December 28.2004
WASCO COUNTY OREGON CIRCUIT COURT REJECTS APPEAL TO SPARE DENALI, A YOUNG PITBULL'S, LIFE
On December 23, 2004, Wasco County Circuit Court rejected the legal argument advanced by attorney Robert Babcock that the county lacked jurisdictional authority to enforce state law through its own county administrative processes (Wasco County lacks a local animal control ordinance). Only one appeal through the Oregon Court State of Appeals remains an alternative avenue.
Denali, a young female pitbull belonging to Karissa Ball, has been impounded at Wasco County Dog Control, Wasco County, Oregon since late October 2004. By all reports she has done incredibly well, posing no problems and has been described as a very good dog despite a long confinement at this agency. These reports of her good conduct were never included in the county commissioner hearings nor was any animal behavior expert consulted. Companion animals throughout Oregon are viewed as disposable nuisances not meriting regard or consideration.
The summary incidents leading to Denali's prolonged confinement at Wasco County Animal Control and the order of her death by the Wasco County Commissioners were minor and preventable even by the admission of the reporters. On two different occasions Denali had escaped over the fence once after hearing the senior citizen next door dragging her garbage cans to the curb, another while the same citizen was raking her drive. On both occasions after hearing these loud noises, Denali grabbed the fingers of the woman, breaking the skin. The woman made light of both incidents. The concern was about appropriate confinement.
In the last incident leading to the determination by the Wasco County Commissioners that Denali should be put to death as a "public nuisance", Denali excitedly jumped upon a neighbor's child who came to the door to invite Karissa Ball to go tubing on the river. During an excited greeting Denali accidentally scratched his chest and also caused a minor 1/8 inch tiny puncture to the webbing near the thumb. Karissa Ball treated both with peroxide and the family spent the rest of the day tubing on the river.
During the "trial" held by the Wasco County Commissioners, none of the rules and regulations guaranteeing judicial due process were honored. The rules were whatever they wanted them to be. Throughout many of Oregon's rural counties animal control cases are "tried" by politically motivated administrative bodies with no interest whatsoever in judicial process or fair outcome. The opinions and wishes of those in attendance are all that are considered. No animal behavior experts were included. The availability of humane alternatives was ignored.
Two safe humane alternatives to killing were proposed and were summarily rejected. Karissa Ball relocated removing the spoken concern about a nearby elementary school. She also additionally constructed an eight foot fence around her new home.
Laurie Adams, an animal control officer in Franklin, Indiana, who also runs Casa del Toro Pitbull Rescue reviewed Denali's entire history and wrote to the Wasco County Commissioners offering Denali sanctuary. Without review or interest, they rejected a Motion for Reconsideration filed with Wasco County Court on September 7,2004.
Those concerned parties who called the Wasco County Commissioners were treated to a series of propaganda misstatements, exaggerations and falsehoods by the Wasco County administrative office regarding the events leading to their conclusion that only a death was an appropriate sentence for Denali. They withheld information about the availability of effective humane alternatives.
Like the administrative proceedings themselves, public concerns were railroaded through a negative political smear campaign. In order to "win," to justify killing a young dog, any method was fair game. The administrative secretary at the Wasco County Commissioners' Office laughingly dismissed public concerns as animal advocacy histrionics.
Denali's case is one among hundreds of local miscarriages of justice in Oregon where the fates of animals especially in rural areas are decided not by judicial process but by biased politically motivated administrative bodies, the local county commissioners. These are kangaroo courts without even a pretense of due process where animals' lives are treated as an uproarious joke. This must change.
In Denali's case the Wasco County Commissioners know well that "liability" concerns can easily and effectively be resolved without taking Denali's life. They just don't care. Animals are "nuisances" whose lives have no value. No one had best challenge their "authority."
The behavior of the Wasco County Commissioners cast a huge moral stain on the state of Oregon, a state that prides itself on its progressive values. There is no excuse for killing in this country when humane effective alternatives exist. Ironically Wasco County has made arbitrary needless killing more expensive than clemency in Oregon spending countless monies on this case.
Also ironic is that Denali during her long confinement at Wasco County Animal Control has proven that she is no threat to society. All along she just needed a secure enclosure and a little training.
Please write Governor Ted Kulongoski protesting the actions of the Wasco County Commissioners. Ask for clemency.
Please also advise the Wasco County Commissioners that you will be boycotting their tourist destinations and their products in light of their inhumane conduct. Any family with companion animals visiting Wasco County, Oregon places their companion animals at automatic risk.
Among Wasco County's tourist destinations are Kah-Nee-Ta Resort and the Columbia River Gorge Discovery Center. County Commissioner Dan Ericksen is an orchardist. Agriculture is an important export. More information about Wasco County can be obtained at the Wasco County website:
http://www.a2zgorge.info/services/wascoco.htm
Please contact Governor Ted Kulongoski (pictured with his dog, Hershey, the First Dog of Oregon on the governor's website) at:
http://governor.oregon.gov/Gov/contact_us.shtml
PLEASE PROTEST THE ACTIONS TAKEN BY THE WASCO COUNTY COMMISSIONERS.
PLEASE POST AND CIRCULATE WIDELY
CONTACT INFORMATION Governor Ted Kulongoski 160 State Capitol 900 Court Street Salem,Oregon 97301-4047
Phone Governor's Citizens' Representative Message line (503) 378-4582
FAX: (503) 378-6827
E-Mail fill out form at : http://governor.oregon.gov/Gov/contact_us.shtml
District Attorney Eric Nisley (responsible for dragging this case out) Wasco County Court Room 302 511 Washington Street The Dalles, Oregon 97058-2237
Telephone: (541) 506-2520 Fax: (541) 506-2521
WASCO COUNTY COMMISSIONERS (also responsible for dragging this case out)
Dan Ericksen, e-mail: DanE@co.wasco.or.us (Mr. Ericksen is listed as a judge for county commission administrative proceedings. This does not require a legal or judicial background. Mr. Ericksen is an orchardist).
Scott McKay, e-mail: SMcKay2001@charter.net
Sherry Holliday, e-mail: SherryH@co.wasco.or.us LOCAL PRESS
The Dalles Chronicle
P.O. Box 1910
The Dalles, OR 97058
Telephone News: (541) 296-2141
News Fax: (541) 298-1365
Letters to the Editor, e-mail: dspatz@eaglenewspapers.com
The Oregonian, Regional correspondent: Wendy Owen
Telephone: (541) 296-0606
e-mail: wowennews@aol.com
WHEN HUMANE EFFECTIVE ALTERNATIVES TO KILLING COMPANION ANIMALS EXIST IT IS UNCONSCIONABLE TO KILL.
OREGON'S PRIMITIVE FOCUSED ATTACK ON AMERICAN PIT BULL DOGS AS A BREED MUST END. PLEASE COPY US ON E-MAILS TO THE GOVERNOR. I WILL MAKE SURE HE PERSONALLY RECEIVES THEM THEM.
FOR MORE INFORMATION CONTACT:
Gail O'Connell-Babcock, Ph.D.
Citizens for Humane Animal Legislation/Watchdog
16004 S.W. Tualatin-Sherwood Road, Box 508
Sherwood, Oregon 97140
Telephone: (503) 625-4563
Fax: (503) 925-8299
e-mail: gocbwatchdog@aol.com