| Tuesday, March 4, 2003 Collie owners to be tried again on animal cruelty charges By CAROL BRADLEY Tribune Staff Writer CHOTEAU -- Jon Harman and Athena Lethcoe-Harman of Alaska will be tried a second time on animal cruelty charges stemming from the discovery of 181 collies and other animals in their tractor trailer last fall, a Teton County justice of the peace ruled Monday. The trial is expected to take place in mid to late April after he's had a chance to sort through motions, Judge Pete Howard said. He'll determine the location of the trial in a matter of weeks, depending in part on whether a change of venue is requested. The Harmans asked, but Howard refused to give them custody of their animals in the meantime, with one exception: Lethcoe-Harman, a diabetic, may reclaim a short-haired collie she says helps alert her when her blood sugar is about to drop. Even if the dog, Panache, had no medical intuition, "Dogs are pretty nice to have around," Howard said. That was his only concession to the Harmans of Nikiski, Alaska. The couple was arrested last Nov. 1 after U.S. customs inspectors discovered 166 collies, five other dogs and 10 cats crammed into the back of the Harmans' tractor trailer when they arrived at the Sweet Grass border stop late Halloween night. The animals had traveled 2,240 miles over nine days. They were malnourished, dehydrated, shivering, sick and distressed, according to sheriff's deputies. One dog was dead. Toole County charged the Harmans with 181 counts of misdemeanor animal cruelty. Each count is punishable by a fine of up to $500 and up to six months in jail. A seven-day Justice Court trial ended in a mistrial in January when the six-person jury failed to reach a unanimous verdict. Only one of the jurors wanted to convict the Harmans. The case has attracted national attention in part because, for four months now, Toole County residents have operated "Camp Collie" at the Marias Fairgrounds. Supporters from across the country have donated more than $100,000 to help care for the dogs, and animal lovers from Florida to California have flown to Montana to help feed, water, groom and walk the collies. Spectators whispered "Yes!" under their breaths as Howard denied the Harmans' requests first to dismiss the case and then to let them move their dogs to Arizona while they await a second trial. Whether the dogs can remain in Shelby is another matter, however. Toole County Sheriff Donna Matoon testified that the local 4-H club wants its building back by the first of April, although she said the organization might be willing to extend that deadline. The regional office of the Humane Society of the United States is scouting for new sites to house "Camp Collie," but no deal has been announced. On the witness stand, Lethcoe-Harman described the 40-foot-by-40-foot metal Quonset hut and four dog runs awaiting the collies on the Harmans' property south of Woodruff, Ariz. Defense attorney Scott Albers presented an affidavit signed by Winslow, Ariz., veterinarian Emerson Scott noting that the Harmans' new kennel met his approval. Contacted later Monday, Scott said the kennel wasn't completed when he visited it in December, but he was impressed by the "extremely big" size of the four runs and by the Harmans' interest in treating their dogs humanely. Parents sold interest Lethcoe-Harman said she has given her parents, Jim and Nancy Lethcoe, a secured interest in the dogs in exchange for roughly $30,000 that she can apply toward her legal bills. The Lethcoes are living in Arizona and would be able to care for the dogs while the case against the Harmans continues, Lethcoe-Harman said. She repeated her desire to adopt out about 70 of the collies. Under cross-examination, she acknowledged that the kennel permit granted to her by Navajo County would allow an unlimited number of animals. Albers spent half an hour trying to prove that the record-keeping during the first trial was inadequate and therefore grounds for rejecting a second trial. Howard denied the motion. Albers also argued that, given the lack of evidence demonstrated by the hung jury, there was no probable cause to go forward with the case. When he opened a law book to cite an argument he hadn't included in his written motion, Howard stopped him and made him close the book. 