.jpg)
Appeals Court clears the way for Stu to be killed, despite the fact that nationwide dangerous dog laws exempt dogs who are injured and in pain at the time of a bite
Despite a case filled with discrepancies, missing reports, and irregular behavior on the part of L.A. Animal Services and City personnel, the California Court of Appeals today ruled that the City's sentence of death against Stu, a ten year-old dog with a record of one biting incident four years ago, when Stu had himself just been injured, could stand. This clears the way for L.A. Animal Services to euthanize a dog who many, including Animal Services Commissioners, feel was denied his legal due process, and who most agree presents no danger to the public.
This despite assurances from Deputy City Attorney Dov Lesel at this Monday's meeting of the Board of Animal Services Commissioners that it was unnecessary for the Board to take any action to save Stu, as a ruling by the Appeals Court could be weeks in coming.
Yesterday's meeting also featured an impassioned critique of the Department's actions by Commissioner Archie Quincey. "I've been over this case backwards and forwards," he said, enumerating the discrepancies in the Department's case against Stu, beginning with how Stu initially came to be in Animal Services custody in 2005. Stu's owner Jeff de la Rosa kept the dog in a locked kennel and found, on the day he discovered Stu was missing, that his gate had been tampered with. The dog was allegedly found by an unidentified private citizen and brought into a City shelter, but Quincey questioned the circumstances of the dog's appearance in City custody, "I don't see a report. Who picked up the dog? That's a big discrepancy."
Quincey, who brings thirty years of experience in L.A. County animal control to his role as Commissioner, also questioned the process by which Stu was condemned, despite a hearing in which the Hearing Examiner did not find Stu to be dangerous. Contrary to L.A. Animal Services policy and L.A.'s municipal code, a Department captain unrelated to the case, a Captain Helen Brakemeier, intervened, sending a memo to former Animal Services General Manager Guerdon Stuckey saying she believed Stu to be a "dangerous dog," a designation that carries with it a sentence of death. De la Rosa says he was unaware of Brakemeier's role in condemning Stu until after the dog had been sentenced to die by Stuckey, who was fired by Mayor Antonio Villaraigosa days later.
Quincey questioned the process by which Brakemeier arrived at her opinion. ""She came to her conclusion without an investigation. If there was an investigation, where is the report?" He further pointed out, "There is no report from the doctor [regarding the bite victim's injuries]."
"All of these reports should be in the file and should have been made available to Mr. de la Rosa. I think the Department was in grave error."
Startlingly, Quincey also pointed out that since the single biting episode occurred inside a private residence, it was "not a violation of the municipal code. There's no way that dog could have been impounded [by Animal Services]."
"It's inhumane to keep Stu locked in a cage. There's numerous errors. I think this was wrong from the get-go. There should never have been charges filed -- Stu's completely innocent!"
Commissioner Kathy Riordan also addressed issues of denial of due process, questioning how Captain Brakemeier initially became involved, "It doesn't seem like the General Manager asked for [her] report."
Commissioner Quincey repeatedly asked Deputy City Attorney Dov Lesel, who has in the past been an advocate for the City's case against Stu, "What can we do today? This has been going on [for years]. It's got to stop!" He repeated his question as to what the Board could do immediately several times, "I think it should be done today."
Lesel downplayed the urgency of the issue, saying it was "not an emergency situation," therefore nothing needed to be done immediately, as the Appeals Court ruling could take weeks to be handed down. He also denied there was anything the Board could do to influence the situation, stating that "The City Council and the Mayor decide now."
Quincey also demanded to know why his motion that the Board ask the City Attorney to drop its opposition to de la Rosa's appeals on behalf of Stu, first introduced on April 14th, was never placed on the agenda for a Board meeting, despite assurances on that day from Animal Services Assistant General Manager Linda Barth that "the item is already agendized for the next meeting."
Quincey's motion to save Stu never subsequently appeared on the Board agendas as an "action item," the designation Lesel said was required before the Board could vote on it. Then, as previously reported, the Board meeting immediately prior to June 18th arguments before the Appeals Court was abruptly cancelled.
Quincey asked, "Can we find out why it was not agendized? I introduced this motion over a month ago and the Department has been circumventing. Somebody has to give the Board an answer!"
