Showing posts with label animal law. Show all posts
Showing posts with label animal law. Show all posts

Saturday, March 16, 2013

Update on the Stitch Case




Many of you have been asking for an update on Stitch, while we have been lying low over here. First let me assure you, Stitch is still happily with us, and is healthy and thriving. He and Evan are growing up strong together.



When this legal battle for Stitch began, I had hoped ours would be the precedent-setting case - the tipping point for overturning the Lost Property Statute in relation to family pets. But it wasn’t. As most of you know, in June of 2011, the judge awarded custody of Stitch to the plaintiff because of Lost Property Statute. (He also slapped the plaintiff with monetary damages, which we never asked for, and never collected). We immediately filed for an appeal. Our appeal was thrown out last July, 2012 (due to budget cuts in California courts). But we never gave Stitch up, and we continue to file motions. At this point, we will file motion after motion until the case burns itself out.



The interesting thing is that, although the plaintiff won custody of Stitch, he never attempted to claim him. He never contacted us, neither after the first or the second trial.



Stitchy on the news!
So Stitch is still with us and the case goes on and on in perpetuity. Limbo was not exactly the happily-ever-after ending I wanted. I wanted to change the law – for Stitch, for you, for all our pets. We didn’t change the law. But, at least we started a national conversation. We were on the news, front page of L.A. Times and many national newspapers, we were even on NPR. We got America buzzing about the issue of pet’s rights, verses “owner’s” rights. We made the point that our pets are loving sentient beings - guide dogs for the blind, therapy dogs for the sick, companions for our veterans.  I hope America’s eyes have been opened to the fact that pets are not property.


I guess at the end of the day, we do have our own version of a happy ending. The case drags on but we have Stitch and he is happy, healthy and loved. We thank all of you for your ongoing support and kindness through this long three-year battle. We never would have made it this far without you.




For backstory on the Stitch case, read: "Stitchy, the L.A. Times and the Painful Lesson Learned." 
OR


Wednesday, August 22, 2012

Stitchy, the LA Times and the painful lesson learned.


So the L.A. Times has run an article on our Stitch story, and I have learned a huge lesson. When you open yourself to the press, you’re also open to the risk of things being misinterpreted – which can really hurt you-  and that is what happened here. While I understand that a journalist must present both sides of an issue, this journalist left out the most important parts of the story- the ones where Daveigh Chase locked Stitch in a room for days and eventually abandoned him, and where Soleil Brown admitted to losing him at least five times, didn’t go looking for him for days because he “figured he’d turn up”. Also the fact that Stitch was found in the middle of a highway, weak and sick, with a cigarette burn on his neck. Because she didn’t include those facts (all that were admitted in court- and I have numerous witnesses) it just looks like Brown is this poor guy whose dog was taken away. In the comments section of the story, we are being called “spiteful”, “selfish” and “disgusting”.

What this article neglects to mention is the reason we can’t turn Stitch over to Soleil Brown. I told this journalist, several times, I would never keep a dog away from an owner who loved and cared for him. That would be cruel. But we could not in good conscience, turn Stitch over into the hands of these people. In their care, he almost ended up dead.

Before we adopted Stitch in 2007, he had been passed around between a group of kids: Aaron Carter, Daveigh Chase, and Soleil Brown. This is a group of privileged Hollywood kids who spend their time partying and in nightclubs. Aaron Carter, who used to date Lindsay Lohan and has been in and out of rehab, was the original owner of Stitch, but he gave him away to Daveigh Chase, (the voice of Lilo in Lilo and Stitch, thus Stitch’s name). Daveigh was then a teenager, spending all her time in nightclubs. She locked Stitch in her room for days at a time without sunshine or exercise while she was out partying. Then she ran away from home at 16 with her adult boyfriend, Soleil Brown, abandoning Stitch. This is why her mother was looking for someone to adopt Stitch. Any of this can be googled. There is a paparazzi video of Daveigh saying Stitch is her dog. (google “Daveigh Chase is adopting a puppy”)  If you want to see pictures of Daviegh Chase guzzling tequila straight out of a bottle and various other nasty things, just check out her tumblr page (Daveigh Chase in your face). Or Soleil Brown’s online profile where his About Me sections says that he “hates everyone this good world has to offer”. These are the people who passed Stitch around like he was a toy. Daveigh’s mother told us that Stitch had been taken to wild parties where he was so distressed he jumped through a window and ran away.