'Retrial's appropriate' Montana has a long history of handling mistrials, Howard said. "I can't imagine the legislature or the state Supreme Court would have created a Catch-22 situation" by which a mistrial would negate retrying a case, he said. Albers said he'll ask the state Supreme Court to review that decision, but agreed that Howard shouldn't wait to hear the results before proceeding. The bulk of the 2Þ-hour hearing was spent discussing Lethcoe-Harman's dissatisfaction with the care of the collies in Shelby. She said Toole County authorities not only allowed Jon Harman's personal fox terrier, Kryptonite, to be stolen out from under them and neutered, but they dodged questions about the theft for more than a month. The dog disappeared two days after Christmas and was returned on Valentine's Day. Under oath, Toole County Undersheriff Don Hale said he didn't disclose the incident earlier because it was still under investigation and he wasn't certain the Harmans themselves hadn't taken Kryptonite. He said he also didn't want to upset Lethcoe-Harman any more than she already was in light of the upcoming trial. He told her of the dog's disappearance the night the mistrial was declared. Hale said the dog was traced to Lethbridge, Alberta, resident Kerry Lee King and said felony charges are pending. Didn't know about surgery Lethcoe-Harman, who moved to Shelby three months ago to be near the dogs, also protested that no one told her or asked her permission to perform surgery on a 10-year-old female collie, Link. The dog died last month, a couple of days after undergoing surgery for an anal-rectal tumor that was obstructing her bowels. Matoon said she didn't think it was necessary to inform Lethcoe-Harman every time one of her dogs needed medical treatment. "The animals are under my care and custody," Matoon said. If a problem arises, "We take care of it. We keep a record of it." Albers tried to make an issue of the Humane Society's involvement in looking for new Camp Collie sites. Lethcoe-Harman said Jean Leavitt, president of the American Working Collie Association -- which has donated tens of thousands of dollars in supplies and manhours toward caring for the collies -- co-owns a collie that has competed against Lethcoe-Harman's at shows. Albers questioned openly whether all of the money raised by the Humane Society and the AWCA on behalf of the collies is actually getting to the dogs. 'Dogs too fat' Lethcoe-Harman also complained that life at Camp Collie is making her dogs obese. On a veterinarian's scale of 1 to 9, she likes to keep her dogs at a 3 or 4, Lethcoe-Harman said. She said most of the dogs are now at 6 or 7 and some have reached a 9. "One morning one of the bitches could barely stand up, she was so fat," Lethcoe-Harman protested. "That wasn't the same one that had to be carried out of the truck" the night of Nov. 1, asked Teton County Attorney Joe Coble, who's helping prosecute the case. Veterinarians testified during the first trial that a number of the Harmans' dogs were so emaciated they ranked a 2 on the scale. Howard said the dogs were being treated well and humanely under Toole County's care and would remain in the county's custody. 'Agree on care' The judge ordered both sides to draft a joint agreement addressing the care of the dogs. Among other things, Lethcoe-Harman wants permission to tape the ears of show-worthy collies so they will curl the proper degree. Howard told her she's not allowed to take Panache outside Toole County except to Cut Bank, which Lethcoe-Harman said is a frequent destination. The judge will review motions regarding the new trial at 10 a.m. April 4. Calgary Herald article by Deborah Tetley: Dog trial juror advises prosecutor to stick to "issues" Deborah Tetley Calgary Herald Now that a Montana judge has granted a retrial in the infamous Shelby dog abuse case, a member of the hung jury in the first hearing has advice for lawyers, defendants and jurors involved the next round. "The trial kept getting run off the rails by issues that had nothing to do with the charges," Dan Roark, 22, said Monday. "We had a responsibility that would change someone's life forever - a really big deal we all took seriously - and a lot of the testimony wasn't about the abuse charges." Roark was on the six-person jury that became deadlocked in January after a seven-day animal abuse trial here. He said the charges are unfounded and the dire condition of the dogs described during testimony was an "over-exaggeration." An internationally known collie breeder from Alaska, Athena Lethcoe-Harman, and her husband, Jon Harman, were each charged with 181 counts of animal cruelty on Oct. 31 after they were pulled over at the Alberta-Montana border at Sweetgrass. Experts testified the 171 dogs, mostly collies, and 10 cats were emaciated and dehydrated. "I think that was over-exaggerated," Roark, a dog owner, said. "She did the best she