge, Santa Clara County Superior Court
Department 18, Old Courthouse
191 N. First Street
San Jose, CA 95113
Honorable Otto Lee, Mayor
Sunnyvale City Hall
456 West Olive Avenue
P.O Box 64457
Sunnyvale, CA 94088-4457
Honorable John N. Howe
Sunnyvale City Council
456 West Olive Avenue
Sunnyvale, CA 94088-3707
Honorable Dean J. Chu,
Sunnyvale City Council
456 West Olive Avenue
Sunnyvale, CA 94088-3707
Honorable Ron Swegles
Sunnyvale City Council
456 West Olive Avenue
Sunnyvale, CA 94088-3707
Honorable Melinda Hamilton
Sunnyvale City Council
456 West Olive Avenue
Sunnyvale, CA 94088-3707
Honorable Christopher R. Moylan
Sunnyvale City Council
456 West Olive Avenue
Sunnyvale, CA 94088-3707
Ms. Amy Chan,
Sunnyvale City Manager
456 West Olive Avenue
Sunnyvale, CA 94088-3707
Ms. Beth Ward
Vice President
Humane Society Silicon Valley
2530 Lafayette Street
Santa Clara, CA 95050
Chief Don Johnson
Department of Public Safety, Headquarters
700 All America Way
Sunnyvale CA, 94088-3707,
Ms. Shannon Keith, Esq
Attorney for Lucy
President, ARME
3940 Laurel Canyon Blvd. #831
Studio City, CA 91604
Ms. Christine L. Garcia, Esq.
Attorney for Lucy
The Animal Law Office
3824 - 18th Street, Suite 201
San Francisco, CA 94114
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