After we adopted Stitch and had him licensed and microchipped, Brown falsely claimed the dog was his (because Daveigh was a minor and had no recourse) and filed a theft report against us with the police department, and although he had no proof or documentation that Stitch belonged to him, we were forced to return Stitch to Cathy Chase (Daveigh’s mother). Two years later, Stitch was found abandoned in the middle of a highway, sick, and with a cigarette burn on his neck. Because he was still microchipped to us and had no current tag, we were contacted. We made a ten hour trip to rescue him for a second time.

Brown didn’t put missing signs up for Stitch until eleven days after he went missing. I believe this is because Brown lives in Hawaii, and only comes to L.A. for some months out of the year. My question is – how can he own a dog in California, when he LIVES IN HAWAII?

I wondered if, when we went to court, we would learn something about Brown – that maybe we’d find out we were wrong, and he really was a good guy who loved Stitch. But that didn’t happen. Brown admitted in court that he had lost Stitch at least five times, that he let Stitch, a small French bulldog, run loose daily in the wilderness in Tahoe, where there are coyotes and bears. Even after losing Stitch numerous times, he never gave him a proper tag, never licensed nor microchipped him. Do those sound like the actions of someone who “loves their dog like a child”?  If a parent had “lost” a child five times, CPS would take the child away.

And in response to Brown’s former attorney JT Fox (in the article) saying he loved the dog? JT Fox dropped Brown as a client. I was there when he went to court to ask the judge to release him from the case. He told my attorney that Brown was an idiot who didn’t care about the dog. This whole thing was only about money. Brown was originally suing us in unlimited court for up to $50,000.

Again, everything we’ve done in this case has been what we believe is Stitch’s best interest. Stitch has lived with us for years, where he is safe and loved and has never once tried to run away. For those who have called us selfish and disgusting, I can only say this. We have spent thousands and thousands of dollars, and endured years of grief over this. Would a selfish person do that? We are doing what we believe is right, whether the court agrees or not. We aren’t concerned with anyone’s judgment. We only want to do what is right. Stitch deserves to live a happy and safe life. 

AUGUST 2013 UPDATE: It has been a year since I posted this blog, a year since our appeals were thrown out of court, 2 years since the plaintiff "won" custody of Stitch. He has not once tried to contact us or our attorney to retain custody. I think at this point, any judge in his or her right mind could plainly see that this never was about Stitch. It always was about money.

Wednesday, July 11, 2012

If We Win...



Here we are, at what we believe will be our final ruling in appeals court (but who knows with this case) in our fight to keep custody of our dog Stitch. We should be issued a preliminary ruling by 4pm today. If it is in our favor, all we have to do is show up tomorrow in court and happily accept. If it is not, we go to court with our attorney tomorrow to present oral arguments against the ruling. If we are ordered to turn Stitch over to the person who neglected and abandoned him years ago, we will fight.

We lost this case last year due to the Lost Property Statute, a law written 200 years ago, when even people were considered property. The judge who ruled against us referred repeatedly to Stitch as “it”, comparing Stitch to a bicycle. Our pets save lives, work alongside our police and military, visit sick children in hospitals, rehabilitate prisoners, guide the blind and disabled, benefit our health and longevity. They can not be left in hot cars, or abused, or used in fighting rings. Can you say the same about a bicycle? The Lost Property Statute of California is antiquated and must be overturned.

If we win tomorrow, not only do we get to keep Stitch in our happy home, ours will be a precedent-setting case which will show that pets are not property, they are sentient beings who deserve to be protected and loved. Our victory will be a step in the direction of compassion toward animals, which will benefit all pet owners.

But win or lose, through this long battle, I have gained more than I ever imagined. I have learned that the world is full of kind and gentle people who will reach out and help a total stranger. I have learned that I am much stronger than I knew. I have learned how to stand up for what I believe in. And I have learned to have faith.