could considering she was moving everything she owned. "If they did abuse the dogs - and I don't think they did - the prosecution did not prove it beyond a reasonable doubt," Roark said. "I'd like to see her get her dogs back." Roark spoke out for the first time on the same day Teton County Justice Pete Howard rejected several motions from the defendant's lawyer, Scott Albers, to dismiss the case. In an unusual twist, however, Howard allowed Lethcoe-Harman to take one of her 171 dogs to her rental unit in Shelby to live with her until the case wraps up. Court heard the owner is a "brittle" diabetic and the "medical alert" dog, named Panache, is able to detect low blood sugar. "I didn't think it was an unreasonable request," Howard said, adding he denied a motion to have all the dogs returned. "I don't doubt her ability to care for this dog and apparently she has a valid medical concern." This is the same dog that gave birth to a litter the night of the seizure. Howard also indicated the defence intends to appeal Monday's ruling to the Montana Supreme Court. Albers could not be reached for comment Monday. Howard plans to set a new trial date April 4. "We are starting anew," he said. "Both parties are in the same position they were back in November." Calgarian Dee Clair, who's twice volunteered at the Shelby fairgrounds, where the dogs are housed, was relieved at the decision. "I was so anxious all day," she said. "I couldn't stand it anymore so I called the courthouse. "As soon as I heard the news, the knot in my stomach went away." Roark said although the jury voted 5-1 in favour of the defendants, it wasn't as cut and dry as initially thought. Roark said one man couldn't make up his mind. The same man also said he would only find the couple not guilty if the judge imposed a probation provision that would see officials visit the dogs routinely in Arizona and monitor their health. "We didn't have the authority to do that," Roark said, adding the other jurors were "convinced beyond a reasonable doubt" of the couple's innocence. Roark said it should be expected nearly 200 animals housed in a 13.7- by 2.4-metre trailer for eight days and 3,800 kilometres would be in bad shape. "Sure, the trip was tough on them," he said. "They were in pens most of the time, but that doesn't mean she treated them any differently than anyone else would." Most of the jury was convinced the couple let the dogs out of the trailer to walk, water and feed them on a regular basis, Roark said. Court heard Harman slept while his wife let the animals out for up to nine hours at a time. Sometimes he would help her move the heavy fencing. "We saw pictures of her at the border, freezing in nothing but a poncho and taking care of the animals by herself," Roark said. "I think the evidence we were shown of some dogs was only of the worst conditions." Two veterinarians and the director of the U.S. Humane Society testified the dogs were in some of the worst physical shape they'd seen in their careers. The defence has maintained that an overnight delay at the border caused the animals to become thin, diseased and dehydrated. One dog died after breathing in its own waste. Roark said it didn't matter that the defence admitted lying to several authorities along the way about the number of dogs in the truck. "It wasn't enough to convince us she abused or neglected her dogs," he said. "I needed more evidence of abuse." Roark initially believed the Harmans were guilty and began to change his mind when the trial visited Camp Collie. "She knew all the dogs by name," he said of Lethcoe-Harman. "Maybe she was making it up, but I thought that was impressive and showed she cared about them all individually." tetleyd@theherald.southam.ca Jan. 22, 2003 UPDATE 1/22/03 on the Montana Collies Statement by AWCA President Jean Levitt, from Shelby, MT *Permission to crosspost* At 9 AM opening arguments began. Athena Lethcoe-Harman and John Harman were charged with 181 counts of animal cruelty. The original charge of 182 counts was changed because authorities originally thought there were 11 cats instead of 10. Defense attorney Scott Albers stressed the importance of the Valiant kennel because of the genetic work Ms. Harman was doing over the past 20 years with collie eye anomaly. He explained she needed a large amount of dogs to carry out her work. He explained the Harmans were moving to Arizona: 1, because of the weather; 2, larger population to sell unneeded dogs to keep number of dogs down. He explained the normal practice in Alaska was to just shoot all dogs no longer needed in a kennel. She chose to