Commissioner Riordan asked, "Is it purposely that the Department did not want to bring this up?"
Lesel, in an apparent attempt to disclaim responsibility for setting the meeting's agenda, stated "I saw the agenda [for Monday's meeting] on Sunday."
Animal Services Assistant General Manager Linda Barth, who according to the minutes of the April 14th meeting informed the Board that Quincey's motion would be on the agenda for the April 27th meeting (although it did not subsequently appear), and who was seen handing out printed copies of Monday's agenda prior to the meeting's start, remained silent as Commissioners demanded to know who was responsible for failing to place Quincey's motion to spare Stu on the agenda prior to the June 18th Appeals Court arguments.
Meanwhile, supporters of the embattled Stu took the opportunity to appeal to the Board for mercy for the senior dog. Attorney Laura Beth Heisen said "We don't have evidence that Stu is dangerous," and she urged the Board to instruct the City Attorney to file a supplemental pleading with the Court of Appeals prior to the Court's decision, arguing that "we don't kill dogs when there's a chance to fix it."
Several members of the community stepped up to request clemency for Stu, as well as his return to de la Rosa. One supporter read an email from Laurel Barrick Rine, Chairman of the Grand Rapids Community Bite Prevention Committee, in which Rine states "I have researched dangerous dog legislation extensively. Universally such laws hold that a dog that is injured and in pain at the time of their bite is exempted from being labeled Dangerous Dogs."
Commissioner Riordan stated that "Dangerous or not dangerous is not even an issue anymore. We owe this dog his trip home."
This opinion that Stu is not a dangerous dog is also shared by Dr. Richard Polsky, a dog behavior expert who helped formulate the City standards for dangerous dogs in 1987, and by Bobby Dorofshar, an expert who has consulted with the City on various animal-related issues.
After Lesel shut down attempts by the Commissioners to take immediate action, Commissioner Riordan asked, "Can I just appeal to the Department that we will not kill Stu before the next Board meeting?" Barth agreed, while Lesel stated "I can't see any reason why it can't be on the next agenda."
Commissioner Riordan reaffirmed her commitment to saving Stu, saying, "If there are any attempts at execution before the commission votes on this -- they'll have to knock me down at [the sanctuary where Stu is being kept]."
If you would like to register your opinion on Stu's fate, you can contact the Mayor's office at: (213) 978-0600
For more info: For more background on Stu's four-year legal battle please see Playing political games with a dog's life
Comments
What a horrific turn of events occurring amidst an already disgraceful situation. What on earth is going on with the city of Los Angeles? It is time for the Mayor to get involved and take action against those whose are clearly violating proper protocol.
This poor dog has now been wrongly imprisoned for four years, only to be wrongly sentenced to death?
Mayor, step up to the plate and right this wrong. Stu needs to be released to his guardian immediately and investigations into the city's wrongdoings need to be conducted.
Release Stu please! This isn't right AT ALL!
Thank you , Kate, for another great piece. I wish the news were different. However, the fight is not over and I am urging the Board to hold that emergency meeting , or a special meeting, which they were coerced out of on Monday. I expect they will make recommendations to Council and/or the Mayor.
One of the problems with this Board is they do not know what they are capable of or what their power is. They have no by-laws and not much guidance from the Administrative Code. Their power seems to change in whatever wind is currently being blown by management and the City Attorneys. I applaud the courage and conviction that Commissioner Quincey has shown us and also welcome the commitment that the rest of Board has made to right this horrible tragedy. I do have a picture in my mind of Riordan at the gates (with hundreds of others) defending Stu and I would caution any invaders that she has the will of Joan D'Arc. Happily, she will not meet the same fate. I hope the same is true for Stu.
All vestiges of commonsense vanished from this matter long ago. If indeed the decision rests with the mayor and the city council, then we must inundate our city councilmembers with emails and calls to see if at least they have a sensible bone left in their bodies.
Since the beginning the overarching concern in this case has been city liability. That's all the city cares about even if it means killing animals. This is why evidence animals are so often euthanized.
The city has lost millions in lawsuit settlements--remember Tennie Pierce, the firefighter who sued the city after being served Alpo dog food in a hazing incident? Despite Pierce having participated in similar hazing incidents, he decided this was racially motivated and ended up with a $1.5 million settlement.