Although I struggle with my faith, I do pray. Years ago, during a particularly dark time, I prayed and prayed for God to restore my faith in humanity. I believe Stitch was sent to us to show us how good people can be. Because of him, we have been flooded with compassion from all corners of the globe. How rare a gift we have been given. I do not take it for granted. Through all of the heartache, grief and expense, I consider Stitch an answered prayer.

In many ways, we have already won. We’ve been fortunate to work with our attorneys Jill Ryther and Shannon Keith, two of the world’s biggest animal advocates and finest people. We’ve met so many wonderful animal-loving folks. We’ve made new friends all over the globe. And most importantly, we have had the joy of sharing our lives with Stitch for the past three years. In every way we have been enriched by this long and crazy journey.

In these last few hours, I can only ask, if you are a praying person, that you pray the honorable judges of LA Superior court -Patti Jo McKay and Gregory Keosian- are guided by compassion as they make their final decision. Pray for Stitchy, that he is forever in his safe and loving home. If you aren’t a praying person, that’s okay, too. Just think good thoughts and believe in the best outcome.

I will update you all the MOMENT I have any news.

We want to thank the Los Angeles Times for getting behind us (will post the story when it runs) and Robin Sax at Fox 11 News for reaching out and supporting. Also the good people at the Ellen Show for contributing to the Save Stitch legal defense fund.

But above all we want to thank all of you, friends, family and strangers alike, for your words of support, your encouragement, your donations and your help. Thank you for sticking with us on this long journey. We never would have made it without you.

Keep the faith! Save Stitchy!

UPDATE 4:45 pm Wednesday:
FRUSTRATING COURT SYSTEM! The Superior court just filed their preliminary ruling. They are upholding the lower court ruling ( meaning we LOST) due to a technicality in paperwork  (the fact that there is no court reporter record, because in lower jurisdiction hearings- there is no court reporter!)

They refuse to hear our case tomorrow. BUT- now our attorney is going to file a writ to the higher court- the Federal Appeals Court. We are taking this fight to the top! We are not giving up!


Monday, May 21, 2012

Fighting the Courts to Keep our Dog!

Sometimes the law is just wrong.

It was wrong about slavery.
Wrong about prohibiting women from voting
Wrong when interracial marriage was prohibited.
Wrong, wrong, wrong.

And its dead wrong when it seeks to take our dog away because of an outdated  statute, which deems our pets nothing more than property, like a bicycle or a stereo.

On June 7th, the appeals court will decide whether our dog Stitch will be taken from us.

Here is our story on AOL Patch today:
Chatsworth Family Fights Court to Keep Their Dog

Here is a video of Stitch and our son Evan

Saturday, November 19, 2011

All Because of a Little Dog Named Stitch

This is why we fight.
Over the past two years of this insane trial, I have spent a lot of time asking WHY? We are good people who only wanted to give an abandoned dog a good home. Why all this insanity?

I prayed and prayed for help. And what I got instead was more drama.

But lately I’ve realized something.

When I prayed for help, I was given opportunities to help myself. When I prayed for courage, I got opportunities to be courageous. When I prayed for the money to get through this, I was given opportunities to be valuable and work hard. I  got to see how charitable and loving people can be. Complete strangers have financed a good portion of this lawsuit.

Through all of this trial, and believe me, it’s been a trial on every level, I’ve been given the gift of courage. Courage is a muscle that only becomes strong with use. Just like a workout at the gym, no one can give you strength. It only comes from working that muscle and working it hard.

Some people don’t understand why we’ve turned our life upside down and gone into financial crisis over a little dog, and that’s okay. They’ve not walked in our shoes, and I’m sure it’s hard to understand. But sometimes in life you’re given a chance to fight for something you believe in. It never comes at an opportune time, but when it comes, you get to see what you’re made of.

Troy and I are being made into something more than we were when we started this fight.
We are braver, stronger, and have more faith in people. We may have lost some money in the past few years, but what we gained is something that can never be taken from us.

And all because of a little dog named Stitch.

For the background story, newspaper articles, the petition and more, see SaveStitch