truck the excess dogs to Arizona rather than shoot them; 3, more stud dogs available; 4, many Europeans are interested in her dogs. In Arizona she can ship more dogs to Europe; 5, she is diabetic and needed a warmer climate. Albers stressed how carefully the Harmans planned the trip to ensure it would go well because of the importance of AKC registration. Prosecutor Merle Raph, assisted by Teton County attorney Joe Coble, called U.S. Customs Inspector Russell Hancock of the Port of Sweetgrass. Hancock testified the Harmans said they were transporting 105 dogs, and that each dog had its own kennel except for a few puppies. Concerned that the dogs needed food and water, he stated he discussed this with Ms. Harman. She replied they didn't have any food. The defense pointed out it had only been 12 hours since they had been last fed and watered. He stated she wanted to buy food, but that it was 10:30 at night and the nearest open store was about 60 miles away They had some water in a blue plastic barrel According to the inspector at Sweetgrass, the only food on the truck was in the bottom of the crates soaked in urine and fecal material Inspector Hancock testified he detained the Harmans to get a veterinarian to check the overall health of the animals He said it was an unusual case. Deputy Sheriff Mike Lamie described inching his way to the back of the truck sideways along the filthy narrow aisle after the chainlink fencing panels were removed He described the urine and fecal material that dripped onto his uniform from the crates piled up on both sides of the truck He looked into the pens with his flashlight and saw the collies wet with the urine and fecal material He described the foul smell, the 0 degree temperature, and the frozen condensation on the ceiling of the poorly ventilated truck He called the Toole County Sheriff's Office in Shelby and reported his findings to then-Undersheriff Donna Matoon. He also called in Dr. Hardee Clark, Shelby veterinarian, to assess the condition of the dogs The portable fence panels from the truck were set up outside, and about 20 dogs were offloaded He testified Ms. Harman began giving the dogs water, and attempted to scoop out filth in the bottom of some crates He described two collies separated from the others, not drinking water, and appearing listless Deputy Lamie testified Dr. Clark asked Ms. Harman why the two dogs appeared unwell, and were separated She said they were separated because they were recovering from parvo. Deputy Lamie explained he felt a crime was being committed. Defense attorney Albers pointed out Ms. Harman was diligently watering the 15-20 dogs in the pen, and cleaning their empty crates He reviewed Deputy Lamie's written report and asked him about his statement, Frozen particles of liquid in the dogs fur. Albers explained there had been a flood in Alaska before the Harmans began their trip. Prosecutor Merle Raph called Dr. James Becker, DVM, the Port of Sweetgrass veterinarian He described the sanitation Very filthy, filthy cages, filthy animals, and some cleaning had taken place before I got there. He assessed the overall condition of the dogs, saw one dog basically OUT, couldn't get up, died shortly. His decision Must clean up situation as soon as possible and get those dogs treated. He further stated, Dogs were definitely on the thin side I wanted to see if these critters were able to stand. He testified he asked Ms. Harman, What happened? She explained, Fire. He testified he asked if she had considered aborting the mission He testified that she said she didn't think they would make it through the winter in Alaska. Court was then adjourned until 9 AM Thursday. The trial is expected to last through Friday. Thea Sperline, professional groomer Kay Bullard, and I drove out to Camp Collie today to see the dogs at lunchtime. They are clean, well fed, and of course continuing to receive veterinary care. The dog with the most serious hernia has had surgery and is recovering nicely. AWCA is proud to be able to pay his bill, and we thank the animal community for making that possible. Calmly, Jean Levitt, President AWCA Lisa King, AWCA Director AWCA Rescue Officers and Members of AWCA If you would like to assist AWCA with this rescue effort, you may send a check to: Bethany Burke AWCA Treasurer 2807 Lee Trevino Court Shalimar, FL 32579 Make the check out to AWCA and in the memo area note: collie rescue-medical, collie rescue-stainless steel, or collie rescue-general. |
| Email for new Justice of the peace for 2nd trial. tetonjp@3rivers.net |
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