But Stu's case involves a real dog, not dog food--although he could end up in dog food courtesy of the rendering plant.
It's time to end this madness. And thanx Comm. Quincey for talking truth to power.
Hey Mayor, make our tax dollars work here. Save the poor dog, they're not even following the proper protocol here. It's obvious breed discrimination. Free Stu!
This is wrong on so many obvious levels, Stu does not deserve to die because of human error. He behaved as ANY dog would under the circumstances and deserves to go home.
Come on LA, this is ridiculous. Stu isn't a threat. Let him go!
Come on LA; Stu isn't a threat. Let him go home!
I applaud Kate for the great coverage of this case. I hope the more people who read about this (I've sent it around) will speak up and help this poor dog go home. Disgrace is definitely the word to describe what is going on.
I hardly recognize this as America when all the evidence points to releasing this dog with a clean record. This goes way beyond nonsense into total ridiculousness. Who is running this horse and pony show, LA? What are you thinking?
This is crazy let the dog go home. Mr. Mayor please step in and save Stu.
Shame on Los Angeles,wasting taxpayers money on Stu, who deserves to run free in his backyard and not be in a cage for 4 plus years. Give his last years good years. Let him go home. Shame on everyone.
On what basis did the Appeals Court rule? What did the ruling say exactly?
And what is the deal with Dov Lesel??
This is totaly unbelievable and so unAmerican. I'm getting this image that the City of Los Angeles just loves to kill dogs. Shame on you people. Let Stu go back home and live out the rest of his life with his owner.
This is just cold hearted and unjust. This poor dog bit someone because he was scared! To put an innocent dog in "prison" for 4 years that did nothing wrong, and then kill him instead of doing the right thing is just wrong. Give him back to him owner. You people are cowards. Look at the pain in his eyes. I am heart-broken and so disappointed in all of you like all of america is.
American pathetic bureaucracy at it's best.
Insanity first class. A dog's life is compromised at the hands of idiots who cannot take a dump without proper reference to some lunatic law governing it. Common sense lost.
America the TOTALLY CRAZY. Pitiful and beyond words. This is CRUELTY first class, but here in America, where prison mentality is so predominant... the officials get away with anything, because they are corrupt and stupid.
What a sad abuse of power and showcase of stupidity. Poor Stu. What a sick country to be a dog in. What a risk to be a dog here. Dogs cannot be dogs in this deranged place. L.A. is a ghetto indeed, this case proves it once again.
If the system can screw you and your dog, it will... to feed egos and attitude. May those hurting Stu and his owner for so long now, rot in hell where they belong.
You have to begin asking yourself about responsible government. There is a citizens right to redress grievances for a governments wrongul taking of a a Citizens personal property under the 5th Amendment and 14th Amendment. Is LA City Animal control so weak and innefective that they use tax payer money to keep a dog that alive for over 4 years to allow them to sit on the fence. Send the dog home and continue on with your stupid trial of it's owner. Or perhaps they want to incarcerate the dog for a protracted period of time, wait for the dog to go kennel crazy and then have it evaluated under surreal circumstances to get a report to substantiate their false position? This is happening all over America and someone somewhere needs to file a 42 USC 1938 Civil Rights lawsuit based on the Federal taking issues which predominates the lawsuit holding individuals personally liable to stop this outrageous discriminatory behavior by City and County employees. Punitive damages makes people think.
The real waste of taxpayer money is the salaries of the officials and attorneys responsible for this atrocity. They should all lose their jobs and their pensions and their health insurance. All of them obviously need to learn what it is like to be helpless and at somebody else's mercy, like animals, who have no rights, and their owners, whose rights are trampled on. Maybe then they will learn common sense and compassion.
Love and good wishes to my fellow captive, Stu.
We don't understand the fuss.
All we want is to be with the humans we love most, the ones who gave us a loving home filled with kindness.
curious says:
On what basis did the Appeals Court rule? What did the ruling say exactly?
And what is the deal with Dov Lesel??
To your 1st question, the Court ruled mainly on the basis that I could not show (the record from the city did not include) proof that I had requested witnesses and that the hearing examiner refused to subpoena them. That proof exists, of course, but my first attorneys failed to make sure that it got into the record at the Superior Court level. This made it impossible to raise the issue, or correct the record at the appellate level. I informed the Board of this months ago and asked them to approve submission of this evidence to the Court. They didn't. The entire opinion is available. Go the the CA 2nd District Court of Appeals site. Click on "opinions," then on "unpublished opinions." Case no. B202071. de la Rosa vs. City of L.A.
To the 2nd question. Dov and I have been tangling for 4 yrs. His buddy, DA Debbie Knaan sat on my appeal. That is another probl
Stop this mockery of the justice system and send this dog HOME to live out his remaining years. We don't treat HUMANS convicted of violent crimes against each other with four year sentences! How can so few control the logic and action of so MANY of both species?
Thank you for keeping this in the public eye, Kate. This needs to get out and I thank everyone that is bravely standing up for Stu. Dov Lesel is a disgusting excuse for a deputy city attorney and he, along with many other incompetent and vengeful criminals involved in this complete disaster of a case, should not be in our employment if they aren't going to honestly serve the people and are going to break the law themselves.
This is totally insane. Has everyone lost their senses? Locking up a dog for 4 years??? Murderers and rapists do less time!! America has totally lost its way. It’s governed by people who have agendas and egos and do not care who gets killed in the process. It is the scariest country I have ever lived and is also the reason why I left. There is no more f**ked up country in the world. It pretends to be the land of the free and the good, when it is a land of animal abusers and officials who abuse their positions of power. Stu has suffered enough. Let him go immediately. What is being perpetrated is abuse, cruelty and torture. All the people involved in Stu’s incarceration should be sued for all they have and prosecuted for animal cruelty and thrown into jail and serve 4 years themselves. Stop this madness. People - use your brains and take a step back and do the right thing. Everyone involved should hang their head in shame. It is a disgrace. I am embarrassed to be an American.
I just called the mayors office and left a message asking for Stu to be released and to come and live out the rest of his life with me here in Colorado. I have secure fenced in acreage where he will never have to be exposed to anything but love. He will never get back the 4 years he has spent in jail but he can have a peaceful and happy ending, he deserves that. Come on Mayor, make the call!!!
If the Appeals Court wants blood, let them euthanize Brakemeier. I hope and pray this woman is no longer in law enforcement; if she will condemn this dog for no apparent reason but her own ignorance, what will she do to a person, young or old? Law enforcement people get a bad rap because of people like this Captain. Stu needs to be returned to Jeff immediately: you have robbed both of them of 4 years. Enough is enough. Why can't he be pardoned by the Governor? The Appeals Court has to be made up of idiots to have handed down this unconscionable and irresponsible ruling.
This is outrageous and I will never view LA or the Humane Society the same way if they kill this old dog who has an owner who loves him. SHAME on everyone involved who want this poor boy killed and does anyone care about the damage done to the owner who has a heart that is broken. This dog was injured. Everyone know you can get bitten by an injured dog. This is so unfair. I feel helpless. I will call but it doesn't seem to help. God bless Stu and his dad. Hopefully someone will come to their senses. Are they just kill happy?
I just called Mayor's office and they shuffle you off to a machine but I too told them I will get in my car this minute and come to LA and get Stu and let him live out his life with me. This is wrong, wrong, wrong. What is wrong with people? This is unacceptable. Wish I was in LA . I would picket.
Please Mayor oro Governor or President Obama...step in and pardon this dog. The people barking to kill this dog are CRUEL and WRONG.
I would like to think that our United States is better than this!! I suppose those clamoring for this dog's death would also put down their elderly parents especially if mom or dad cursed at someone years ago!! I myself will have/rescue ONLY senior dogs. THEY know how to be grateful!
I have to point out that the Humane Society (neither any local group nor the Humane Society of the U.S.) has NOTHING to do with what happened to Stu.
This is an issue of the L.A. City Department of Animal Services, which employs both Linda Barth and Helen Brakemeier; the Board of Animal Services Commissioners (which should oversee the Department, but is seemingly currently being dictated to BY members of the Department); the City Attorney's office, which employs Dov Lesel and Todd Leung, the litigation attorney; and, now, the Mayor and (according to Mr. Lesel) the L.A. City Council.
There are a lot of players in this case, but I wouldn't want to see any innocent party or organization being blamed for what's happening to Stu.
Kate, you are truly a credit to journalism, but I disagree with your suggestion that humane societies are free and clear of all blame.
When a person is wrongly convicted, a number of justice groups will step in.
In my view, the Humane Society and other groups SHOULD have EVERYTHING to do with this case. They should make it their business to follow through with better legislation and policies. After all, what do they stand for, other than the protection of animals - ALL animals! They promote the adoption of shelter dogs, so Jeff became a caring, committed guardian. In return, h and Stu should be afforded their protection.
On the other hand, folks should be careful not to try to solve a problem that doesn't exist. Nobody should put out the suggestion that Stu should go anywhere but back to Jeff! What an unthinkably cruel slap in the face - just what the city attorney and the errant animal control authorities would love! Stu has to be let go, period. Where he goes is up to Jeff.
Are you kidding me, what is wrong with the decision making individuals involved with the Stu case. The poor dog has been locked up for 4 damn years, and now he is 10, ten, that's right TEN years old !!! There being any discussion of killing Stu is severely asinine. That is to be gained with the murder of Stu other that the typical political round-about power glut...Let the dog Stu go home, Gods creatures aren't to be dealt with in a murderous fashion...
To Clarify:
1)The Appeals Court has not condemned Stu. They merely ruled that , based on the evidence before them, they couldn't overturn the Superior Court, who refused to overturn the Dept. of Animal Services. Key pieces of evidence that showed that Stu did not get a fair hearing, which would have resulted in the case being returned to the Board, were missing. My two previous lawyers dropped the ball and the City would not allow the evidence in. Once you get to the appellate court, you can add nothing to the record.
2) Although the Dept. of Animal Torture maintains that Stu was declared dangerous and must be killed, their own governing board believes the opposite. Sounds simple right? No.
The Dept. is not clamoring for the death of Stu. They are following my lead. We have to wonder: What would they do if I just stopped fighting? Grab Stu and kill him?
Unfortunately, I can't afford to find out.
I spent an hour with Stu today :). To be with him, you'd think he was just a regular
I am appalled at the cruelty of some people. An animal, injured or scared, may bite to protect itself for fear of being hurt again. Would you California idiots do anything less? I just finised reading about your governor wanting to lower the number of days from 6 to 3 for 'putting down' dogs being held in shelters when I ran across this case. Has the earth quakes rattled everyone's brains and sense of right and wrong. This does has been incarcerated for $ YEARS!!! That goes beyond cruel. Have some mercy and send Stu home. Has it occurred to you that you are also guilty of cruel and inhumane treatment of Stu's Dad. God gave us animals to take care of NOT abuse. Have a heart!
Does Best Friends know about this? Of all the groups I know and support they are the leaders of dealing with BSL's of all ages and size
I'm disgusted and appalled. Looks like mean spirited idiots are alive and well in LA.
CALL the Mayor's office! Flood the office with calls. Make them accountable.
Send Stu Home! You politicians have done enough to this sentient being. Your VOTING CONSTITUENTS DEMAND IT. If you allow this elderly sentient being to be executed his blood will be on your hands and your VOTING public will not forget it. LET STU GO HOME.
You bunch of idiots. what are you doing. Don't you think you punished this dog enough for nothing. You all just want to kill. All you involved in this case that are not making sense should be euthanized not stu Let him go for God and all those people who are fighting for stu. You are doing more harm to yourself because this will come to haunt you later. Let him go home and live his final life with his dad Jeff. I have taken law and you got nothing on this dog whtsoever.
This case is ridiculous and wrong. Please mayor and the idiots that are involved in this case. This case has been so mishandled that there is no proof that this dog is a danger to no one. Now that he is old you want to put him down. THis is disgusting and a disgraced on you. Shame on you for this. You all are a bunch of idiots. Please let this dog go home and spend the rest of his life with his dad Jeff. The woman involved in this incident is a liar and scammer. As of now this so call victim is now getting rich over this scam she has done. She deserves to be in jail for lying and perjury. I feel more for the dog Stu and his dad Than for Titiana. Please don't let this dog die in vain for nothing.. Please let him go home and live the rest of his life with his dad. THis case is just full of lies and missing data. This dog is innocent and they know it. Just let him go home LOts of love Jeff and Stu. Please keep me updated on this case. I pray that you and stu are together again.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!